Identification and examination of the conflicts between the Maliki and Hanefi sects in the work called Bidayetü'l-müctehit

In this study, in the Kitabu'n-nikâh section of the work named "Bidâyetü'l-müctehîd ve nihâhetü'l-muktesîd", which is an inter-sectarian comparative fiqh book of the Islamic philosopher and Maliki jurist Ibn Rushd (d. 595/1198), Maliki and Hanafi The conflicts between sects were identified and examined. Identifying these disputes; It is important to see whether the views that the author claims to be controversial between the two sects in his work actually belong to those sects or whether that issue is a controversial issue between the two sects. It is also important to examine how the mujtahids of the sect used the primary and secondary sources of Islamic law when approaching fiqh issues and their unique procedures and methods. In addition, it is important to give the opinion of the sect with which fatwa is given today, together with its reasons, on important issues, in terms of today's current fiqh problems. Our study consists of an introduction and two parts. In the introduction section, the subject, importance, purpose and limitations of the research are mentioned. In the first part of our study; Disputes before the marriage contract, such as the religious responsibility of the marriage contract, the pillars on which the contract is based, guardians, witnesses and marriage obstacles in the marriage contract, were identified and examined with their reasons in the sources of the Maliki and Hanafi sects. In the second part; Disputes after the marriage contract, such as the reasons for the annulment (annulment) of the marriage contract, marriage rights and prohibited marriages, were identified and discussed with their reasons in the sources of both sects.