الاختلاف في طرق حكاية المذهب فقه العبادات عند الحنابلة أنموذجا : دراسة تأصيلية تحليلية

Abstract

This study was an attempt to shed light on the phenomenon of diversity among scholars of the same madhhab (school of jurisprudential thought) in their narrations in terms of the existence of disagreement in the doctrine or its non-existence. If found, they may differ in their subject or in the way the statements are narrated. The researcher explained the reality of this phenomenon, its forms, and the benefit of scrutinizing this type of difference. The researcher found the most important reasons for the phenomenon, and then followed an applied study of the branches of Fiqh in which there is discrepancy in the methods of narrating the school of thought in the Hanbali Madhhab with regard to the Fiqh of Worships. The researcher then analyzed the methods of the madhhab in these matters, and explained the reason why the Hanbalis differed in the way of narrating their views in every issue. In efforts to address this subject, the researcher employed a set of scientific methodologies. Through inductive approach, the researcher followed up a wide range of matters relating to the methods of narration in the different madhhabs in order to know the different forms of narrations among Fiqh scholars and the reasons necessitating this discrepancy among them. Through inductive approach, the researcher also followed up the issues that fall within the scope of the research, namely issues in the Fiqh of Worships which are narrated in different ways in the Hanbali Madhhab. Through the analytical approach, the researcher studied the ways in which the issues within the scope of the research are discussed. Their conclusions are presented and discussed in order to find the most correct methods narrating these matters in the madhhab. The study concluded with a series of results, the most important of which are: Methods are the ways of narration of scholars in the madhhab. It contributes to the examination of madhhab as well as contribute to the revision of disagreement and consensus among scholars of Fiqh. The researcher also found that this phenomenon has several causes, the most important of which are: mistakes in the transmission from the madhhab’s founder, the discrepancy in the interpretation or explanation of the founder’s statement, the different approaches of scholars of the Madhhab in dealing with different narratives of the founder, and their differences in transmission and screening due to variation in the narrations that came from the founder with regard to matters of similarities. In the course of studying the branches of Fiqh which fall within the scope of research, the researcher found the authentic methods of narration in the Hanbali Madhhab. In conclusion, the researcher suggested a number of recommendations which include: Enriching the Fiqh library with studies on the scrupulous screening of contemporary issues based on different Madhhabs, and this should be done in accordance with the rulings of madhhab, not according to the scholar’s analogy and jurisprudential opinions. This would enable us to maintain the continuity of these madhabs in their tackling of contemporary issues, and provide researchers with knowledge of the rulings governing such contemporary issues based on the rulings and principles of the madhhab.