فقه النساء عند مالكية المغرب: الميراث أنموذجا: مقاربة مقاصدية

الملخص EN

Praise be to god, lord of the worlds, and prayers and peacebe upon the messenger of god, his family and companions, and those who are loyal to him.

as for what follows, the topic “Fiqh of women according to the Malikis of Morocco” is considered; inheritance as a model.

an intentional approach, part of a major issue entitled (women’s inheritance in our contemporary reality), about which confusion and controversy arose in the modern era, as suspicions arose about this issue raised by violators of the provisions of god almighty’s religion about the inheritance of women in Islam and their claim that Islam has been unjust the woman, and that she has subjugated her right when half of what was imposed on the male was imposed on her, and these are false and rejected claims.

through it, they wanted to challenge Islam based on the suspicion of the call for equality in inheritance.

accordingly, the purpose of this research is to try to provide an answer that reveals the falseness of their claim, which is that the inheritance system in Islam is a realistic system, as it decides for women half the share of men, it has achieved social justice between them.

what the research aims to demonstrate is the independence of the Maliki jurists with some opinions, and their departure sometimes from the doctrine as a manifestation of the accuracy of the opinion, the intentional far-sightedness and the strength of ijtihad, and they respond to the facts dictated by the circumstances of their environment and the complexity of its problems.

the subject of calamities has found a fertile field of application for this, because it is a triangle of Fiqh dynamics in its absorption of developments and its solution to dilemmas.

therefore, the jurists of the owners of Morocco were interested in women's issues like other issues, and in their fatwas they took into account their circumstantial privacy and their environment, and they sought through these fatwas to solve the problems put before their eyes at that time.

these fatwas reflect the jurisprudence of jurists who aim to give solutions that achieve justice and do justice to women in light of their living reality.

especially with regard to the issue of inheritance, as some calamities show that the woman did not obtain her share of the inheritance during a period of time.

among the most important of what I stood upon was the defense of the jurists of calamities in Morocco about the right of women to inheritance, which was dropped by the Saadian kings in the lands of Souss, despite it being proven by the Qur’an, Sunnah and consensus.

I will elaborate on this through the cases in which the Maliki jurists stated the right of women to inheritance; it can be summarized as follows: cases in which a woman inherits half of a man; cases in which a woman inherits the same as a man; cases in which a woman inherits more than a man; and cases in which a woman inherits and a man does not inherit.

with the extraction of a set of jurisprudential purposes intended by the street through these inheritance provisions for women, in addition to the general purposes in legislating the provisions of inheritance.