al-Masail allati qila فيها la فرق inda al-Hanabila fi al-Ibadat

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al-Masail allati qila فيها la فرق inda al-Hanabila fi al-Ibadat

al-Masāʾil allatī qīla fīhā lā farq ʿinda al-Ḥanābilah fī al-ʿIbādāt ("Issues Concerning Which It Was Said 'There Is No Difference' Among the Hanbalis in Acts of Worship") is an academic treatise in comparative Hanbali jurisprudence authored by Uhud bint Isa Buayti . The work was submitted as a master's thesis in jurisprudence at the College of Sharia at Imam Mohammad Ibn Saud Islamic University in Riyadh, under the supervision of Dr. Badriyyah bint Salih al-Sayyari during the academic year 1443–1444 AH / 2021–2022 CE .

Purpose and Scope

The book collects and analyzes legal cases across the chapters of acts of worship (ʿibādāt) in which classical Hanbali jurists explicitly declared that there is "no difference" (lā farq) between two or more scenarios or legal forms regarding their practical ruling . The objective of the study is to identify the underlying rationale for equating these scenarios and denying any legal distinction (nafy al-fāriq), to examine the positions of the four Sunni schools of jurisprudence on each issue, and to evaluate their proofs to determine the preponderant ruling (al-qawl al-rājiḥ) .

To compile these cases, the author drew primarily upon four foundational Hanbali references: Ibn Qudamah's al-Mughnī, Ibn Abi Umar's al-Sharḥ al-Kabīr, al-Mardawi's al-Inṣāf, and Mansur al-Buhuti's Kashshāf al-Qināʿ .

Structure

The treatise is organized into an introduction, a preliminary theoretical study (tamhīd), four main chapters, a conclusion, and reference indices :

  • Preliminary Study (al-Tamhīd): Addresses the conceptual definition of legal distinction (al-farq) and related terms, the legal authority and concept of denying distinctions (nafy al-fāriq), and the importance of the science of legal distinctions (al-furūq al-fiqhiyyah) in derivation and analogical reasoning .
  • Chapter 1: Issues in Purification (al-Ṭahārah): Divided into three sections covering waters, vessels, and cleansing after defecation or urination (istinjāʾ); the innate sunnahs (sunan al-fiṭrah), ablution (wuḍūʾ), and wiping over leather footwear; and ritual bathing (ghusl), dry ablution (tayammum), removal of impurities, and menstruation .
  • Chapter 2: Issues in Prayer (al-Ṣalāh): Divided into two sections comprising thirty-seven specific issues, covering the call to prayer (adhān) and its commencement (iqāmah), prayer conditions, descriptions of prayer, forgetfulness prostrations (sujūd al-sahw), voluntary prayers, congregational prayer, prayers of excused individuals, Friday prayer, and Eid prayer .
  • Chapter 3: Issues in Zakat and Fasting (al-Zakāh wa-l-Ṣiyām): Divided into two sections examining five issues in zakat (such as jewelry, trade commodities, and debts) and four issues in fasting and spiritual retreat (iʿtikāf) .
  • Chapter 4: Issues in Pilgrimage and Jihad (al-Ḥajj wa-l-Jihād): Divided into two sections covering seventeen issues in Hajj (including ihram, expiations, hunting compensation, and sacrifices) and three issues in Jihad pertaining to the poll tax (jizyah) .

The book concludes with a summary of the main findings and technical indices for Quranic verses, prophetic traditions, historical narrations (āthār), biographical entries, uncommon vocabulary, cited sources, and topical contents .

Method

The author adopts the academic method mandated by the Department of Jurisprudence, beginning each issue with an exact conceptualization of its practical form before exploring its legal status . For agreed-upon issues, the ruling is documented alongside its evidence; for disputed issues, the author isolates the specific locus of disagreement, presents the views of the recognized schools from their primary literature, examines the textual and rational evidence along with any objections or responses, and concludes with a reasoned preference (tarjīḥ) while avoiding anomalous opinions (al-aqwāl al-shāddah) . All prophetic traditions outside Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim are documented with scholarly evaluations of their authenticity .

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