القيمة العلمية للنوازل الفقهية عند مالكية الغرب الإسلامي

الملخص EN

What charecterizes books of « incidents jurisprudence » ( Nawazil fiqhiya ) of Al Malikia doctrine in the Islamic west is realism, innovation and diversity of authors.

Hence, these incidents jurisprudence books could be considered a rich mine of information for the benefit of historians, jurists and sociologues.

They are a raw source of Sharia ,linguistic, historic , social and economic studies.

In fact , the literature of incidents jurisprudence is considered as a main source of information in various fields from which can benefit equally well the scholar, the mufti, seekers of fatwa, the ruler, the linguist, the historian, the geographer, the sociologue and the economist …since the incidents jurisprudence are about realistic matters that reflect images of the society in which they occurred in various fields of life.

Despite the religious character of the incidents jurisprudence ( they are mainly related to the Islamic legislation / fiqh ), they do have another important dimension in historic and social studies; being spontaneous and innocent in their occurrence and their source.

They were not issued by an official authority nor did they adopt any ideological or political trend of the ruling authority.

And what makes them even more valuable is that the Islamic jurisprudence ( fiqh ) in general through its development did keep up with all the novelties and was preoccupied by all issues appearing in Islamic life; thus ; the literature of incidents jurisprudence constituted a bank of knowledge for Al Malikia scholars in the Islamic west that helped them to find answers to people’s questions as well as to link Islamic jurisprudence to daily life.

Moreover, the incidents jurisprudence constituted a major shift in the field of recording the Islamic jurisprudence in general, and this has undoubtedly a great value not only from the religious point of view but also because it sheds light on a lot of details of social and economic life and it tells us about the authenticity in the legislation among the Malikia scholars in the Islamic west.

This research paper is an attempt to shed light on the scholarship value of the incidents jurisprudence among Al Malikia scholars in the Islamic west and to draw attention to the necessity of using it to unveil the elements of the social and economic structure rarely brought out in historic and news writings.

As I see it, the incidents jurisprudence constitutes an inexhaustible source of social, political, religious and cultural data.

This paper is also an attempt to fill some gaps and remove some of the ambiguity related to our knowledge of the historic period of the Islamic west, an ambiguity that reached an extent at which any work that ignores this type of sources is considered as not fulfilling its rights.

This type of jurisprudence patrimony – the incidents jurisprudence – which made its appearance in historic researches has inspired researchers to attempt to innovate the historicwritings of the Islamic west by focussing on the social, economic and political history after it became clear that the traditional workbooks were unable to keep up with the thematic evolution because they disregarded the various lower social segments.

This paper also aims to study the incidents jurisprudence among the Malikia scholars in the Islamic west and elicit their scholarship value as well as their social and methodological benefits.

Studying these incidents jurisprudence will allow us to learn more about societies socially, politically and economically speaking and know about the methodologies of Al Malikia scholars in judiciary and litigation concerning matters of jurisprudence issues and find out about the rules they adopted to solve complicated matters.