Analysis of the casuistic structure of the legal exegesis of the Qur'an from its form and content: The example of tafsir al-qurtubi

Abstract

al-Qurtubi (d. 671/1273) was a scholar of tafsir, hadith and fiqh. He experienced both Western and Eastern civilizations in the geography of Andalusia and Egypt, respectively. In his famous Tafsir called al-Jami li-Ahkam al-Qur'an, al-Qurtubi comparatively explained and interpreted all legal verses. Also, in addition to exploring the spesific legal rulings denoted in the Qur'an and the Sunnah, al-Qurtubi has largely interpreted the legal norms regarding the issues of jurisprudence. By doing this, al-Qurtubi contributed to the formation and deve-lopment of a civil codification activity under a kazuistic format. The casuistic structure of the legal exegesis of the Qur'an is anlaysed in terms of the form and content in the sample of al-Jami. Therefore, neither the similarity or similarity of the schools of the legal exegesis of Qur'an and of the legal schools nor the disciplines of positive law, but their kazuistic structu-res, which systems they built and which interpretation methods and techniques they opera-ted on this basis, were evaluated in terms of their original structure. In this direction, the ar-ticle emphasizes that the casuistic structure of the legal exegesis of Qur'an is established on and by the Prophet's sayings and practices. Although, it has been observed that it is a unique tradition, both as form and content, and that the interpretation means are identified with its own unique structure, it has been concluded that the casuistic method is not one of the fun-damental elements of both this tradition and Islamic legal thought. This means that the casu-istic method is always a tool that can be changed and transformed according to the conditions of time and space.