النقض عند الأصوليين بين المتكلمين و الحنفية : دراسة نموذجية مقارنة بين البيضاوي و البزدوي

Abstract EN

Contradiction is a nullifier of the ratio legis (qadih al-illah) for its use in legal analogy (qiyas), meaning that the ruling (hukm) is absent despite the presence of what is claimed to be its ratio legis.

The basis of this is taken from discussions in the science of debate (ilm al-jadal).

Coupled with contradiction is the concept of qualifying a ratio legis (takhsis al-illah).

Some legal theorists unite these two, both in terms of their meanings and rulings, while others differentiate between them.

Legal theorists - both the majority and the Hanafis - agree that contradiction is considered a nullifier of the ratio legis; however, they disagree amongst themselves on its conditions and restrictions.

Two of the most prominent scholars of legal theory (usul al-fiqh) who differed in this were al-Baydawi of the Shafii school and al-Bazdawi of the Hanafi school, agreeing to consider contradiction a nullifier of the ratio legis in general, but disagreeing on its function when the ruling is absent due to an external prevention (mani) per their detailed explanations on an explicitly-stated ratio legis and an analogously-derived ratio legis.