Disagreement Fundamentals of Jurisprudence between Zaydism and Maliki Matters of Consensus: Ibn Al-Hajib and Ibn Al-Mortada as a Model 10.35781/1637-000-031-006

Abstract

Disagreement fundamentalist Between the school of fundamentalist Zaydism and Maliki matters of consensus through the book (mnhaj alousoul ila ma'ana ma'yar ala'koul fa a'lm ala'soul), For the Imam Ahmed bin Yahya bin Al-Mortada, who died in the year (840 AH) He is one of the imams of the Zaidi school of thought, and book ((mukhtsr muntaha alsswl walamal fi eilmay al'usul waljadal) For the Imam Jamal Al-Din Abi Amr Othman bin Omar Abi Bakr, known as Ibn Al-Hajeb, who died in the year (646 AH), He is one of the imams of the Maliki school of fundamentalist, because Ibn al-Hajib and Ibn al- Murtada are Imams of great Maliki and Zaidi scholars. And they have great efforts in writing and teaching, And that their books are among the most important fundamentalist books in the fundamentalist especially. And among the general scholars; This is in terms of scientists ’care for them, And transfer and benefit from them. The researcher used the descriptive approach, with the use of the analysis method in collecting the different issues in it, and studying it a comparative study. The researcher found several results, one of the importance: Individual differences clearly emerged between the two imams through different inferences and perspectives that lunched each study in addressing issues, And that the issues in which there are differences between the two imams are eight matters, three issues, the correct view regarding them is the weighting of Ibn al-Murtada, And two issues showed that what is right is the weighting of Ibn Hajib, And three issues have shown that what is right is different from the weighting of Ibn al- Hajib and Ibn al-Murtada, The study showed the effect of sectarian affiliation on the weighting of issues, Ibn Al-Hajib favored regarding the consensus of the people of Medina, and Ibn Al-Murtada considered the consensus of the people of Al-Bayt.