حديث أبي هريرة رضي الله عنه: أن رجلين اختصما في متاع... دراسة حديثية فقهية د. محمد بن حافظ الحكمي

ABSTRACT This research aims to conduct an in-depth Hadith and jurisprudential (Fiqh) study of the Hadith of Abu Hurairah (may Allah be pleased with him) regarding casting lots for the oath (Al-Istiham 'ala Al-Yamin). The objective is to determine its authenticity, contextualize its narrations, and elucidate its judicial jurisprudence concerning lawsuits and conflicting evidence (Bayyinat). The research adopts an inductive approach by tracing the routes of transmission and wordings of the Hadith from reliable Sunnah sources. It also employs an analytical approach to examine the chains of narrators (Asanid), compare and reconcile the narrations, and extract judicial rulings in accordance with the principles of Islamic jurisprudence (Usul) and comparative Fiqh. The study is structured into an introduction and two main sections. The first section addresses the Hadith aspect, encompassing the attribution and study of the chains of narrators, the contextualization of the wordings, the presentation of the Hadith critics' views, and the reconciliation between this Hadith and that of Abu Musa Al-Ash'ari. The second section examines the jurisprudential aspect by explaining unfamiliar vocabulary, establishing the legality of casting lots (Qur'ah) in the judiciary as a means of proof, and detailing the cases of disputing litigants, the use of lots to prioritize them, and the directing of the oath. The research ends with a conclusion comprising a summary of findings and recommendations. The study concludes that the Hadith is authentic and established through two corroborating routes, and that it can be reconciled with the Hadith of Abu Musa Al-Ash'ari in a manner that dispels any perceived contradiction. Furthermore, it affirms the legality of casting lots as a recognized judicial resolution method and a legitimate means of proof in cases of absolute equality and the absence of determining factors or evidence. Keywords: Judiciary, Lawsuits, Evidence, Conflicting Evidence, Casting Lots (Istiham), Drawing Lots (Qur'ah)..

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