The Shafi'i School of Fiqh's Separation of the Deal and Its Impact on Jurisprudential Rules A Fundamental Applied Study

Abstract

Abstract
The principle of separating the deal is one of the important principles that results in two opinions of Al-Shafi'i in many branches of jurisprudence in the Shafi'i school of fiqh. As a result, this principle was important to establish the origin of the occurrence of two opinions in these branches in the Shafi'i school of fiqh.

Given the importance of this principle, this research came to clarify this concept in the context of Shafi’i school of Fiqh, which is to combine two elements or more of different rulings of permissibility and prohibition in the same contract/deal. Or to combine multiple commodities of which a part is exposed to damage before possession, in which case each element of the contract is dealt with according to its original jurisprudential ruling. While confirming the choice of the buyer between what is permissible and/or sound of those elements or the revocation of the whole deal building upon the principle of the segmentation.

It also aims to clarify the conditions for applying this principle in the Shafi'i school of fiqh, and the jurisprudential rules related to it.

The research followed a descriptive approach to explain the meaning of the term "separating the deal" or "Tafriq Alsafqa" among the Shafi'is and the related words and terms that emerge from it.

It also followed an analytical approach to study the conditions for applying this principle, explain the jurisprudential rules related to it, and study what falls under these rules of jurisprudential branches that are built on it.