ًالمسائل الفقهية التي بناها الحنابلة في مذهبهم على الاحتجاج بمذهب الصحايب في كتاب النكاح : جمعا ودراسة

Abstract EN

This article aims to demonstrate the summary of the general foundations attested in Hanbalis’ Fatwa, and their position from Alsahabi’s doctrine.

It also aims to highlight some of the applications of jurisprudential issues established by Hanbalis in their doctrine in preferring Alsahabi’s doctrine.

The study employs the inductive approach to elicit the issues and analyzing them, providing the evidence and arguments, and the preferred in each issue.

The study concludes with a number of findings, the most important of which are: Alsahabi’s doctrine is what has been transmitted to us by one of the Prophet’s (PBUH) Companions, be it Fatwa or judgement, Sharia issue not mentioned in the Holy Qur’an or Hadith, and no consensus on it.

The dispute in Alsahabi’s doctrine is his saying or deed, which has no opposer that is not well-known or spread among the Companions.

The preferred of the Hanbalis is the correctness of Alsahabi’s doctrine, preferred to analogy.

The issues are eight, and of two types: the first is having one narration in Alsahabi’s doctrine- three issues.

The second is having more than one narration preferring the attested in Alsahabi’s doctrine- four issues, differing from one issue which has both narrations.