منهج النقد الفقهي عند ابن القصار المالكي (ت 398 ه )‎ من خلال كتابه عيون الأدلة : دراسة في المعالم و الضزابط

الملخص EN

Ibn al-Qassar al-Maliki is one of the pioneers of the Iraqi school, which was characterized by jurisprudential criticism critique, the defense of the Maliki school of thought with reasonable well-grounded evidence, and the strength of its argument and proof.

It is not surprising that he is a leader of the Maliki school in his time thanks to his being a student of senior sheikhs such as Al-Abhari and Al-Baqillani, apart from being a respectful scholar under whose supervision of senior investigators, such as Judge Abdul Wahab, graduated.

This research shows the features of this criticism critique for Ibn al-Qassar like critiquing the evidence for proving or disproving it, showing its validity or weakness, and critiquing of argumentation and considering the extent to which it is relevant or irrelevant in disputed judgment.

The research also studies the scientific tools and legal guidelines such as fundamentalist and linguistic rules and the argumentative methods Ibn al-Qassar adopted to criticize the violators and defend his doctrine.

The most prominent traits that characterized Ibn al-Qassar in his criticism are also mentioned in this research.

These attributes represent part of the ethics of critique that seeks to criticize the argument not the arguer, and the idea, not the thinker.