أفعال الإمام مالك و دلالتها على مذهبه

Abstract EN

Summary: The great scholar al-Imam Malek ibn Anas is one of the most followed in his teachings, and deeds, the people traveled long distance journeys to learn from his science, they transcribed his fatwas, his words, as well as his acts, his words as fatwa is the most widespread thing, and it is also used to prove the school of jurisprudence followed by the mufti.

As for the acts (gestures) of the mufti there is a big divergence, if the acts of the mufti is a way of explaining, it does not pose as problem, but if his acts is not explanatory, so does it indicate his school of jurisprudence or not? The research leans in its theoretical side to the following result: the acts and gestures of the scholar are a proof in his school, and people can follow him in that, but it is preferable that this be restricted to the great Imams of the great schools of jurisprudence only.

This choice does not mean that the scholar is far of errors, but it gives the acts and gestures the same value as the teachings, it is then allowed to imitate this imam in his acts, and this choice alloweds the jurist to use it as evidence in his fatwas after a deep and serious studies.

The practical side of the research proved that the Malikites used in their collections the acts and gestures of Imam Malek as well as his entions (sokot), and his approvals (takrir), to prove the Imam's opinion, and the research cited some examples.