أسباب الإنفراد داخل المذهب الواحد : انفراد أشهب بن عبد العزيز عن الإمام مالك و ابن القاسمً أنموذجا

Abstract EN

his article aims to study the ways of Imams’ elicitation of jurisprudential issues and to show the disagreements among them.

The study employs the descriptive deductive approach.

It concludes with a number of findings, the most important of which are: 1.

Ashhab’s jurisprudence makes use of what strengthens his evidence and not of who says it, which makes him differ from Imam Malik and his peers in some issues, described as disagreeing with Malik’s doctrine.

2.

Ashhab is distinguished from other students of Imam Malik in that he individualizes his teacher’s narrations, which was described as disagreeing with doctrine, and some see it as strange.

3.

The three jurists differ in their Ijtihad each in his own considerations and approach, between originalizing and branching, between taking the text and analogy.

4.

Ashhab’s Ijtihad status is clear; he is absolute Mujtahid, not independent, as confirmed by a number of scholars.