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Babanzada's Methodological Critique of Mansurizada on the Subject of PolygamyGönan, YavuzIslamic LawUsul al-FikhPolygamyBabanzada Ahmad Na'imMansurizada Sa'id BeyUsul al-Fikh is a branch of science that aims to analyze the subjects within the scope of Islamic law according to a certain method and hierarchy. According to general and traditional acceptance, this hierarchy consists of the kitab, sunna, idjma. and kiyas, which are called al-adilla al-shar'iyya / al-adilla al-arb'.a. According to those who hold this view, this hierarchy should be taken into account when finding a solution to a legal problem. The above hierarchy also reflects the epistemological understanding of Islamic law, i.e., the source of knowledge and the method of its application. Accordingly, the source of knowledge is revelation, and reason functions as a method for understanding the verses and hadiths that reflect revelation. Since revelation is static and social demands and needs are variable or dynamic, people who will use reason, i.e. mudjtahids or jurists, have important tasks to perform in order to find solutions to these new situations. If we look at the history of Islamic jurisprudence, we will see many examples of the solutions that the mudjtahids developed for the new situations, demands, and needs that arose, as well as the quality of the method they used to develop these solutions. Throughout Islamic history, Muslim societies have experienced many events, such as the Crusades and the Mongol invasion, which have affected their social institutions and dynamics. These events have led to changes and transformations in Muslim societies, and Islamic law has tried to find solutions to the problems arising from these events. One of the greatest transformative (traumatic) forces facing Islamic societies is the phenomenon of Westernization and the social demands and needs it brings with it. During the final decades of the Ottoman Empire, particularly during the First and Second Constitutional Periods, the topics of 'family' and 'women' constituted some of the most pressing social concerns of the era. These issues, which were shaped by the process of Westernization, prompted considerable debate within the social sphere. The issue of polygamy, which has a legal dimension as well, is the most debated issue of this problem and has been the subject of a considerable number of articles both for and against it. Given the absence of legal regulation on family law in the Medjelle, which was regarded as the Civil Code of the period, there was a clear expectation and demand for the elimination of this deficiency. In response to these expectations, the Hukuk-i 'A'ile Karar-namesi was prepared in 1917 and entered into force. Prior to the decree's enactment, there were significant discussions among Ottoman intellectuals, including Babanzada Ahmad Na'im (1872-1934) and Mansurizada Sa'id Bey (1848-1921), particularly regarding polygamy. In these debates, there were those who argued that a law could be enacted to make monogamous marriage compulsory and prohibit polygamy. Conversely, there were also those who opposed this. Mansurizada, who considers polygamy to be an impediment to societal advancement as Babanzada asserts, posits that the legislative authority has the prerogative to prohibit polygamy by making monogamous marriage obligatory through legal regulation. He posits that the issue of polygamy falls within the purview of dja'iz, and that the legislator is thus empowered to enact legal regulations pertaining to a subject that falls within the scope of dja'iz. On the contrary, Babanzada posits that this matter is not within the purview of dja'iz, and thus the legislator is unable to enact legislation to restrict polygamy. In essence, the debate between them is a debate of method. It is evident that both intellectuals sought to persuade the public while presenting their views and employed certain methods to substantiate their views in the articles they wrote for this purpose. Mansurizada employs the syllogism method in the science of logic as a means of regulating polygamy through legal means. According to Babanzada, the use of such a method is to reverse the hierarchy of the al-adilla al-shar'iyya. Therefore, the assertion put forth by Mansurizada, namely that marriage with one spouse would be legally mandated, is problematic. He maintains that polygamy is subject to regulation through the kitab, sunna, idjma., and that it cannot be subjected to a new regulation using the method employed by Mansurizada. Otherwise, the legislator would be exceeding his authority and intervening in an area that is legally regulated by the Shari'ah. This is an untenable state of affairs. The present study will elucidate Babanzada's critiques of Mansurizada's methodology, which was predicated on the premise that polygamy could be constrained by legal regulation on the basis of Usul al-Fikh.AFYON KOCATEPE UNIV2024-06Articlehttps://rdlopen.rawdatalibrary.net/r/gumushane/16621https://doi.org/10.52637/kiid.1458695trKOCATEPE ISLAMI ILIMLER DERGISIinfo:eu-repo/semantics/openAccessinfo:eu-repo/semantics/articlehttps://gumushane-rdlopen.rawdatalibrary.net/tr/items/gumushane/16621