A study on Abu al-Lays al-Samarqandi and his Mukhtelifu'r-Rivaye

With the birth of the Islam in 7th century in Arabic peninsula, the İslamic law has obtained a qualification as a private science along three century. Different schools of law and thought have taken place. The Islamic lawyers who were members of this schools, have followed different ways about the place of the pastoral arguments in the hierarchy of source and taking out the rules from this arguments. At the time of the birth and development of Islamic sciences, the controversies of Islamic lawyers were given place only when the legal problems were mentioned about. Later, these controversies and differents were given place in the private works. Abu al-Lays al-Samarqandî?s book of al-Mukhtelifu?r-rivaye, the main point of this thesis, is being in this literature. In this work, the contrary opinions between the leaders of schools which were disorganized in the Hanafî literature were taken up in order. The head of classical law texts are based on. However in the each subject heading; the Islamic lawyers, fallen into disagreement with each other, were categorized.Besides the opinions of Malik who was founder of the school of Malikî and Shafi?i ?founder of the school of Shafi?î,from the Hanafî leaders the opinions of Abu Hanîfa, Abu Yusuf, the Imam Muhammad and Zufar were taken place in this work.In the controversy matters, after the each side?s ideas were mentioned about, the arguments of the opinions were given and to be defended the opinion of preferable arguments in question were answered.There were a lot of reason for the controversies of Islamic lawyers,which were the area of ijtihad at the same time.The author collected such a diffuse and complicated topic like controversies and to follow a simple and fluent way he provided to understand the questions easily. This book which was one of the first and the leading books of the controversy literature has various copies in the libraries of all over the world. However,this work was referenced in a number of book. All of this was pointed out that the book named al-Mukhtelifu?r-rivaye is so precious in the fıqh and controversy literature.