Abstract

el-Bâcî is one of the leading jurists and hadith scholars of the Malikis who lived in the tenth century. He contributed to the formation of Andalusian Malikism and was accepted as the leader of Andalusian Malikiism during his time. He came to the fore and was known for his hadithism and proceduralism. He is known for his works in the field of hadith and procedure. He played an important role in authentic hadiths reaching today and understanding Imam Malik's work named al-Muwatta’. el-Bâcî wrote many works in the field of fiqh methodology. He introduced the method of fiqh in his works on methodology and systematically discussed the evidence on which his method is based. He is one of the rare methodologists who explains his fiqh proofs after giving them in a systematic way. The evidence on which it is based in that procedure; he examined it by dividing it into three parts: the original (el-asl), the reasoning of the original, and istishâbu'l-hâl.” He divided his primary evidence, which he expressed with the phrase “al-Asl”, into three parts: the book, the sunnah and the ijma. He divided the understanding of the original (el-asl) into four parts. İstishābul-hāli is discussed in a single part. Unlike the hierarchy of evidence established in the understanding of Islamic procedure, he evaluated qiyas in the part of reasoning about the original (el-asl). In addition to these evidences, el-Bâcî also included the evidence of seddü'z-zerâi' and istihsan; He accepted the istihsan as a weak evidence and the seddü'z-zerâi as confined to a limited area. In his works on procedure, el-Bâcî mentioned the sunnah among the primary evidence, which he called al-asl. He mentioned the dictionary meaning of sunnah and the meaning of the term according to hadith scholars and methodologists. He generally evaluated the sunnah by dividing it into three parts: actual, verbal and confirmation (takriri). He did not directly define the parts of the sunnah, but explained what he meant by the types of sunnah through summary information and some examples. He discussed following the Sunnah on the basis of power and obedience. Cited many verses as evidence in his works on procedure el-Bâcî argued that obedience to the Sunnah is in the same position as obedience to the Quran. He concluded that the sunnah, whose source is certain, ultimately turns into the Quran, and that although it comes after the Quran in the hierarchy of evidence, the sunnah is as effective as the Quran in determining the provisions. Therefore, el-Bâcî defended the view that the verses that command obedience to Allah also implicitly command obedience to the Prophet. He argued that, unlike the common view of the sunnah in the Islamic society, that there is reward in doing it and there is no sin in skipping it, the sunnah is close to the ruling of wajib, not the rule of mandub, and therefore the sunnah cannot be abandoned arbitrarily. He differed from the majority on this issue by accepting the view that the Sunnah abrogates the Quran in some matters. He also focused on the topic of news in order to accurately determine the position of the Sunnah. He evaluated the news as the source of the sunnah by dividing it into two parts: mutawatir and ahad khabar (news from one person). He used mutawatir not only as news that a large group of people transmitted from the Prophet from generation to generation, but also to express situations that were known by everyone and could not be denied. In his understanding of usul, mutawatir khabar conveys essential knowledge. He put forward three conditions for mutawatir to express essential knowledge: the narrator must be intelligent, he must necessarily have the knowledge of what is reported, and the narrators must reach a certain number. Ahad accepted the news as the narration of a single person and as evidence from which no knowledge can be derived. However, he discussed it from a broad perspective in terms of impact. In el-Bâcî's understanding of procedure, ahad khabar explains the summary of the Quran and mutawatir; it allocates the whole of the Quran. He examined the ahad khabar meticulously in order to determine the deed in general. According to whether it requires knowledge and action or not, ahad khabar is divided into two parts: ahad khabar, with which knowledge is formed, and ahad khabar, with which knowledge does not occur. Through whom knowledge was formed, listed six forms of ahad khabar. In order to accept the ahad, he generally took into consideration the narration's narration. He did not accept the Hanafis' principle of umumu'l-balwa. Also he did not mention the condition that ahad news should be in accordance with the practice of the people of Medina and preferred to remain silent on this issue. He claimed that ahad khabar could abrogate the Quran. He cited various examples of this actually happening.