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Doctrinal difference: History and connotations

Doctrinal difference: History and connotations *

Radwan Mr.([1])

First: Appear:

The authors Hanafi Abu Hanifa Nu'man ibn Thabit ( 150 e) A. “Different companions”([2]). However, what has come down to us bloggers him his to Osman Alapta world Basra, and declared his disagreement with him on several issues([3]). There is the legacy of Abu Hanifa without student Abu Yusuf Ya'qub ibn Ibrahim ( 182 e) In “Reply to Sir Ouzai” ( 157 e) The world of the people of Syria, and the other book Abu Yusuf named “Difference Abu Hanifa and Ibn Abi Layla” Judge Kufa, the days of the Umayyad and Abbasid([4]). We also have a message Layth ibn Sa'd ( 175 e) Egypt to the world of Imam Malik ibn Anas, telling Pachtlavh him to consider ” Work of the people City” Between the forensic evidence or assets([5]).

He arrived to us from the stage, the first codification of the difference book Muhammad ibn al-Hasan al-Shaibani( ـ 189هـ) Job: “Argument on the people of the city”, And the people of the city are the owners of Imam Malik, in his view, which compares their views on the doors of the Principles of the views of his teacher Abu Hanifa, and given them so([6]). Keep us Shafei( ـ 204هـ) The mother in the book he left behind in what appears to draft several messages in such difference “Shafei difference with owner”, And Abu Ammar Abdul Kafi”Shafei difference with Muhammad ibn al-Hasan”; Addition to the aforementioned letters (Differing Abu Hanifa and Ibn Abi Layla, and to respond to the functioning Awzaa'i)([7]). We know from sources that Muhammad bin Abd al-Hakam ( ـ 264هـ) Maliki tendencies, A. in response to the Imam Shafi'i ( ـ 204هـ) His violent: “Reply to Shafi'i in what violates the Quran and Sunnah”([8]).

If the literature and letters that we have mentioned belong to the stage schools of Islamic jurisprudence (Between 150 and 250 e); The books in many other differences emerged among the middle of the third century and the middle of the fourth century AH. Have varied purposes and objectives and curricula

There are, for example, a book Hanafi jurist Mohammed bin brave snow ( ـ 256هـ) Male issues which differed Hikhah: Abu Yousef ( 182 e), And exhale bin Hudhayl ​​the ( ـ 158هـ). Muhammad bin Nasr Marwazi, ( ـ 294هـ), The A. “Different scholars” To show that Abu Hanifa Kufi contained most of his understanding to Ali and Ibn Massoud; may Khalvhma in many of the issues (At the gates of Jurisprudence).

And Ibn al-Nadim mentioned in: “Catalog” Book to Zakaria Alsagii called: “Different scholars”; Did not reach us. But arrived months of that period, two pieces of book Muhammad ibn Jarir al-Tabari( ـ 310هـ) Big Job: “Different scholars” Also. It is the same era and reached three books in the difference of Abu Bakr Muhammad ibn Ibrahim ibn al-Mundhir ( ـ 319هـ) She “Supervision of the doctrines of scholars”, And Abu Ammar Abdul Kafi”East in the Sunnah and the consensus and differences”, And Abu Ammar Abdul Kafi”Different scientists”. Hanafi and class Tahhaawi( ـ 320هـ) Written by renowned difference: “Explain the meanings of monuments”, And Abu Ammar Abdul Kafi”Different scholars”; And all of which are located in multiple folders([9]).

The third phase is concerned with (In between the fourth and sixth centuries) Coup variation of comparative jurisprudence into a violent controversy or quiet; like a book of Abu Laith Nasr bin Mohammed Samarqandi ( ـ 373هـ): “Matters of dispute” Or “Various novel”, A book fur ( ـ 450هـ): “Great controversy”, A book Kaddouri Hanafi ( ـ 428هـ): “Abstraction”, A book Bayhaqi ( ـ 458هـ): “Alkhlaviat”. And months Khalaviac this period: “Beginning of the industrious” Labn growth ( ـ 595هـ), Wrote al-Ghazali ( ـ 505هـ): “Sockets dispute”, And Abu Ammar Abdul Kafi”لُباب النظر”, And Abu Ammar Abdul Kafi”Immunization sockets”, And Abu Ammar Abdul Kafi”Principles and objectives”.

It is noticeable that more third era these books focus on the dispute between the tap and Shaafa'is in other jurisprudence doors in while working Abu Zeid الدبوسي the Hanafi ( ـ 430هـ) To clarify the controversy within the Hanafi school on the one hand, and between the Hanafi and Shafi'i, Maliki, on the other hand. And leave Ibn Abdul-Barr ( ـ 464هـ) On the study of the same issues in the Maliki school (Malik and his companions difference)([10]).

