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التوافق الفقهي بين الإمام الشافعي والإمام أبي يوسف (دراسة فقهية مقارنة)

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2023
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Advisor: Dr. Öğr. Üyesi Hanan Akoo

Abstract (EN)

This thesis aimed at studying the jurisprudential agreement between Imam Abu Yusuf (d. 182 AH) and Imam Al-Shafi'i (d. 204 AH); To know the issues on which they agreed, and to explain that jurisprudential agreement does not require the unification of the approach in deriving rulings, and considering the evidence, and that the jurisprudential dispute between the imams is based on evidence and devoid of fanaticism and self-defense, Despite the fact that the two imams are from two different schools of jurisprudence: namely hadith and opinion, and the disagreement between these two schools is well-known, they agreed on a number of jurisprudential issues, and the study sought to extract and study them. To achieve this goal: the historical descriptive approach was followed when studying the biographical and scientific biographies of the two imams, and the comparative descriptive approach when studying the issues agreed upon, and the scholars who agreed with the two imams, then the most correct opinion was mentioned, The findings of the study are the following: That many of the issues on which the jurists agreed despite the difference in their schools and approaches, is due to their commitment to the principles of the general Sharia, and this explains the agreement of the two imams Abu Yusuf and Al-Shafi'i despite the fact that they are from two different schools. And that most of the issues on which the two imams agreed were based on taking into account the most general precaution, and the easiest and lightest for people, and what is in agreement with the spirit of the law and the era, such as: The permissibility of a woman giving her husband from the zakat of her money, and the permissibility of pregnant and breastfeeding women to make up for fasting without expiation, whatever the reason for breaking the fast, The approach of the two imams in most of the fatwas was distinguished by pursuing the public interest, legislative wisdom, and the general purposes of the Sharia, and their reliance on peremptory and general legal evidence, which added to their jurisprudence richness and diversity, and two personalities of judgment that had a great impact on the Hanafi and Shafi'i jurisprudence. Keywords: Jurisprudence. Abu Youssuf. Shafi'i. Jurisprudential Agreement. Comparison.

Author

Bılal Khamees Abbas Abbas

How to Cite

Bılal Khamees Abbas Abbas (Master Thesis). التوافق الفقهي بين الإمام الشافعي والإمام أبي يوسف (دراسة فقهية مقارنة), 2023, Çankırı Karatekin Üniversitesi.

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