Özet:

The main aim of the usūl al-fiqh is to establish general transitional rules (turuk al-istinbāt) concerning the method of ijtihad activity. At the same time, this discipline provides a common methodology for all sharia sciences. Abū Hanīfa and his students have attached importance to establish general theories about the sources/methods of law. However, the oldest study on Hanafī law methodology belongs to Abū Bakr al-Cassās. Also Hussein b. Alī al-Saymarī is one of the first authors to convey the understanding of the sectarian method to us after Cassās. Saymarī is one of the most important representatives of Hanafī sect Iraqī school. Although there is no detailed information about life, it is known that he mostly spent his life in Baghdad and died there. He was a judge in Madâin and Karkh. Until his death, he continued his duty. His book “Masāʾil al-Khilāf fī Usūl al-Fiqh” is the first work to compare comparatively the disputes of Islamic law principles. The work gives sufficient light to the world of thought in the early period of Iraq-Hanafī school. As a debate master, the author defends the methodical stance of the sect with determination. It does not neglect to give opinions of other sects about the subject. It presents all the legal aspects of usūl al-fiqh that have caused the debate until that time in a certain systematic way. It refers to 133 different discussions in the book. It is also true that the most heated controversies of the era have been made around al-amr wa al-nahy concepts in significant quantities. In this article, we will try to address the general tendency of Hussein b. Alī in the al-amr wa al-nahy debates and the proofs that constitute the basis of this tendency.

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