THE HISTORICAL JOURNEY OF THE LEGAL CHANGE IN THE ḤANAFĪ SCHOOL ABOUT THE COMPENSATION OF BENEFITS

The non-compensation of benefits is a basic rule according to the Ḥanafī school (madhhab). However, late scholars (mutaʾakhkhirūn) made some exceptions this established (ẓāhir al-riwāya) in madhhab. are (use-values) endowment property, orphans’ property and set up for profitable use (mu‘add li-l-istighlāl). Ḥanafīs accepted view that could only be compensated these three places by slightly stretching relevant rule. Fatwās (legal opinions) on subject were initially discussed wāqi’āt literature. Later they gained certain authority being repeated many works same genre. Finally, which has been Sheikhs (mesāikh), become part doctrine taking its place later standard texts legal commentaries (shurūh) school. In study, question how ẓāhir al-riwāya Ḥanafī about compensation (damān al-manāfi‘) was revised will discussed. Additionally, “when mentioned arised” searched. incorrectness views have claimed recently examined help examples