The Issues on Which Al-Fattuhi in “Mukhtasar At-Tahrir” and Its Explanation Disagreed with Al-Mardawi in “At-Tahrir” and Its Explanation (Analytical Inductive Study)

This research deals with the collection of issues on which Al-Fattuhi in “Mukhtasar At-Tahrir” and its explanation disagreed with Al-Mardawi in “At-Tahrir” and its explanation. I studied these issues to verify Al-Fattuhi’s additions and his fundamental Ijtihads (legal reasoning and discretion) in examining and rendering accurate the Madhhab. In this study, I adopted the inductive, descriptive, and analytical approach, so I collected (with semi-complete induction) all the fundamental issues on which they disagreed. Then, I described these issues, explained their views regarding them, elucidated the point of disagreement between them, and mentioned as much as possible the Hanablaite scholars who agreed with them in this regard. I concluded some findings, the most notable of which are the following: First: By studying all these issues, it has appeared that Al-Fattuhi disagreed with Al-Mardawi. However, the type of this disagree-ment differs, as he may disagree with him either explicitly or implicitly, and he may not agree or disagree with him, but he makes the disagreement without giving preponderance. Second: There are some issues that appear to be a disagreement between Al-Fattuhi and Al-Mardawi. However, after detailed research, it became clear to us that he did not intend to disagree, but rather to agree. Also, there are some issues on which the opinions of Al-Mardawi and Al-Fattuhi differed between their “Mukhtasar” and their explanation. Among the most important recommendations of this research is to examine the impact of this fundamental disagreement between these two Imams on the fundamental structure, and on the rules and Fiqh-based branches in the Hanbalite school.