The Jurisprudential Differences in the Sale of the Absent from the Book, Al-Hawi, by Al-Mawardi. (Analytical Study).

Abstract

The research, which is entitled "Jurisprudential Differences in the Sale of the Absent in Al-Mawardi's Al-Hawi – An Analytical Study," aims to investigate and analyze the jurisprudential differences that have been presented in the Book of Sales (specifically the Sale of the Absent) in Al-Hawi by Al-Mawardi. The research's significance lies in its subject, the science of Figh differences. Throughwhich, the objectives, wisdoms, and secrets of Islamic law are understood—secrets that are the core of its beauty and miraculous nature. Whoever indulges and pays keen attention to this science through the Book, Al-Hawi, will gain deep insight into its intricacies and the richness of its content. The research consists of an introduction and two main topics that discuss the author's background and his book, as well as the jurisprudential differences. It then presents examples of these differences, where each of these differences implies two subdivisions. The research has enclosed his research with several findings: Imam Al-Mawardi's keen concern for the jurisprudential differences has given his book significant importance in solid scientific foundations, making it a valuable reference for researchers in deriving legal rulings on religious issues. The method of tackling the differences between two issues to outweigh one ruling over another is one of the most precise ways to understand God's judgment, especially in ambiguous matters.

The researcher's recommendations: Extracting jurisprudential differences from books that the researcher is interested in, such as Al-Hawi, and giving them sufficient attention through study and analysis, including a deep exploration of their depths, is essential to minimize errors in issuing provisions, especially in matters that appear similar but differ in judgment