Akademik Veri Yönetim Sistemi
BILIMNAME, sa.2, ss.211-229, 2015 (ESCI)
It is accepted that the literature on the methodology of fatwa emerged at a later period comparing with other spheres of fiqh. Although the first independent work of fatwa methodology was composed by Ibn al-Salah the topic had been dealt with in same previous works. For example, in many Hanafite Fatawa/Nawazil works which are written since the first period, the topic of fatwa methodology was studied. Especially Hanafite jurist Abu al-Lays al-Samarkandi in his work Macmu' al-Nawazil dedicated a chapter named 'bab al-fatwa' and studied fatwa methodology. Although it was not as detailed as Ibn al-Salah's work, still it is considered as an important development. In order to be able to observe the development of Hanafite fatwa methodology we will provide a summary of related literature then examine Muhammed Badraddin al-Shuhawi's al-Tirazu'l-Muzhab, which we consider is one of the earliest independent works in its field. It cannot be said this work is well-known in the madhab since hardly any information can be found in biographical works about Shuhawi and only few references to his work in the sources. Although his work is made of a few folios there are only three known manuscripts of it in the world. Shuhawi gathered in this work various information previously existed in furu' works in section dealing with rasm al-mufti. Shuhawi's original evaluations an deductions on certain points may well be considered as important.