Life is short, birds are flying

The title of our article is the distinction between law and fiqh and tafakkuh in religion (thinking about something by looking behind it and taking precautions for the future) or consulting our hearts by saying "life is short, birds are flying". Let's continue from here.

Cemal Süreya's "Life is short, birds fly." The strings lie on my desk. "You don't need to be a bird to fly, it's enough to have small joys." Attending classes, being friends with the world's distinguished minds and chatting with them, knowing their concerns and producing texts, are my little joys. It is important to "talk in difficult times" and increase possible contributions to solution proposals.

Recent discussions in the field of economics mean "There is no room for ijtihad in the Mavridi nass", that is, ijtihad cannot be made on the Shariah provisions that are clearly expressed in the Qur'an and the Sunnah, cannot be denied.” The situation seems to have developed in favor of the second proposition, with the views produced on the concept of "grant", which means the "assignment of a property to someone else while alive", which is included in the group of private debt relations without any conditions.

Monarchic governments, which explain that they are based on religious foundations and prioritize the theoretical and religious foundations, may update the solutions to the problems experienced, the fiqh rulings (fatwas) produced on similar problems in different times and places, or new opinions (ijtihads) may also be found and presented as a fatwa in a binding way. On the other hand, in the Republic of Turkey, which is a secular, social state of law, scholars who specialize in religious matters and have in-depth knowledge may have opinions, but to what extent is it epistemicly consistent to present it as a fatwa? Because the Republic of Turkey, with the law enacted on March 3, 1924, left detailed researches to the Supreme Council of Religious Affairs, which consists of experts, in order to express opinions on religious issues within the Presidency of Religious Affairs. Taking into account the basic information sources and methodology of the religion of Islam, its historical experience and current demands and needs, it is the main duty to make decisions, express opinions and answer religious questions. In this respect, the Board wants itself to be accepted as the official reference of authentic religious knowledge.

In addition to this board, can Islamic Law faculty members who work in Theology faculties be prioritized and cared about as people who have focused on religion? Or, assuming that the majority of them see themselves that way, how are their views (please note that I did not say fatwa) reflected in the public? Or, is tafakkuh in religion only knowing the science of fiqh? What is the difference between fiqh and law, that is, provisions produced in certain times and places in history?

The Hadith of Jibril: What Can We Know, What Can We Do, and What Can We Hope For?

In the context of what we can know, what we can do and what we can hope for, it is important to emphasize that knowing well and doing the right thing will make one happy in philosophy questions. At this point, we examine the Islamic Ethics Philosophy centered on three basic questions (free will, right action, the highest good) and base it on the following proposition. A person with free will evaluates his options rationally, acts in accordance with correct knowledge (good deeds) and takes responsibility, as a result he feels good and is happy.

Having free will to be happy, which means having responsibility; then it is necessary to evaluate the options in a rationalist and consistent manner and to commit the right action/good deed. In other words, it is important to discuss the possibility of transforming this into a morality of duty, that the purpose of moral action is pleasure, utility, happiness and duty, that knowing the good and doing the right will make the person peaceful and calm and happy.

In this context, let's remember that it is stated in Islamic philosophy that Tahsilu's-saade, that is, achieving happiness, is a dimension of ensuring peace and prosperity in the world, and that the main goal will be happiness, that is, achieving ultimate happiness in the hereafter.

By drawing attention to the difference between theological ethics and Islamic moral philosophy, we can focus on the hadith of our prophet Jibril, who is our role model. Because when every believer and believer achieves the harmony of theory and practice, it shows that they can experience the level of ihsan, that is, the projection of the most advanced stage of happiness, while in the world. In the meantime, let us state that we prioritize the difference of examining the hadith/sayings in terms of the discipline of Hadith and the role they play in Islamic culture and the epistemic foundations of its results, beyond paying attention to the diversity of their isnad. Saying that every believer and believer who achieves theoretical and practical harmony will be happy in this world and in the next world and will reach the level of benevolence, as stated in the hadith of Jibril, indicates that Islam does not have a priesthood status like in other religions; but how we read with the word that the heirs of the prophets are scholars let's explain

Basically, the hadith of Jibril draws a roadmap for the prophets to be distinguished people in the intellectual accumulation of humanity, to be with them and to constantly seek knowledge from the cradle to the grave, to renew these theoretical aspects (the principles of faith) and to put them into practice as a role model.

It is called ayne'l-yak (Islam) that those who know the theoretical issues as ilma'l-yakin can put them into practice. By providing the theoretical and practical harmony, he reaches the station called ihsan in the world. At this stage, a person worships as if he sees Him, and tries to lead a wise life in accordance with him. Because the person who has reached this level (Muhsin and muhsine) is the one who is with God among the people, it can be described as the projection of happiness in the hereafter on earth. This is the Hakka'l-Yakin stage.

As for the question of how this will happen in philosophical language, here he describes the process of transforming the "Know Yourself" principle of Socrates, the representative of the rationalist tradition, into the proposition "He Who Knows Himself Knows His Lord" in Islamic philosophy. The hadith of Jibril basically can be read as the new expansion of the hadith, "La clergy fi'd-din", that is, there is no higher status as a priesthood in Islam, as in the Prophet Jesus and his time, that is, there is no clergy, that is, there is no clergy caste (57/Hadid/29) .

The Difference Between Fiqh and Law in the Context of the Principles of La clergyman fi'l-Islam,

Fiqh is to understand the word of God deeply, that is, to penetrate its secrets, and law is the results/laws derived from them. In the face of a new event, the mujtahid makes comparisons of fer'in asl'a and finds a solution, but it is overlooked that the ijtihad is beyond this technical situation/mental strength, that the jurists have no direct contact with the word of God and reach their lofty goals (fehm). it makes them feel proud. Seeing themselves as religious legislators and explainers can lead to deification of one's self.

What is important, then, is to contemplate and deepen in religion, to learn as much as possible theoretically (theoretical philosophy) and to have the qualities of a scholar, abid/e zahid/e and arif/e who live a moderate life (practical philosophy/wisdom) in accordance with these sages. The wise man (philosopher) is the one who re-establishes the connection between physics and metaphysics.

When we say that this is the projection of the hadith "al-Ulemâu veresetü'l-anbiyâ"; We think that the hadith of Jibril is an indication that scholars, who are the heirs of the prophets, cannot form an upper class and status quo. Because every believer and believer learns the theoretical aspects of his religion in the context of his abilities and possibilities, and if he lives accordingly, he is wise.

And Consult Your Heart!

After all, when faced with a problem, one can look at the opinions of people who have learned religion, but it is appropriate to make the final decision by consulting his heart, because he is the one who knows best the conditions he is in and the problem he is experiencing. As a matter of fact, our road leader Hz. Muhammad (pbuh) asked his comrade, his companion, "Have you come to ask what goodness is?" says. When he was answered yes, he said, “Consult your heart, ask your soul. Goodness is what your soul sees fit and your heart approves of, and when you do it, you find peace. Evil (sin/wrong) is what makes the soul restless and causes hesitation in the chest (heart); Even if people give you a fatwa, you follow the fatwa that your heart will give you!” he said.

Tafakkuh points beyond learning fiqh; The main thing is to be aware of the nature/essence of the goods and to act accordingly. In this sense, it should be noted whether a jurist is, as Ibn Abbas says, a person who is distant from worldly affairs. The essence of the word is tafakkuh, that is, having in-depth knowledge of religious matters and “living with the heart”; that is, to prioritize and care about the counseling of the heart.