المنحى النقدي أسسه و تطبيقاته عند الإمام أبي الحسن اللخمي في كتاب التبصرة : مسائل الأحوال الشخصية نموذجا

الملخص EN

The study of "Critical Orientation: Its Basis and Applications According to Imam Abi Al-Hasan Al-Lakhmi in the Book of Tabssira - Personal Status Matters as an Example -" aims to explore the most important methodological foundations that characterized the paternal method in straightening the Maliki juristic view, refining it and renewing it, according to an inductive and descriptive approach to the jurisprudential structures of issues Included in the Book of Tabssira, and analyzing its jurisprudential branches, to draw a map of the advantages of the critical approach to Imam Al-Lakhmi, and to reveal its fruits on the jurisprudence inheritance in its two levels; Accordingly, the systematic work on dividing the research was divided into two axes.

First, we begin by introducing Sheikh Abi Al-Hassan, translating his life and showing his scientific degree in the Kairouanian school in particular, and the Maliki school in general, as well as touching on the place of his innovative authorship, Tabssira, within the jurisprudential combinations of the doctrine .

While we discussed in the second topic the rules of juristic criticism in which the Imam printed his direction, the controls by which his method was governed and the characteristics with which this evaluation approach was stained, to conclude the study with the practical representation of this trend through the issues of marriage, divorce, inheritance, donations and other sections of the personal status book.

The research concluded that Imam Al-Lakhmi is considered -as a right -a founder of a systematic, integrated method in fiqh criticism within the Maliki school, by examining the jurisprudential branches in the light of the total origins of the Maliki school and its rules controlling it, based on its ability to quote ijtihad, and this approach has been marked Scientific credibility and substantive commitment based on the weight of evidence and the weighting of the argument, with his keen attention to the necessity of harmonizing the fundamentals of the fiqh industry - in its entirety - with the rules of the Maliki school and its colleges in other than intolerance or evasive, which made his jurisprudential choices a subject of consideration in the mothers of fiqh books of the doctrine later.

الملخص FRE

Le but de cette étude est d'explorer les fondements méthodologiques qui ont caractérisé la manière dont l'Imam al-Lakhmi a évalué la vision jurisprudentielle de la doctrine Maliki, ainsi que son affinement et son renouvellement, selon une approche inductive et descriptive des structures jurisprudentielles du statut personnel questions incluses dans le livre de réflexion, Afin de dresser une carte des caractéristiques de l'orientation critique de l'imam Al-Lakhmi et d'exposer les fruits de cette approche du patrimoine jurisprudentiel à son niveau; local pour l'école de Kairouani, et le collectif pour l'école Maliki.