The scholars wants Mahdthon to respond these doctrinal differences to covenants companions and followers. The sense that they go to that differed in which companions in the city is reflected in the doctrine of the owner, and differed in which Ibn Abbas, along with other companions and followers in Mecca, he appeared in the jurisprudence of Amr ibn Dinar and Ata 'ibn Abi Rabah, and differed in which scholars of Kufa appeared in the jurisprudence of Abu Hanifa.. Etc.([11]).

And I see that it was not this way. It was the companions and Affiliates disagree on the issue or issues Alajthadetyn, and then gets an agreement or not; without affecting so much in them. Such as the insistence of Omar bin Khattab not to forcibly open division earths between combatants, and make it an abscess for Muslims. It is like the son of Abbas's insistence on the legalization of usury credit. It is like the differences in inheritance brothers with Grandpa;, where Abu Bakr, went with him to the group Torathm analogy with the Father; while he went on and the son of Massoud and Zaid ibn Thabit not to Torathm([12]).

We do not see a strong relationship between the different companions and followers on the one hand, and differences in the second and third centuries. In that period, which we called the first stage (150 ـ 250هـ) The jurisprudential trends in the regions, turn out to individual doctrines (Hanafi and Maliki, Ozai, Shafii, Hanbali, and Zaydi and إباضي.. Etc.)([13]); Function was to emphasize the difference clarify the limits of the doctrine or to determine a general nature to him by way of differentiation.

In the second phase has begun Altqaid idiosyncratic and fundamentalist (Evidence and rules), And therefore tended scholars to take advantage of the opportunity, which went all the doctrine to take advantage of the other sect. The clash came back in the third phase to prove the existence and homeostasis in endowments in schools in the state judiciary.. Etc.([14]).

Secondly: The legality of the difference:

Shafi says ( ـ 204هـ) In the letter([15]): «Said: I find the scholars past and present in some different guardians, does afford that? : The difference of the two sides, one Muharram, I do not say that in the other. Said: What difference is forbidden? : All what God has established in your argument Said AH or tongue Prophet prescribed Pena, does not solve the difference to those who taught him. And what was likely interpretation and realizes analogy went Almtaol the Oalqaas to sense tolerated news or measurement, and that it goes against the other; did not say that it narrows difference in the tight set. Said: Does this argument show فرقك between Alachtlavi? : ) Nor did the People of the Book, until after there came to them evidence (([16]). The bulk of praise: ﴿وَلا تَكُونُوا كَالَّذِينَ تَفَرَّقُوا وَاخْتَلَفُوا مِنْ بَعْدِ مَا جَاءَهُمُ الْبَيِّنَاتُ﴾([17]). فذم difference in what came to evidence. As for what assigned diligence has represented you Balqublh and certificate and other…».

Thus, the Shafi'i has approved discretionary difference in the branches, which is what he was doing is the same, the difference in assets edema and beliefs. The referee has the two in the presence of the text or evidence or lack thereof. When there is the text of an arbitrator may not be differences around him, and when it is not ijtihad becomes necessary, however diligent gets the dispute, which must also delivery of its necessity([18]).

It is interesting that Ibn Hazm ( ـ 456هـ) Is the one who raised this dust about prohibition difference in everything; said in his book: Clinch in assets provisions: «Difference can not help at all, and may not be. But we follow the imposition of the Quran came from God Almighty who proceeded us the religion of Islam, and narrated from the Messenger of Allah e commanded by God made religion »([19]).

Ibn Hazm cited arguments mentality and نقلية for saying the difference and then claimed the missed. Therefore committed to all those who protested the difference diligence reply it, or do not say it is permissible difference. Among those Ibn Abd al-Barr in “Statement of science and collector bounty”, And al-Khatib al-Baghdadi in “Faqih and consistent”, الآمدي in “Clinch”, And I'm nuts values ​​in “Media sites”.

In fact, raise the problem came from somewhere else is telling Obeid-Allah ibn al-Hasan Amber( ـ 168هـ) Every hard-working are right, this declaration from the point that the difference is permissible at all, and on the other hand it is not right or wrong in the diligence, but the views are equally for equal health minds, and the openness of the field in which there is no text. Therefore focused effort fundamentalists jurists to respond to it, considering that the right one, with the wage for hard-working at fault as contained in modern popular([20]).

