المسائل التي نُفي فيها الخلاف في كتاب الإنصاف للإمام المرداوي في باب ( الهدي والأضاحي) جمعاً ودراسة

Issues in Which Disagreement Has Been Negated in the Book Al-Insāf by Imām al-Mardāwī in the Chapter of (al-Hady wa al-Aḍāḥī): A Compilation and Analytical Study

Abstract

This research aims to investigate the issues wherein Al-Mardawi negated the existence of disagreement (Nafi al-Khilaf) in his book Al-Insaf, specifically within the chapters of Hady (sacrificial animals offered during Hajj) and Udhiyah (sacrificial animals offered during Eid). The study begins by defining the concept of "negation of disagreement" and distinguishing it from Consensus (Ijma'). The research employs an inductive methodology to collect the texts asserting the absence of disagreement found in Al-Insaf. The study is structured into an introduction, two main sections, and a conclusion.

The first section is devoted to the theoretical framework. It addresses the definition of "negation of disagreement," clarifies the distinction between it and Consensus, and examines its probative value (Hujjiyyah) according to legal theorists (Usuliyyun) and jurists (Fuqaha), while presenting and analyzing their respective views.

The second section focuses on the practical application by reviewing seventeen jurisprudential issues regarding Hady and Udhiyah in which the negation of disagreement was reported.

The research concludes with several findings, most notably: that the "negation of disagreement" differs from Consensus in both concept and authority; that its validity as evidence depends on the verification of induction or a preponderance of belief (Ghalabat al-Zann) regarding the absence of a dissenter; and that for many issues concerning Hady and Udhiyah where disagreement was negated, the absence of a dissenting view within the school (Madhhab) was verified. Finally, the research recommends further attention to studying issues of "negation of disagreement" through both foundational and applied perspectives.