قاعدة تقابل الأصول عند المالكية : المفهوم و الأسباب و طرق إزالة التعارض

الملخص EN

“The Conflict of Principles” is so often cited by Muslim jurists, namely Malikis, in their Islamic Rulings’ codex.

First, I will investigate the meaning of this expression as it refers to the most universal and abstract sources of Shari’a law.

Then, I will examine the nature and number of those Principles as well as the different ways of accepting them.

Lastly, I will explain why such conflict occurs from a Muslim jurisprudence standpoint and how Maliki jurists have settled it while choosing between concurrent Principles for application either in legal reasoning or in courts.

Undoubtedly, many mujtahids have investigated various occurrences within their legal doctrine in order to establish a legal verdict in each discrete case.

Although the concept of “Conflict between concurrent legal Principles” has been tackled only by the highly gifted mujtahids, Muslim scholars did elaborate systematic procedures to solve such “Conflict”.

Those procedures were so minute that they inspire many modern legal systems.