İSLÂM HUKUKU’NUN KAZUİSTİK YAPISI ÜZERİNE
In the past, a long time using casuistry method (meseleci) the Islamic Law, by looking at this method, on the grounds is not very suitable to meet the needs of modern life with the same flexibility and ability has been criticized by some Orientalists. In fact, casuistry method had been not only Islamic law, but also in other law systems had been the codification method until the19. century. Moreover, this method currently has been used by the Anglo-Saxon law system too. Therefore, it is not an appropriate approach to consider the casuistry method as a law-making method/approach specific to Islamic Law. Although a quality that, verses and hadiths (nass) have, impacts on juridical provisions obtained from them to show a casuistry tendency, Islamic Law also has a property to create abstract principles whether its sources or as a system. Thus, it is a fact that in the classical Islamic doctrine, by acting from similar singular/particular provisions of events reached a general verdict (holistic base) too. Codification in the history of law; has explained an ongoing process with firstly casuistry later casuistry-abstract, and finally abstract method by depending on the level of in terms of creating a logic of law and law-making technique of jurists and jurisprudence have reached. However, these applied methods present a property that complates each other and has a purpose of making law applied better. Since purpose in terms of Islamic law is to supply the implementation of the provisions of the Sharia in all ages and law method that allows to meet the needs of the age, using casuistry or abstract method as a logic of law-making will not be a problem.