إشكالية تخريج الإمام الشافعي المسألة على قولين : دراسة تأصيلية تحليلية

Abstract EN

This study handles the problem of the multiplicity of sayings of Imam Shafi‘i in some Issues of the Jurisprudence.

Which lead him to be criticized and accused of ignorance in the sharia law .The problem being the Takhrij of Imam Shafi‘i of an Issues into two contradicting sayings without weighting one upon the another.

The issue lies in the question of how could the Imam Shafi‘i adopt two contradicting verdicts while he himself knows the impossibility of the lawmaker(Allah) having two contradicting verdicts ! .

This study showcased the cases which occurred from the Imam Shafi‘i in the aforementioned kind of Ijtihad .This study concluded that there are ten cases .This study elucidated the details and examples of the ten cases , in addition this study located the places which were called problematic and elucidated the important problems which was raised by the criticizers of the Imam Shafi‘i .

The study concluded that all the cases which was shown in this kind of ijtihad do not apply to the problems that was raised against the Imam Shafi‘i , all but one exception in the last kind in the third part of it , that exception being that the Imam Shafi‘i would make a Takhrij of an issue into two contradicting Sayings , without weighting one upon the another , or even disclosing which of the two saying is invalid .This case is confined , and do not exceed eighteen issues at most , and on the other hand this study illustrated the Juristic and fundamentalist solutions to solve the problems aforementioned.