Abstract

At the end of the verses 44th, 45th, and 47th of the Surat al-Māʾida, it is seen that those who do not judge by what Allah has revealed are described as unbelievers, oppressors, and fāsiqs with the general expression. Especially in verse 44th of the surah, the fact that those who do not judge by Allah's revelations are characterized as misbelievers has been a subject of debate since the early period. Many different opinions have been expressed by the mufassirs about who are included in this scope, who are the addressees of the verse, whether the” kufr” here is blasphemy in the form of denying Allah and leaving the religion, or is it a different type of “kufr”. As it is understood from the information in the sources regarding the asbāb al-nuzūl of these verses were revealed as the Jews destroyed the provisions set by Allah in the Torah, changed them with various ways, and discriminated between people in various ways and applied them. With the relevant verses in Sūrah al-Māʾida, all these injustices, lawlessness, and unfairness were made away and the Jews who committed them were strongly criticized. In this regard, it is seen that some commentators have devoted themselves to the reason for the verdict of the relevant verses and interpreted the characterizations in the verse as infidels, cruel, and fāsiqs as covering only the Jews who committed these acts. However, even if the information about the contents of the relevant verses shows that these verses are about the Jews, this does not mean that the scope of the verse should be limited to them. Because both the universality of the messages of the Qur'an in general and the fact that the address in the verses came in a public way do not allow these provisions to be allocated only to a certain group. In addition, according to the rules of istinbat, the fact that the reason for making a religious provision is specific does not prevent the generalization of it. When considered within the framework of the principles we have explained, it becomes clear that narrowing down the provisions of the verses by allocating them only to a certain group is not a correct approach. In this article, it is aimed to draw attention to the richness of meaning that emerges when the relevant verses are evaluated in terms of the types of indications in the fiqh method. When the verses within our subject are evaluated in terms of the types of indications, it is seen that these verses indicate that the implementation of a provision in force cannot be avoided. In the relevant verses, it's concluded that important principles and rules of law such as the realization of justice, the rule of law, equality before the law, no one's being privileged in the sight of the law, the powers of the head of state are limited, that there is no place for ijtihad where Allah's clear judgment exists.