The Foundational Differences in Legal Rulings between the Majority of Scholars and the Hanafis and their Impact on Jurisprudential Branches 10.35781/1637-000-122-001

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السومحي، عائشة علي بايمين

Abstract

Praise be to Allah, the Guardian of the righteous, and peace and blessings be upon the leader of the messengers, our Prophet Muhammad, and upon his family and companions. This research addresses one of the most important disciplines related to the science of *Usul al-Fiqh* (Principles of Islamic Jurisprudence) , which is the science of *al-Furuq al-Usuliyyah* (Fundamental Differences). It clarifies the differences in rulings (*ahkam*) between the majority of scholars (*al-Jumhur*) and the Hanafis, and highlights the impact of these differences on jurisprudential branches (*furu’ al-fiqhiyyah*). It is well known that issues of rulings contain numerous differences between the majority and the Hanafis, which have a clear impact on jurisprudential branches. The research aims to elucidate the science of *al-Furuq al-Usuliyyah*, identify the fundamental differences in rulings between the majority and the Hanafis, and demonstrate their impact on jurisprudential branches. The research adopts an inductive and descriptive methodology. The inductive approach involves tracing fundamental issues in the discussions of rulings where fundamental differences exist, followed by examining the jurisprudential branches derived from those principles. The descriptive approach involves clarifying the fundamental differences in rulings and explaining the disagreements among the scholars of *Usul*. The research consists of an introduction, which includes the importance of the topic, reasons for its selection, research objectives, methodology, research problem, the approach followed in writing the research, previous studies, and the research plan. The plan is divided into two main sections with their respective subsections, followed by a conclusion containing the research findings and recommendations. Among the most important findings are: 1. *Al-Furuq al-Usuliyyah* is a branch of *Usul al-Fiqh*, which deals with the differences between two seemingly similar principles or terminologies that differ in some of their rulings. 2. *Al-Furuq al-Usuliyyah* has not received much attention in studies aimed at presenting it to researchers, and its issues are scattered throughout the discussions of *Usul al-Fiqh*. 3. The majority and the Hanafis differ in several issues of Islamic legal rulings.

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