الأخذ بالاحتياط و تطبيقاته في مسائل الأسرة عند المالكية : دراسة مقارنة بقانون الأسرة الجزائري

الملخص EN

Precaution is one of the principles of the Shariah, and an evidence used by the public.

Many arguments from the Quran, Sunnah and the work of companions (Allah bless them) indicated that precautions was applied in accordance with specific requirements and controls.

The school most adopting of precaution principal is the Malikism, since their main pillar is adopting loopholes ( prohibition of what may lead to committing sins) as primary along with consideration of disagreement in scholars' views, which both are deemed as asort of precaution.

Precaution is widely connected to the rules in the Islamic jurisprudence and that of fikh since it is broadly applicable in many cases of jurisprudence by the Malikis.

The present paper is aiming at shedding light on this very principal and at identifying its cases of jurisprudence.

Our paper is more concerned with the family issues according to the Malikis.

We herein linked these very cases to their jurisprudence rules so that their contexts are easily clarified to be later on compared to the Algerian family code.