مجلة كلية الشريعة والدراسات الإسلامية (Jun 2021)
Reasons for the disagreements in the Maliki school of thought using ʿAqd al-Jawāhir al-Thamīna for Ibn Shas
Abstract
Purpose: This research aims to explore the scientific reasons for the differences between scholars in the Maliki school of thought and the effect of such differences on their research. The usual method for such investigations is to examine the reasons for the differences between various doctrines and to describe the benefits of each of the various readings of the same doctrine that stem from the different views of the elaborators. In all such efforts, it is important to be objective in order to reach the right conclusion. Methodology: I conducted searches using two methodologies: induction, whereby I followed the jurisprudence branches and the views of Maliki doctrine scholars, including the book “precious Jewels” from Ben Shas, from the start of the Immaculate Book until the end of the Haj Book. Additionally, I used deduction, whereby I investigated the various branches of thought and the reasons for their differences regarding the main subjects in the Islamic sciences. Findings: There are numerous reasons for the differences within the Maliki school of thought, including differences between the principles and rules of jurisprudence and in linguistic connotations. A single word may have more than one connotation within Arabic. Originality: This article is the first scholarly research dealing with the scientific reasons for differences among Maliki doctrine scholars and the impact these differences have on jurisprudence provisions.
