الجدل الفقهي في الأندلس (ق 4ه - 6ه 10م-12م)‎ : بين بساطة مسائله و تجديد وسائله

الملخص EN

From the fourth hijri century to the sixth hijri century, andalus witnessed the phenomenon of jurisprudential controversy, which went through two different periods whence the nature of juristic issues exposed for controversy, and the tools used in them.

The first period was limited into secondary simple jurisprudential controversial issues, such as: the worships and the treatments; however the second period has known a unique leap, and this is after the circle of controversy expanded its topics and tools from secondary issues into fundamental ones with diverse tools as otophone and logic; so that all fundamentals of Islamic jurisprudence except for Quran and hadith open for debate and analysis such as the issue of measurement and the work of people of el medina.

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etcKey words: jurisprudential controversy, origins, branches, ibn hazm, logic, otophone.

Jurisprudential controversy has opened the door for jurisprudential progress and vision as well as for the renewal of its tools.

Controversy was behind the richness of jurisprudential schools, it also spare the nation the phenomenon of petrification, hereby, the jurisprudential endeavor moved from a controversy in secondary issues to other issues, which touched peoples' lives, and opened paths for jurisprudentia endeavor.

Controversy as an Andalusian phenomenon over (the 5th and 11th hijri) gained a big importance for it contributed in providing answers for jurisprudential issues, which were the center of a hot debate before in the East and the West.