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ISSN: 2333-9721
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-  2018 

Suitability of Changinge a Judgment in Terms of Structure

Keywords: De?i?im,?slam Hukuku,Hüküm,Us?l..

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Abstract:

Changing a judgement is generally accepted and presented as an important indicator of the dynamic structure of Islamic law, it could sometimes be applied to all judgments without any limitation. In order to reveal the wrongness of this attitude, studies on what cahnging a judgement means have been done. However, what should be done first is to check the suitability of changing a judgement in terms of structure. In this study, we discussed the suitability a judgment for being changed as defined in the methodology. We dealt with Shattibin's approach which we considered relevant to the subject. We tried to test this approach in the context of "the judgement of performing later the nafilin invalidated before completion", "principle of ez-zarurat tub?hu'l-mahz?rat " and " judgements with orders and prohibitions getting obligatory upon state provision " in a way which can mean changing a judgment in fiqh sources

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