The approach of Imam Al-Babarti (d. 786 AH) in eliminating the contradiction between the legal texts through the Book of Prayer in his book Al-Inaya Sharh Al-Hidaya (an applied study)

Abstract

This research deals with the study of Imam Al-Babarti's approach, may God have mercy on him, in a topic that is considered one of the most important topics in the science of the principles of jurisprudence, which is to remove the conflict between the legal texts, and in the most important book of Al-Babarti's books, your book, Al-Inayah Sharh Al-Hidayah (which is considered a book explaining another book), through the book of prayer, the results of the research were that the Imam, may God have mercy on him, followed the Hanafi approach in removing the conflict between the legal texts by presenting the abrogation, then the preference, and then the combination, and in doing so he differed from the approach of the majority in arranging the paths of removing the conflict between the legal texts, so we find that the Imam first works with abrogation, and if he does not find abrogation through knowing the history, he resorts to preference, and if he does not find preference between the texts through one of the methods of preference, he resorts to combining the legal texts, which had the largest share in removing the conflict between the texts and then the preference, while abrogation had the smallest share of it due to the ignorance of the history between the texts.