أثر توظيف القواعد الفقهية في الترجيح بتحقيق مناط النوازل عند المالكية: دراسة نماذج

الملخص EN

Adopting a scientific approach to deal with contemporary issues that are taking place in Islamic- religious communities requires a deep study of the Islamic jurisprudential heritage and producing new answers to those contemporary needs and issues.

To achieve this process, a link between the theoretical rules (al- Qawa'id) and its applications must be made.

Thus, the aim of Maliki School in linking between al- Qawa'id al Fiqhiyyah and tahqiq al-manat of some contemporary jurisprudential issues (al-Nawazil) was to show the method of tarjih (manhaj tarjih) -that is offered by the Maliki jurists- based on al- Qawa'id al Fiqhiyyah.

The study determines that tahqiq al-manat is an essential component of the practical jurisprudence process.

It also funds that tahqiq al-manat helps jurists to apply the relevant legal rulings to facts and reality.

The paper also argues that tahqiq al-manat here is distinguished from analogical deduction (qiyas) and masalik al-’illah, both meaning or function.

The study shows that tahqiq al-manat stems from the Qur’an, the prophetic applications, and the work of the Companions.

Therefore, it requires that Mujtahid jurist should be proficient in sharia and comprehend reality and be familiar with contemporary research methods, tahqiq al- manat helps the jurists to engage in Ijtihad and renew rulings considering the principles of tolerance, coexistence, and acceptance of the other.

It likewise is the most important way for jurists to get rid of doctrinal intolerance and negative imitation.