فقه التنزيل للأحكام الشرعية من خلال نوازل يحيى المازوني: نازلة إنكاح الفاسق بالجوارح نموذجا

الملخص EN

The goal of the research was to identify the applied jurisprudence (Fiqh) and its importance, and it comes into trying to uncover the relationship between the applied jurisprudence (Fiqh) and the Nawazil of Fiqh (the new jurisprudential cases), through the study of an application model of a selected fatwa from «Dorrar el-Maknouna fi Nawazil Mazouna» written by Abou Zakariya Yahya ben Musa al-Mazouni, and we have adopted the analytical descriptive approach to achieve the objective of the study.

also the study has concluded to an number of conclusions and recommendations most importantly: applied jurisprudence (Fiqh) is a discretionary (Ijtihadia) process aiming at fit between the script and reality.

and the applied jurisprudence (Fiqh) one of the fundamental guarantees to be correct in discretionary (ijtihad), also missing it is one of the most important causes of wrong with it.

applied jurisprudence (Fiqh) is also a fruitful field for uses understanding of the script and reality, as was the need to focus on the attention of the engaged in Fiqh on this kind of studies and researches, which is looking at methods of Fuqaha'a in Fatwa, and manners of applying the legal.