قاعدة "الحكم بين الحكمين" عند المالكية و أثرها في الفقه الإسلامي : دراسة تأصيلية تطبيقية

Abstract EN

This study deals with the rule of "Judgment between the two judgments", which is originally from the origins of the Maliki doctrine and its rules, which resulted in the Malikian mentality out of a dilemma that the Imam Al-Harmain considered to be the mysterious sockets of Shariah evidence.

A question that corresponds to the originals or the equivalence of evidence without a likelihood: While two guides contradict the mujtahid and the inability to gain weight and find no evidence from another place and be confused, the audience of fundamentalists and scholars differed among themselves, some of whom said: With evidence falling, some of them said: By choosing between them, and others said: By Alwaqaf, and some of them said otherwise.

However, the Maalikis ruled this rule, which is based on giving the alternating branch between the two sources a common judgment, when the evidence contradicts and cannot be counted among them; and has called them to take this course: reserve, and the implementation of the evidence and not neglect, they give it to the ruling between these two origins ruling extracted from them without refuting one of them.

The researcher concluded his study with some applied branches to this origin of the door of the breeding of the fundamentalist fundamentalism and sense of jurisprudence, and linking the branches of assets Raising the fundamentalism talent and the sense of judgment.