التعامل مع الخلافات المذهبية : قراءة في كتاب الموافقات للإمام الشاطبي نموذجا

الملخص EN

To have differences between Muslims scholars in the past and nowadays is something that it should be explained as a positive sign which its shadow is seen in the Islamic Jurisprudence.

Such difference is a proof of the flexibility and the wide scope of Jurisprudence.

And it shows the rank that the organized mind has in Jurisprudence through its main role in understanding the text, findings and judgments, and presenting cases which have no proved text with judgments.

But such positive difference or argument has an end if there was and exceeding without providing proofs.

Muslims scholars did their best to have such difference remains in its positive area.

One of these scholars is Imam Al-Shabti (790) who tried to draw aroad plan or to design some procedures that could be applied among juristic doctrines by raising some substitute rules or by amending others, or by mentioning others that have existed before.

He tried to get out some rules from the jurisprudence origins science.

Some of these procedures are: -Trying to establish fundamental rules.

-Noticing the language of the legitimate discourse and the learner's level.

-Getting red of unusuful rules in the jurisprudence origin science.

-Designing some Criteria to be used in accepting or refusing the juristic opinion.

This study will deal with Imam Al-Shabti's efforts through finding what was written in his famous book "Al-Mowafaq at fi Osool Al-Sharia" (Agreements in the Fundamentals of Al-Sharia).