ترجيحات الإمام البيهقي في كتابه «الخلافيات» باب في الجناية متعلقة بالقسامة و كفارة القتل و السحر : دراسة فقهية مقارنة

Abstract EN

The subject of my thesis is about the issues in Al-fiqh which is considered to be one of the most important matters that affect the individual in particular and the society in general; It is related to general societal security، n this thesis I addressed the study issues from the controversies book between the Imams al-Shafi'i and Abu Hanifa of the author Al- Bayhaqi, may Allah have merey upon all of them, Specialized in swearing, what must be done by the deliberate murder, and magic, And its number is three issues.

Through that, we will try to study each issue separately, indicating the sayings of the scholars in it, their evidence and the points of significance in it, then weighting according to what we chose from the method of presenting the issue, giving Imam al-Bayhaqi the preponderance of special importance by mentioning him in the first school of thought, and who agreed with them from the rest of the schools, then we mention the rest in order.

As for the order of the thesis: the introduction, then the presentation of the issues, then the conclusion, then the sources.

This I have made the most effort to come out of this research in a coordinated order without a boring lengthening or negligent shortening, while adhering to the rules of writing and the laws of demand.