نقل آراء العلماء بين الصحة و الغلط : دراسة تطبيقية على الآراء الأصولية لأبي الحسن الكرخي الواردة في مختصر ابن الحاجب

الملخص EN

This paper attempts to examine how authentic the ūṣūlī opinions attributed to Imam Al-Kharkhi as reported in Ibn Al-Ḥājib’s Mukhtaṣar (i.e.

The Abridgement) are.

To this end, it will draw comparison between Imam Al-Karkhi’s opinions and those recorded in the books of the Ḥanafites on Uṣūl Al-Fiqh (i.e.

Islamic Legal Theory), with the aim of arriving at the conclusion whether these opinions are compatible/incompatible with the uṣūli opinions attributed to Imam Al-Karkhi in Ibn Al-Ḥājib’s Mukhtaṣar along with its original, unabridged book, that is, Al-Iḥkām Fī Uṣūl Al-A’ḥkām (i.e.

Accuracy in the Main Principles of Rulings).

The research has arrived at the conclusion that all the uṣūli opinions attributed to Imam Al-Karkhi and that are recorded in Ibn Al-Ḥājib’s Mukhtaṣar are mentioned in the books of the Ḥanafites on Islamic Legal Theory and that all these opinions are compatible with what is agreed upon by the majority, if not, all the scholars of the Ḥanafite School of Law, with the exception of one issue, namely:- observing the obligation in the beginning of the extended time as he recorded a narration that is unapproved by the scholars of this School of Law.

Besides, the Ḥanafites have disagreed only upon four opinions attributed to Al- Karkhi and that are recorded in Ibn Al-Ḥājib’s Mukhtaṣar, namely:- observing the obligation in the beginning of the extended time; shall clear expression be as strong as the cleared when it comes to the permissibility and impermissibility of objects?, giving preference by virtue of the large number of narrators, etc.

The research also reached the conclusion that all the uṣūli opinions reported by Ibn Al-Ḥājib in his Mukhtaṣar on the authority of Al-Karkhi are mentioned and recorded by Imam Al-Āmidi in his Al-Iḥkām and that their opinions are totally identical to each other.