القواسم المشتركة بين نوازل المالكية و اجتهادات المحكمة العليا

الملخص EN

The jurisprudence of calamities is an ancient, renewed and very important subject of jurisprudence, meaning the judicial rulings that were put before judges in advanced ages, those cases in which there was no explicit text and no previous jurisprudence.

it is necessary to look at how the juristic judges deal with the evidence and the way to derive the ruling, as the Nawazil jurisprudent often contradicts the more correct and famous to achieve an interest or pay a necessity, in a way that may be hidden from the non-specialist.

and since the jurisprudence of the supreme court (personal status chamber) is based mainly on the provisions of article 222 of the family code, which refers to the provisions of islamic sharia in its broadest sense, the judge finds himself in front of jurisprudential differences, and opinions diverged from him in other than his specialization.

linking this jurisprudence and comparing it with the Nawazil jurisprudence of the Maliki jurists, as these judicial accumulations are considered the refuge of the judge if he lacks evidence and the owner of the right does not appear to him, and he can rely on them as sources of interpretation for the ambiguous law or to fill its legislative void.