مكانة الموطأ و أثره الفقهي في المذهب المالكي

الملخص EN

Al-Muwatta of Malik is one of the most important books of Islam in general and of the Maliki school in particular.

scholars have continued to praise and interest for it.

this study came to show its importance and Malik’s jurisprudential creativity in it, and to reveal its jurisprudential impact on the Maliki school, both in authoring and issuing Fatwa.

this has been researched through the implementation of the descriptive approach in defining al-Muwatta and showing its position, and the analytical approach in highlighting the visible and hidden effects of al-Muwatta jurisprudence in the school.

the most important results obtained are : -Malik’s ingenuity in authoring al-Muwatta, in a way that enabled his followers to deduce the origins of his school and imitate it, and enabled them and others to identify the methods of classification and its origins.

-al-Muwatta had an impact on Maliki Fiqh authorship, by imitating it in the authorship process, and in jurisprudential formulation ; by investigating the phrases of al-Muwatta, or inferring the words of Malik in it.

-it had an impact on the fatwa as well, by adopting the Malik’s sayings in it among the considered statements with which the fatwa is valid, and even prioritizing it over others according to some of the Malikis.