Although it is permissible but a necessity difference in the branches, the fact remains that there is a difference in disgrace is not confined to say that it is not permissible in assets; is variation affected Balohoa or ignorance or non-arrival of the directory or remote interpretation or contrary to the evidence of segmental or a lump in the assets of Sharia. The focused Shaatibi in “Approvals” On this type of difference in yield fatwas; said: «May not be neither justified nor permissible for anyone to issue fatwas in the religion of Allah except the truth, which is believed to be right, may do so satisfactorily, and the indignation of his wrath. The but Mufti informant about God in judgment, how to tell him, but what is believed to be the rule and enjoined, and God says to His e: ) And to judge them by what Allah has revealed and follow not their desires (([21]). How may this mufti that Lefty including craves or Lefty lived to be a friendship between them or other purposes? . And how his salvation with being one of the scholars and diligence, but the grace of God and His help and married to him »([22]).

Thirdly: The reasons for the difference:

There are three main reasons for the difference idiosyncratic, branching out many branches.

1) The first reason relates to the: The language of the text, and the difference in the meaning of single or wholesale, as the difference in as metaphor and reality. The scholars differed in Murad street from term Alqra in verse: ﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاثَةَ قُرُوءٍ﴾([23]); Since the word Alqra joint venture between purity and menstruation, and several scholars Mtbinon in absolute and whether be menstruation or بالطهر the. Civilians said that several absolute be three virgins and the Iraqis said they three حيضات,([24]).

It may be sometimes to utter Astamalan: Real and metaphorical. The scholars in different whichever is the first consideration. And Abu Isaac Alasphraina and Ibn Taymiyyah saw no passport and occurrence of metaphor in utter the street; while passport الأكثرون see, in the words of the provisions specifically. Then there is a difference in the formats of the act or the commands and prohibitions. And absolute command stating that it is obligatory, and absolute prohibition stating the prohibition; This is the real use for each of the two formulas, but may be contained each gloss is the meaning which put him first. It may come it to scar, and that the prohibition may be contained to non-prohibition Kalkrahh the and contempt([25]).

2) The second reason for the difference idiosyncratic: Back to the novel conversations, and to this group returns most doctrinal differences. Sometimes it is not up to talk to a hardworking Fifty under Zahir verse or another interview, or measured on the issue of the Messenger of Allah has already e spend.

If the talk has arrived sees the industrious bug Qadhh not industrious sees the other takes the. Moreover, the views of scientists may vary due to differing views on the meaning of modern vocabulary and its implications([26]).

3) The third reason: It is important to difference in branches Valtbaan in fundamentalist rules or jurisprudence and controls the elicitation. And the rules and regulations of different doctrines hardworking; there is a fatwa companion argument, and some of them did not see it; it just depends on what was narrated from the Prophet companion e([27]).

There are differences arising from the concept of Authentic offense has Shaafa'is and Maliki on the one hand, and tap the other hand,. Then the difference in the understanding of the purposes of the law and ills.

And finally: Process of building a judgment whether built on the base of warding off evil and bring interests or not([28])؟

Moreover, some scholars takes Sent interests or some of the disputed evidence, it does not take others vary اجتهاداتهم the. ; Because the doctrine is to know the evidence for the whole, and how to use them, and if the beneficiary. Thus, it is therefore the total controls and rules that placed المجتهدون to adjust diligence process in devising the legal provisions subsidiary of detailed evidence. As far as opinions differ in controls and rules, different interpretations and multiple([29]).

In branching from within what the ramifications of the issue of conflict and weighting, and incompatibility correspond to the manuals for objection, if one being Mgiza a taboo and the other. The discrepancy between the forensic evidence is not in the same order and reality, as Shara evidence does not contradict with each other; shall resort to التغليب be penalties, and estimates vary accordingly between the operative and the concept([30]).

Fourth: Results:

Jurisprudence first appeared, then emerged Science evidence, controls and rules, and the aim was to rationing and Altqaid to adjust diligence processes, and derive rulings. And as long as natural so that not تنضبط all particles that do not Taatnahy under the evidence and rules that Taatnahy the letter and impact.

Therefore, significant differences have emerged for this reason, and for two reasons other than the lack of controls and rules; two norms prevailing in the private jurist environment, and methods of recognizing the problems.

Thus there was a technical and methodological reasons, and other cultural and intellectual, justifying the difference triumph that became an anchor for judgment on the one hand, and to distinguish between assets and branches on the other hand.


([1]) Professor of Islamic studies at the Lebanese University.

([2]) Ibn al-Nadim: Catalog, i, renewed satisfaction, p 165. And compare with an introduction Abu Wafa Afghan difference Abu Hanifa and Ibn Abi Layla, 1357 e. See Jamal Eddine Attia: Endoscopy idiosyncratic, the first edition, Cairo, 1987, pp. 136.

([3]) Abu Hanifa message to Osman البتي;: The world and the learner novel Abu fighters from Abu Hanifa, followed by Abu Hanifa message to Osman البتي, then the simplest novel jurisprudence Abu naughty from Abu Hanifa. Achieving: Mohammad Zahid Alcauthra. Cairo, 1368 AH, pp. 33-38.

