Mehmet ÖZSENEL / Some Considerations on Fiqh, Mazhab and Sunnah (the Authority of the Prophet according to Hanafi School of Law)

Abstract: This article essentially aims to criticise and analyse the work of Dr. Murteza Bedir with the title of Fikih, Mezhep ve Sünnet on formation and development of hadith/khabar theory according to the Hanafi School of law. Dr. Bedir claims that the Sunnah means `common knowledge` or `heritage` of early Muslim society including the acts and interpretations of the Holy Prophet, his companions (sahaba) and their disciples (tabiun) etc. and, it’s an essential source of law at the early period of Islamic religious thought. The hadith according to him is a later development, and was emerged to provide the connection between Sunnah and the Prophet by means of the reports and narrations during the compilation period of hadith at second and third century of hijrah. So, according to Dr. Bedir, Hanafi scholars who had seen themselves bound to take the Sunnah as a source of Islamic law had to developed a new hadith/khabar the-ory after Shafii’s efforts towards replacing hadith with sunnah. Although Dr. Bedir’s work in-cludes some approaches and opinions open to criticism in historical perspectives, gives us an opinion on the view of Hanafi School of law to hadith and Sunnah in historical process.

Citation: Mehmet Özsenel, “Fikih, Mezhep ve Sünnet (Hanefî Fikih Teorisinde Peygamber’in Otoritesi) Hakkinda Bazi Mülâhazalar” (in Turkish), Hadis Tetkikleri Dergisi (HTD), IV/2, 2006, pp. 7-36.

Key words: Fiqh, usul al-fiqh, hadith, sunnah, ra’y, khabar, Hanafi School of Law, Isa b. Aban, Jassas, Murteza Bedir.

  

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