Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi

Abstract

In the Islamic world, the rules of social order are called “fiqh”, “shaia” or “shar-i sharîf”. This conceptualization was used in this way from the beginning until the 19th century. The concept of "Islamic law" entered our language towards the end of the 19th century. The concept of Islamic law has been accepted almost without objection and has begun to be widely used. The question of why the concept of Islamic law began to be used instead of the concept of "fiqh", which has been used for centuries, has not been emphasized much. However, this conceptual change is not a spontaneous situation. It is understood that the concept of "Islamic law" entered our language in western languages as the equivalent of the term "droit musulman" or "droit islamique" in French and "Islamic law" in English. Although Western scientists knew the concepts of "fiqh" or "shariah", they consciously preferred the concept of "Islamic law" and insisted on its use by Muslims. It is understood that there is a colonial mentality behind these insistences. In their efforts to make Muslims accept the superiority of Western civilization, there is also an intention to transform Muslims. Since they were convinced that the way to transform Muslims was to transform fiqh, they first tried to change its concept.