قاعدة سد الذرائع و أثرها في باب النكاح عند المالكية

الملخص EN

This study investigates one of the most important principles upon which the consequences of conventions are based.

Therefore, it is considered as applied theoretical study reflecting the Maliki doctrine in general and setting the basic conditions of marriage in the Maliki's doctrine in particular.

The significance of this study arises to clarify to how extend the connection of this principle with the aim of protecting the offspring and reflecting its role in extrapolating the provisions.This study is based on the inductive and analytical method which entails tracing the branches of the Maliki’s doctrine regarding the marriage chapter which consists of eighteen points of relevance, starting from betrothal through marriage conditions and ending with the terms of sexual intercourse.

This study arrives at the following results: The adoption of the Maliki’s pretext principle stems out of the following facts: 1.

Protection of human genitals.

2.

Continuation of the offspring .

3.

The consequences of the actions and verbal talks are considered in the Islamic jurisdiction.

This study recommends the rooting of the branches of the Maliki school of thought on this rule and other significant origins