Jurisprudence of Disagreement in the Perspective of Al-Allama Al-Hilli (Fasting of the Traveler as a Case Study)
Keywords:Science of Disagreement, Evidence Deduction, Recognized Consensus, Devotional Consensus, Sanad Theory
Al-Allama al-Hilli wrote extensively in various fields and sciences, including beliefs, hadith, knowledge, jurisprudential principles, logic, and philosophy. He engaged in documenting and studying comparative jurisprudence, with one of his significant works in this domain being "Tadhkira al-Fuqaha" where he discussed the doctrines of Muslims, their opinions, evidence, and evaluated the validity of their arguments.
This study aims to highlight the scientific aspects raised by this scholar, presenting an example from his book, particularly focusing on the issue of fasting for traveler. The Author discussed his approach in evaluating narrations, his role in the birth of the "Sanad School" in Imami thought, and the quadruple classification of hadiths in his book "Muntaha al-Matalib fi Tahqiq Al-Madhhab." And explored his presentation of evidence from other schools of thought, his attempt to evaluate and differentiate between the authentic and weak narrations, and his endeavor to reconcile conflicting narrations. Additionally, the author examined his discussions and directives for the second sect of narrations that contradict the apparent meaning of the Quranic verses, emphasizing the necessity of referring narrations to the Quran and Sunnah.