التخريج و أثره في الفتوى عند علماء قسنطينة من خلال نوازل ابن الفكون

الملخص EN

Takhreej (making judgments and fatwas about certain issues depending on other scholar’s ones) with its two types is considered as one of the most important ways that are followed in giving fatwa (religious judgment).

Maliki scholars had been excellent in this issue, and that is clear in their fatwas.

But, when lands became vaster and time passed, new issues came out and scholars of that time gave answers about them.

That was written down in books known as books of “nawazil” (new issues),and one of those books is “Nawazil almalik’ia” of Ibn Faggun Elqasantini, in which he highlighted some “nawazil” that have been answered by numerous scholars and cultivated people from Constantine.

In this study, we are going to shed light on the effects of Takhreej on the answers of some of those scholars, which gives impression about their competence and mastery over Imam Malik’s school, in addition to thier understanding of its basic rulings and sub-rulings.