TAHARRÎ/TEVAHHÎ AS A METHOD OF JURISPRUDENCE (IJTIHAD) IN THE ISLAMIC LAW

Taharrî/tevahhî is one of the important concepts of fıqh (Islamic law). It is to give the most accurate judgment by using the evidence, signs and indications available to judge in an affair that related to the Shari’a which is similar or intermingled with the broadest sense and has no definite information about it. If these are not available, then it is an effort to choose the most suitable one with its own particularity. In terms of content, scope and judgment, it is different from concepts such as Ijtihad (jurisprudence), ihtiyat (precaution), zan/shek (doubt) and vehm (suspicion). At the same time, according to some of the scholars of Islamic Law, Taharrî is one kind of ijtihad or ihtiyat (precaution). But there is a majority of who claim the more strong relationship between taharri and ijtihat. Almost, there is no disagreement between scholars of Islamic law about to be its evidence. In practice, two situations arise in which it is permissible and not permissible. In both cases, important principles of the Fıqh prevailed in Kavâid (Rules) type works. Some rules of them such as that “at the absence of proof, taharri would replace with religious (er’i) proof, “taharri just can be permissible at the halal stuff in the compulsory situation”, “at the chastity/namus issues taharri is not proper” attract attention. It has been seen that the most issues that taharri can be allowed are prayer one according to books containing topic of taharri. Whereas, the situations that taharri is not allowed come forward mostly about chastity/namus issues. In the article, the nature of the taharri / tevahhi concept, its support, and the meaning framework pointed out by the related principles are discussed. Nevertheless, attempts have been made to determine the nature and boundaries of the permissive or non permissive situations.

Keywords

Islamic Law, Taharri/Tevahhi, Ijtihad, Qavaid/Rules, Method.