Al-Ezz Diligence in The ‎Natural Increases for Commutative and Gifts, Which He Did Not Follow the Imam Shafi'i Through the Book "Rules of Judgments": A Comparative Study

Abstract

Imam al-Ezz although he was Shafi'i, and ended the presidency of the doctrine Shafi'i, but he did not adhere to the Shafi'i doctrine. He had diligence. This is reflected in his book, "The Rules of Judgments in the Reform of the People".  The aim of the research is to present the differences between the two imams in the ruling on the reversion of the related increases in all the chapters of jurisprudence. With the study of the inference of Imam Al-Ezz and his answer to the inference of Imam Shafi'i. The researcher traces the inductive, deductive and comparative approaches. The most important results was that Imam Ezz considered every increases must be for the owner, and does not reversion with the original in all matters of jurisprudence. The reason: pursuing interests because the owner spent for this increase, while Imam al-Shafi'i considered the reversion of the increases in all matters of jurisprudence except only dowry. The reason: dependency of the increases to the original and Inability to be separated.