أسباب اختلاف الأصوليين الصميري والإسنوي في بابي الإجماع والاجتهاد أنموذجاً

This thesis deals with the difference of the fundamentalists Imam al-Qadi al- Saymari (b. 436 AH) and Imam Jamal al-Din al-Isnawi al-Shafi'i (b. 772 AH) in their books "The Dispute in Matters of Usul al-Fiqh" and "The End of the Soul Sharh Minhaj al-Wasl" in the chapters of consensus and ijtihad as a model for study and research. The importance of the study comes from the value of these two books in the science of jurisprudence, and the majesty of their authors, their imamate and their progress in this art. Also, the research reveals the truth of the motivations that led to the difference of fundamentalists in general, and the difference of the two imams in particular, which affects the jurisprudential topics in which the dispute was based on the opinion of the mujtahid in the assets and the disagreement in those fundamentalist issues. The researcher in the study took the "inductive" approach by tracking the fundamentalist sayings of the two Imams Al-Saymari and Jamal Al-Din Al-Isnawi and the statement of the fundamentalist disagreement between them, and the analytical approach through the statement of the evidence adopted by the two Imams, then the evidence of the fundamentalist doctrines and the statement of the validity of these evidences from their infirmity, and the statement of the significance of them, and the study also followed the critical approach by indicating the weakness of some evidence and its unsuitability to protest, because it is likely or not taken for granted. The comparative approach was also used when explaining the doctrines of the fundamentalists in the chapters of consensus and ijtihad, and the doctrine of Al- Saymari and Al-Isnawi in this and the comparison between these two schools on one side, and between them and the doctrine of the public on the other side. Among the most prominent findings of the study: narrowing the owners of the Hanafi school, including Al-Saymari circle of protest hadith Sundays, and their reliance on inference on the measurement more, in the event that he does not agree with the conditions they set to accept the hadith and take it, while the school of speakers - including Al-Isnawi - is based on abstract consideration of the overall evidence to extract the rules of fundamentalism without being bound by a particular opinion or doctrine, and despite the disagreement that has arisen between Al-Saymari and Al- Asnawi in the chapters of consensus and ijtihad, this did not prevent them from agreeing on Sometimes the same ruling, although the methods of proof are different. Keywords: Fiqh, Al-Saymari, Al-Isnwi, Al-Ijtihad, Al-Ijmaa.