The Hanafi-Shafi'i divergence in legal methodology (uṣūl) in the 5th Hijri century: A case study of al-Saymari and al-Shirazi

In this study, the uṣūl conceptions of Saymerī, a Ḥanafī jurist of the fifth Islamic century, and Shīrāzī, a Shāfiʿī jurist of the same period, are examined comparatively. The research focuses on identifying the causes of the uṣūl-related disagreements between the two authors. Scholars of the legal schools composed works in the genre of khilāf in order to substantiate the validity of their own views, and these works offer significant insights into the methodological points of divergence. It is observed that a disagreement concerning a single uṣūl principle may affect the rulings of dozens of issues in furūʿ al-fiqh. In this regard, it has been understood that an ʿumūm–khuṣūṣ (general–particular) type of relationship exists between disagreement and methodological divergence. Not every disagreement necessarily leads to a methodological separation; however, every methodological separation has resulted in profound disagreements. The issues that are subjects of disagreement in the science of uṣūl have been examined in detail, and the motives leading to methodological divergence have been investigated. In this framework, Shīrāzī's uṣūl-based views were identified by consulting his numerous works authored in both the fields of uṣūl and furūʿ. As for Saymerī, his views were determined through his only known work in this field, Masāʾil al-Khilāf fī Uṣūl al-Fiqh. In addition to the works of both authors, the views of other uṣūl scholars of the fifth Islamic century have also been taken into account. This study is composed of three main sections. The first section deals with the lives of Saymerī and Shīrāzī and provides information about the works attributed to them, while also briefly addressing the intellectual and political context of their period. The second section examines the theories of ʿumūm–khuṣūṣ, amr–nahy, muṭlaq–muqayyad, polysemous expressions, as well as the theories of clarification (bayān) and abrogation (naskh)—topics under the chapter of alfāẓ where uṣūl-related disagreements are most intense. The third section discusses the subjects of the Qurʾān, Sunnah, consensus (ijmāʿ), analogical reasoning (qiyās), and ijtihād.