Debates and Approaches in the Late Ottoman Fıqh Thought

The debates and approaches surrounding fiqh in the late Ottoman period constitutes an important turning point in the transformation of the field from the classical era to the modern period. The main impetus behind these debates and approaches has been the necessity of adapting to the needs of time. For this purpose, some new approaches have been put forth as a result of certain debates in the fields of uṣūl and furu'. While the debates in the field of uṣūl revolved around the concepts of ijtihad, 'urf, maslaha and qawaid, the furu' field was subject to further questioning in which these concepts were used in argumentation. Some of these main concepts are: the implementation of ḥudūd, the banning of polygyny, the problem of interest and the navy donations as a substitute for the obligations of zakāt and aḍḥā. In conclusion, the proposed approaches in the context of the past periods have offered valuable guidance for the contemporary jurists who work under the stress of their own times.


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