Differences Between Hanafi and Shafi’i in Matters of Confession and Witnesses in The Definition Punishment for Adultery Through the Two Books Al-Mabsout and Al-Hawi Al-Kabir: (A Comparative Jurispruden-tial Study)

Abstract

The schools of jurisprudence have diversified and the perceptions of ijtihad have expanded, and all of this is from God’s blessings upon this nation, and God has endowed it with scholars who serve religion and science, and among these prominent imams: Imam Abu Hanifa, and Imam Shafi’i, and it is known that these two imams have a high status in the hearts of Muslims in general. And what they have of scientific weight for researchers and scholars in various aspects of science and knowledge, and this study meant to track the differences between the Hanafi and Shafi’i in matters of confession and witnesses in the doctrinal punishment of adultery through two books consulted in Hanafi jurisprudence, and Shafi’i jurisprudence, which are called the book of Al-Mabsout by Sarkhasi, and the book of Al-Hawi Al-Kabir. According to Al-Mawardi, the study discussed the most important issues in dispute with regard to confession and witnesses between Hanafi and Shafi’i, with mentioning the evidences of the two teams, discussing them and weighting them, and showing the impact of this on contemporary reality, all in simple terms and brief sentences, and God grant success.