Dr. Ibrahim Ghoneim Al-Hees^1*, Bilal Bin Saleh Hawsawi^2
1Assistant Professor, Department of Fiqh and Its Fundamentals, College of Sharia, Kuwait University, Kuwait
²Independent Researcher, Taif, Saudi Arabia
Issue: 98 | Pages: 247-260 | September 2024 |https://doi.org/10.54940/si67824984|PDF
Received: 26/9/2023 | Revised:15/11/2023 | Accepted:27/12/2023
*Corresponding Author:[email protected]

Abstract
This research deals with the collection of issues on which Al-Fattuhi in “Mukhtasar At-Tahrir” and its explanation disagreed with Al-Mardawi in “At-Tahrir” and its explanation. I studied these issues to verify Al-Fattuhi’s additions and his fundamental Ijtihads (legal reasoning and discretion) in examining and rendering accurate the Madhhab. In this study, I adopted the inductive, descriptive, and analytical approach, so I collected (with semi-complete induction) all the fundamental issues on which they disagreed. Then, I described these issues, explained their views regarding them, elucidated the point of disagreement between them, and mentioned as much as possible the Hanablaite scholars who agreed with them in this regard. I concluded some findings, the most notable of which are the following: First: By studying all these issues, it has appeared that Al-Fattuhi disagreed with Al-Mardawi. However, the type of this disagree-ment differs, as he may disagree with him either explicitly or implicitly, and he may not agree or disagree with him, but he makes the disagreement without giving preponderance. Second: There are some issues that appear to be a disagreement between Al-Fattuhi and Al-Mardawi. However, after detailed research, it became clear to us that he did not intend to disagree, but rather to agree. Also, there are some issues on which the opinions of Al-Mardawi and Al-Fattuhi differed between their “Mukhtasar” and their explanation. Among the most important recommendations of this research is to examine the impact of this fundamental disagreement between these two Imams on the fundamental structure, and on the rules and Fiqh-based branches in the Hanbalite school.

Keywords
Fundamentals of the Hanbalite Fiqh, Al-Fattuhi, Al-Mardawi, Disagreement of Al-Fattuhi with Al-Mardawi, Mukhtasar At-Tahrir.

How to Cite
Al-Hees, I., & Hawsawi, B. (2024), The Issues on Which Al-Fattuhi in “Mukhtasar At-Tahrir” and Its Explanation Disagreed with Al-Mardawi in “At-Tahrir” and Its Explanation (Analytical Inductive Study),Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies,Issue. 98. pp.247 -260.https://doi.org/10.54940/si67824984

License
1658-8738/© 2024by the Authors. Published byJ. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud.This is an open-access article distributed under the terms and conditions of thehttps://creativecommons.org/licenses/by-nc/4.0/