منهج تعليل الخلاف في باب الطلاق عند القاضي عياض

الملخص EN

The objective of this paper is to discover Cadi Ayyad’s methodology in treating disagreement issues among diligent Muslim Scholars (scholars who are able to deduce judgments from holy texts) when inquiring causes behind judgments.

The researcher confines himself to divorce issues in Ayyad’s book: “Deduced Remarks on Jumbled Written Books”.

The researcher focuses on showing principles he mentioned as being the origin of disagreement among ‘diligent Muslim Scholars’ in jurisprudential issues whether they are related to Imam Malik students or other precedent Maliki scholars.

To achieve the purpose, the inductive method is used in gathering jurisprudential issues related to the subject and organizing them according to the topics belonging to divorce theme.

As for eliciting applied jurisprudential issues from Maliki books, deductive method is used.

Then the descriptive method is used when conceptualizing and analyzing the issues, as well as when deducing Cadi Ayyad method in justifying disagreement through these issues.

The research concludes that justification is a main part of Cadi Ayyad’s methodology as he relies on it a lot and thanks to his ability to deduce causes.

The research also concludes that Cadi Ayyad was scientifically honest in comparing opinions and narrations, and that he was objective when authenticating and criticizing them.