قاعدة ما جرى به العمل عند المالكية و مجالات تطبيقها : شهادة اللفيف أنموذجا من خلال الدرر المكنونة في نوازل مازونة

الملخص EN

This article aims to clarify what is related to «ma jara bihi al amal» in the Maliki school as a rule of weighting in it, in exchange for leaving the well-known (al-mashoor) and the most accurate (al-rajih) of the sayings ; that is by : its definition, its emergence, and the reasons for its appearance in the Islamic West in particular.

the article also shows the terms and conditions of its adoption, with reference to the interests that it takes into account and the areas of jurisprudence in which it can be worked with.

and as an applied model for the issues of "ma jara bihi al amal", the article was subjected to the testimony of al lafif through the manuscript of al-durar al maknouna fi nawazil Mazunah.

accordingly, the research problem is summarized as follows : what do the Malikis mean by "ma jara bihi al amal" ? and how it emerged and appeared in the Islamic West ? what are the conditions for its endorsement, its obligations, and the areas of jurisprudence in which it can be applied ? then what are the interests that are hoped to be achieved by adopting it in exchange for leaving the well-known (al-mashoor) ? in addition, is the testimony dismissed in order to fail the condition of justice in it, as in retreats and the immorality of time, or is it accepted in order to preserve rights and establish interests and ward off evil ? This can be summed up in four demands : 1-defining "ma jara bihi al amal", its origin and the reasons for its appearance.

2-the authenticity of "ma jara bihi al amal", its sections and conditions.

3-the requirements for adopting "ma jara bihi al amal", the interests it takes into account and the areas for its implementation.

4-the testimony of "al-lafif" as a model through al-durar al maknouna fi nawazil Mazunah.