Abstract:

The second century of Hijra was the most dynamic and productive period for Ahl al-Ra’y (rational discretion) school of law in Kufa, Iraq in terms of history of Fiqh. There is no doubt that the main important reasons of it, is that controversy, criticism and refutation was widespread and accepted by scholars mostly in that period. In fact, even within the same school differences had occurred between its scholars and jurists. The best example of this historical fact may be seen in the disagreement between Ibn Shubruma and Abu Hanifa in terms of Fiqh which this study will deal with. These two scholars had lived in the same century in Kufa and belonged to Ahl al-Ra’y school. The timing of this controversy -the formative period of Islamic Jurisprudence in the second century of Hijra- is an important point to rely on. This study will try to determine the scope, causes and results of the controversy between these two scholars. Additionally, it will examine whether there is a role of these disagreements for the formation of Hanafi school of law or not. 

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