"Usul al-Khilaf (Principles of Disagreement) between Ibn Ashur, 1393 AH, and Al-Qarafi, 648 AH.

Abstract

The title of this research topic is: "Usul al-Khilaf (Principles of Disagreement) between Ibn Ashur, who passed away in 1393 AH, and Al-Qarafi, who passed away in 648 AH. This study explores the controversial discussions that Imam Ibn Ashur addressed towards Imam Al-Qarafi, based on his book: 'At-Tawdih wa-Tatthir li-Mashakil Sharh Tanqih al-Fusul fi Usul al-Fiqh' (Clarification and Rectification of Issues in the Explanation of Chapters on the Principles of Fiqh)." The science of Usul al-Khilaf (Principles of Disagreement) is considered an important field that has received attention, care, and extensive research over several centuries. From the studies of Usul al-Fiqh (Principles of Islamic Jurisprudence), the science of Usul al-Khilaf emerged, where scholars review the works of others with the aim of completing deficiencies, correcting errors, summarizing, or explaining. Among these disagreements, Imam At-Tahir ibn Ashur engaged in a scholarly debate with Imam Al-Qarafi in his book "At-Tawdih wa-Tatthir li-Mashakil Sharh Tanqih al-Fusul fi Usul al-Fiqh" (Clarification and Rectification of Issues in the Explanation of Chapters on the Principles of Fiqh). The problem with these disagreements is that they have not been thoroughly researched or studied by anyone until now. Therefore, the researcher followed an inductive-analytical approach, citing the text of Al-Qarafi followed by the text of Ibn Ashur. The researcher then clarified the issue and presented the opinions of the scholars on it. A preference was given to one opinion over another based on the evidence supporting that opinion. The most important findings of this study indicate that the disagreements between Ibn Ashur and Al-Qarafi were matters of personal interpretation. Ibn Ashur relied on the works of some scholars, in addition to the Quran and Sunnah, to support these disagreements. The ruling of Usul al-Khilaf (Principles of Disagreement) is considered a communal obligation (fard kifayah), which means it must be fulfilled if no one else has done so. It is necessary to address these disagreements in a manner that clarifies Al-Qarafi's intentions in his statements, so as not to misunderstand the Imam's intent. Ibn Ashur used excerpts from Al-Qarafi's text and provided commentary on them. However, this approach sometimes led to skipping chapters without commentary. Ibn Ashur employed elegant and admirable methods in his revisions of Al-Qarafi's work. The researcher attempted to determine what appeared to be the most preferable opinion based on the available evidence, relying on the principles of preference in Islamic jurisprudence and its principles, language, philosophy, and logic.

Key Words: Disagreement, Principles, Ibn Ashur, Al-Qarafi. Chapter of the Punisment