([4]) Reply to Sir Awzaa'i Abu Yusuf Yaqub ibn Ibrahim, publication of Afghan Abualova, 1357 AH, Cairo, differing Abu Hanifah and Ibn Abi Layla Abu Yusuf, fulfilling Press, 1357 e.

([5]) Published by al-Tirmidhi in “Sunan”. Compare translated Layth ibn Sa'd Ibn Hajar, Beirut, Dar scientific books 1421.

([6]) Muhammad ibn al-Hasan al-Shaibani: Argument on the people of the city, 4 Volumes. Scientific Library 1418.

([7]) Mother, 2/116, 148, 3/211, 222, 4/218-222, 232-241.

([8]) Catalog of Ibn al-Nadim, a former source, 171. Compare Muhammad Secretary Ould Mohamed Salem bin Sheikh: Taking into account the difference in the Maliki school, Dar research and studies, the United Arab Emirates, p 30.

([9]) Durra luminous introduction to the Imam of the Two Holy Jouini (Investigation: Abdel Azim El Deeb) Has investigated the eighty books in the difference (Qatar 1397). And compare the beauty Eddine Attia: Endoscopy idiosyncratic, op cit, p 138- 141. Kern had tried to follow the doctrinal differences also wrote in his introduction to a piece of ” Different scholars” Tabari.

([10]) We also have the fifth and sixth centuries: Supervision of Abdul Wahab al-Maliki, which is an excellent book on comparative jurisprudence, disclosure and supervision of the Minister of Ibn Hubayrah. We also have a book famous singer Ibn Qudamah Hanbali.

([11]) This is a son of Sheikh in: Subject to dispute, op cit, pp. 22-25, and Mohammed Rockies: Altqaid theory idiosyncratic and their impact on different jurists, 1994, pp. 187-212.

([12]) Different jurists Tabari, p 124, and jurisprudential laws to'm جزي, pp. 211, Neil Awtaar of شوكاني 5/191, and approvals 4/112.

([13]) Wael Hallaq: Islamic jurisprudential theories (English), 1997, pp. 223-246.

([14]) Mustafa Said الخن: The impact of the difference in rules fundamentalism in different jurists, 1985, pp. 314-316.

([15]) Shafei: Message, achieve: Ahmed Shaker, 1940, pp. 560-561.

([16]) Surat evidence: 4.

([17]) Sura: 105.

([18]) Mohammed Rockies: Theory of jurisprudence Altqaid, op cit, pp. 215- 219.

([19]) Ibn Hazm: Clinch the assets of the provisions, 5/840-846.

([20]) Mohammed bin Hassan الحجوي: High thought in Islamic jurisprudence. Took care of him Ayman Saleh Shaaban, Scientific Library, Beirut 1995, 4/504.

([21]) Surah: 49

([22]) Shaatibi: Approvals 4/90.

([23]) Sura: 228.

([24]) Waliullah Dahlawi: Equity in the statement of reasons for the difference, reviewed by and commented upon: Abdel Fattah Abugdh. Valuables House, 1978, pp. 21-23. The son of Mr. Batliusa: Alarm on the reasons for the difference, pp. 32-33. Compare duck Jabir al-Alwani: Literature difference in Islam, the International Institute of Islamic Thought, 1987, pp. 105-110. And wants to Dr. Jamal Eddine Attia (In idiosyncratic endoscopy, pp. 146-150) The books inflicted difference wrote graduation branches on assets (The most famous books Zanjani, الدبوسي and Alasnue) I see that they vary. Some of which are entered in the books of the normal variation (الدبوسي example), Including with regard to the mechanisms, and the relationship between truth and rules of evidence, which do not fall within the different issues we are dealing with here.

([25]) Abdullah bin Abdul Mohsin Al-Turki: Reasons different jurists, founder of the message, Beirut, 1998, pp. 108-115.

([26]) Turkish: The reasons for the different scholars, op cit, pp. 109-116, and Alwani: Literature difference, p 110- 114.

([27]) Alwani, op cit, pp. 110-112, and Turkish, op cit, pp. 116-119.

([28]) Mohamed Kamal El Din Imam: Theory of jurisprudence in Islam (Entrance systematic), University Corporation, Beirut, 1998, pp. 258-259.

([29]) Dahlawi, p 215.

([30]) Turkish: The reasons for the different scholars, op cit, pp. 265-266.

 

*Evolution science symposium in Amman during the fifth century AH “Authoring polymath and comparative jurisprudence”

Set up by the Ministry of Awqaf and Religious Affairs in Muscat

Daily 25- 27 Muharram 1426 / 6- 8 March 2005

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