المسائل الأصولية المختلف فيها بين الإمامين أبي الحسين البصري و الفخر الرازي في باب العموم و الخصوص من بيان أثرها

الملخص EN

This article aims to shed light on the foundational disagreement related to the chapter “Alomoum wa alkhusous” between Fakhr Al-Dīn Al-Rāzī and Abu Al-Husayn Al-Baṣrī.

The problem of this study lies in the fact that many researchers believe that Fakhr Al-Dīn Al-Rāzī is a Muqalid (imitator) of Abu Al-Husayn Al-Basri in Usul Alfiqh, imitating him in jurisprudence and methodology.

The study employs the inductive approach by reviewing both Almahsul and Almu’tamad books, and the comparative approach comparing Usuli views.

The study concludes that the Usuli disagreement between the two Imams has left a jurisprudential mark.

It also proves that they have a different presentation method of the Usuli issues, and that they differ in the examination of the opinions and argumentation.

Finally, the matters on which the two Imams disagreed are limited to three only: the exception that follows the sentences, Takhsis (making the general specific) using the opinion of the narrator, and Takhsis by the custom and people’s habit and convention.