علم الفروق الفقهية وتطبيقه في مسائل الطهارة من كتاب "الذخيرة" للقرافي : دراسة تأصيلية تحليلية

Abstract

This research is an attempt to link two great Islamic sciences that are important in Muslims’ life. The science of jurisprudence (fiqh), because it accompanies Muslims in every minute of their daily life; and the science of the principles of Islamic jurisprudence (Usul al-fiqh), as it is the supportive and correcting approach to the science of jurisprudence. The research looked at these two sciences through the lens of an ancient sub-science that has been revived recently and begun to gain researchers’ attention, which is the science of jurisprudence differences (al-furuq al-fiqhiiyah). This research focuses on studying the book "Al-dhakhirah" by Imam Al-Qarafi. It explains his methodology in considering jurisprudential differences, standards, and parameters, to reveal in detail, the differences between similar issues, which leads to the difference in judgments, and, thus, prevents confusion between them. It is important for the jurist, mufti, and fatwa-receiver. The research combines theoretical and applied literature by studying a book from the Maliki juristic heritage that was carefully selected to highlight the book and the author's merit and contribution to the development of the science of jurisprudence differences. The research sought to answer several questions, the most important of which are: What are the juristic differences extracted from the "Purification" chapter in "Al-dhakhirah" book? What are the criteria and parameters considered by Imam Al-Qarafi in choosing the juristic difference? The results of the study demonstrate Al-Qarafi’s approach in the science of jurisprudence differences and extract the conditions and parameters that he adopted in choosing his differences and linking the science of jurisprudence with the real life of Muslims by reviewing some issues related to the studied differences. The researcher adopted the inductive and analytical approach to study similar doctrinal issues and infer the differences between them; then, she analyzed its related outcomes. This is to evaluate the differences and to know their strengths and weaknesses. This research contributes to linking the science of Fiqh with the science Usul al-fiqh and to digging for treasures in Islamic heritage to extract their pearls and use them in real life.