الخلاف الأصولي بين الإمامين الرازي و أبي الحسين البصري في باب الحكم و أثره الفقهي

الملخص EN

This article aims to highlight the Usuli disagreement related to ruling between Imam Fakhr al-Dīn Al-Rāzī and Abu Al-Husain Al-Baṣrī.

The problem of this study lies in the fact that many researchers believe that Fakhr al-Din Al-Razi is a Muqalid (imitator) of Abu Al-Husain Al-Basri in Usul Alfiqh, and in jurisprudence and approach.

The study employs the inductive approach by reviewing both Almu’tamad and Almahsul books.

The study concludes that the Usuli disagreement between the two Imams has left a jurisprudential impact; the two Imams have different presentation methods of the Usuli issues.

The researchers also used a comparative method where they compared the Usuli views to each other.

They also differ in the examination of the opinions and their argumentation.

The issues on which the two Imams disagreed are limited to three matters only: Altahsin wa al-taqbih Al‘aqliyyan (the discernment of good and bad among rational minds without recourse to revelation), thanking the Mun’im, Allah, and the ruling of Alaf’al al ikhtiyariyyah (optional deeds) before the Prophethood.