نظرة حديثة إلي القديم والجديد في المجال الفقهي والمذهب الشافعي

  When studying jurisprudential sources of shafeism, one may see many times statements like ‘ghala fi al-qadim’ and ‘ghala fi al-jadid’ which make researchers wonder whether Imam Shafi,i has really established two schools of thought! This claim does not seem to be correct and even shafi,i scholars have noticed it and allocated their PhD theses to examine and prove their views regarding this matter; therefore some believe in the old and new doctrines for shafi,i, others have considered the difference between old and new shafeism to be specifically for religious jurisprudence and some group believe that the old and new school of thought has a wide range to the extent of shafeism. A researcher seeking to obtain the opinion of Imam Shafi,i about a subject may first think that this is a religious plurality, so he may face some difficulties in his studies and may be filled with wonder, because he thinks there are possibly two principles for a single subject. But, if it is proved that the application of two words of ‘old’ and ‘new’ for shafeism is wrong or at least negligence, then many problems including the researchers’ concern about not obtaining the opinion of the leader of Shafi,i school of thought will be solved.