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    Position of the Qawl al-Sahâbî in the Hierarchy of Evidence of the Hanaf? Madhhab Compared to Qiyas
    (Düzce Üniversitesi, 2024) Erden, Salih
    This study aims to determine the position of the qawl al-sahâbî in the hierarchy of evidence of the Hanaf? madhhab compared to qiyas. İn the study firstly, the concepts of sah?b? and qawl al-sahâbî are discussed, then the views of the founding imams of the Hanaf? madhhab and the Hanaf? methodologists on this issue are presented. Finally, three issues in which the founding imams are alleged to have taken a contradictory stance on the qawl al-sahâbî and the possible reasons for Ab? al-?asan al-Karh?'s different view from the Hanaf? madhhab on the evidential value of the qawl al-sahâbî are analysed. According to the findings of the study, the founding imams of the Hanafi madhhab took the qawl al-sahâbî as a reference and preferred the qawl al-sahâbî to qiyas in matters that could not be understood by reason and those that could be understood. In the sources, there are many narrations from the founding imams that in both cases, they preferred the qawl al-sahâbî to qiyas. In addition, many Hanaf? jurists have stated that this was the approach of the imams towards the qawl al-sahâbî. On the other hand, Hanaf? lawyers, like the founding imams, a preferred the qawl al-sahâbî to qiyas in both cases. However, al-Karh? put forward a different view on this issue and argued that although the qawl al-sahâbî has evidential value in matters that cannot be understood through reason, it does not have any superiority over qiyas in matters that understood through reason. There is some evidence that Mutazilite thought had an influence on his adoption of this view. In addition, the three issues on which the founding imams are alleged to have exhibited contradictory attitudes can be interpreted in accordance with the narrations showing that they prioritised the qawl al-sahâbî over qiyas.