منهج علماء المالكية في استثمار المقاصد الشرعية عند استنباط الأحكام

الملخص EN

Understanding the ends of the Islamic law (Sharia) is required for a diligent providing that he is qualified for such a diligence.

Scientists such as « Shatibi » and others insisted on this fact.

Depending on this postulate, my work aims at showing how the « Maliki » scientists realized this requirement and grasped it investing the goals of the Islamic law to deduce the judgments from texts.

However, they exceeded the literal and outward meanings.

That was because the application of an outward concept very often leads people to perplexity and embarrassment.

It also prevents them from many beneficial assets.

Moreover, depending on the literal meaning of the version and neglecting the sense may lead to the contrary of the Sharia’s objectives.

Of course the aim of those scientists was not to oppose fancifully the content of the Islamic law, but to achieve the spirit of those laws since their application wouldn’t cause any contradiction.