Basic criticisms of Imam Muhammad to Imam Malik in al-Hujat ealaa 'Ahl al-Madina in the context legal evidence's

Imam Muhammad, who has a very important place as the codifier and narrator of the Hanafi sect and is considered one of the leading jurists of the 2nd century H., wrote the book in order to show at least the conflicts between the Kufa school, known as the people of ray, and the people of Hejaz, known as the people of hadith. This work is considered one of the first examples of comparative fiqh. In this work, which he named el-Hucce 'alâ Ehli'l-Medine, he wrote about Malik b., one of the leading scholars of the period and the founding imam of the Maliki sect, whom he accepted as the representative of the people of Medina. It contains the criticisms he directed to his interlocutors on controversial issues as a result of the scientific debates he had with Enes. These criticisms are the reason the study was written. This study, which we have given the title "Basic Criticisms of Imam Muhammad to Imam Malik in al-Hujat Ealaa 'ahl al-Madina in the Context Legal Evidence's", consists of an introduction, three chapters and a conclusion. In the introduction, the importance of the subject; The aims and limits of the thesis, the sources used in the thesis, the method of handling and conveying the subjects, and general information about the literature are included. In the first part; Briefly, the biographies of Imam Muhammad al-Shaybani and Imam Malik, the leading scholars of their century, whose criticisms we tried to analyze in the context of their work, their ijtihad procedures and methods, their positions in the sect, and their knowledge of teachers and students were touched upon. In addition, the concepts of Ahl-i Medina and Amel-i Ahl-i Medina, which are so important that they can be included in the name of the work, are mentioned in this section. The subjects covered in the work are based on classical classification as worship, transaction law, family law, criminal and religious law. In this state, it is impossible to adhere to the consistency, arrangement and order of the subjects; Moreover, considering Shaybani's tendency to prove his criticisms through religious grounds, we deemed it appropriate to classify and present these criticisms within the framework of evidence. In this respect, we devoted the second part of the study to the criticisms made within the framework of the primary evidence of the Qur'an, Sunnah, Ijma' and Qiyas. In the third chapter, we tried to examine and examine the criticisms leveled around other evidence such as custom, sedd-i zerîa, istihsan, maslahat and companions' opinion, which are considered as secondary evidence of Islamic Law. We concluded our study by briefly stating the evaluations we obtained from all these considerations in the conclusion section. Keywords: Imam Muhammad, al-Shaybanı, al-Hujat ealaa 'Ahl al-Madina, Imam Malik, Criticisms