Ikhtilaf al-Fuqaha = Ikhtilaf al-Ulama lil-Marwazi
- Author died
- 294 AH
- Editions
- Aḍwāʾ al-Salaf
Ikhtilaf al-Fuqaha (Arabic: اختلاف الفقهاء, lit. 'Disagreement of the Jurists'), also known as Ikhtilaf al-Ulama (اختلاف العلماء, 'Disagreement of the Scholars'), is an early work on comparative Islamic jurisprudence by Abu Abd Allah Muhammad ibn Nasr al-Marwazi (202–294 AH / 817–906 CE) . The book documents legal disagreements and compiles the differing rulings and doctrinal positions of the Companions, the Successors, and leading early jurists .
Subject and Method
The work belongs to the early tradition of comparative legal literature (ikhtilaf). Its primary method focuses on stating disputed legal issues and surveying the views transmitted from the Companions, Followers, and later authorities across various chapters of Islamic law . Rather than engaging in extensive theoretical justifications or polemical argumentation, the text is structured around reporting the consensus and differences of opinion on each issue, occasionally citing supporting traditions without extensive commentary .
Classical biographers highlighted al-Marwazi's authority in this field; al-Khatib al-Baghdadi noted that he was among the most knowledgeable scholars regarding the differences among the Companions and subsequent generations in legal rulings . Similarly, Ibn Hazm remarked that he knew of no one after the era of the Companions who combined, memorized, and understood the Sunnah, as well as the points of scholarly consensus and dispute, more completely than Muhammad ibn Nasr al-Marwazi .
Transmission and Reception
The book was referenced and cited by later scholars studying comparative legal traditions, including Ibn Qayyim al-Jawziyya in works such as Ighathat al-Lahfan and Zad al-Ma'ad .
Historical records document several early transmissions and manuscript copies of the book:
- Ibn Asakir recorded that Abu Muhammad ibn al-Ash'ath had owned a copy of Ikhtilaf al-Ulama by al-Marwazi .
- Ibn Nasir al-Din documented a reading certificate (sama') for the book, noting that Ali ibn Muhammad al-Hinna'i studied Ikhtilaf al-Ulama under Abd al-Wahhab ibn al-Hasan al-Kilabi in Damascus in Dhu al-Hijjah 392 AH, recorded in the handwriting of al-Hasan ibn Ali ibn Ibrahim al-Ahwazi .
Printed Editions
The work has been edited and published under both variants of its title:
- Under the title Ikhtilaf al-Ulama, edited by Subhi al-Samarra'i and published by Alam al-Kutub in Beirut .
- Under the title Ikhtilaf al-Fuqaha, edited by Muhammad Tahir Hakim and published by Adwa' al-Salaf in Riyadh (1420 AH / 2000 CE) .
Answer updated