From al-khilaf al-ali to Fiqh al-Muqaran, The method of authoring in Ikhtilaf al-fuqaha and the impact of hadith on it

Abstract

This study aims to analyze the methods of authoring in the genre of Ikhtil?f al-fuqah??, and the development and diversity of those approaches and the impact of hadith and narration on them, from the first inception to modern times. It also focuses on the differences in authoring methods in al-khil?f al-?ali and authoring methods in comparative jurisprudence today, and on the reasons that led to this methodological shift in this genre. The study starts with a conceptual introduction to the terms related to Ikhtil?f al-fuqah??/al-khil?f al-?ali, then by clarifying the scientific conditions that were required from scholars in this genre in the classical eras, then clarifies the forms of authoring in it and presents a list of influential books in this specialization Arranged according to the criteria of the era. It also analyzes the reasons for the emergence of the books of al-khil?f al-?ali and the impact of geographical places, times and politics on them. As well as it analyzes the impact of the spread of hadith compilations and the spread of the school of Hadith on them. Finally, the study tends to select from those books specific models that made an important difference in Ikhtil?f al-fuqah?? and al-khil?f al-?ali such as Ibn al-Labbad, Ibn al-Qass, Ibn Abd al-Bar and others. It sheds light on their role in developing this jurisprudential genre. then it ends with critical insight into the distinction between authoring methods in the classical al-khil?f al-?ali, and the modern comparative jurisprudence law.