مالكية المغرب و الأندلس في العصر المرابطي و إشكالية الاجتهاد : مقاربة نقدية

Abstract EN

Historical critical writing has drawn defining features of the Almoravid Maliki school.

These consist mainly in the dominance of taqlid (imitation or conformity to legal precedents), sectarianism, divergence from the primary sources of islam (the Qur'an and Sunnah), and opposition to independent reasoning (Ijtihad) and its conducive sciences, particularly jurispredence, which has negatively impacted legislation.

Therefore, this paper will discuss the issue of idependent reasoning, as practised by the Almoravid Maliki, by attempting to clearly answer the following questions: • How credible is this thesis? • What is the position of The Mālikīs of Morocco and Al-Andalus in the Almoravid era on the principle of ijtihad? • Do not the Almoravid bibliographic sources allow us the possibility to talk about a juristic trend favoring Ijtihad and renewal in Maliki jurisprudence in Morocco and Al-Andalus during the Almoravid era? • And if so, what are its most prominent manifestations and indicators? This research paper assumes the possibility of the existence of a Maliki jurisprudential trend which is characterized by a call for diligence, renewal, and dependance on origins in Morocco and Al-Andalus in the Almoravid era, in contrast to what was promoted in the monotheistic historical writings and recent critical studies which stigmatised Almoravid jurisprudential life by tradition and stagnation.

This study also assumes that there is clear evidence and indicators of the existence of a scientific movement related to ijtihad, the most important of which is represented in the Principles of Islamic jurisprudence in the Almoravid intellectual environment.

In this study, we shall attempt to prove the credibility of the aforementioned hypotheses, relying on an inductive and analytical historical methodology of the rich repertoire of bibliographic resources which cannot be overlooked in the study of the issues of the intellectual history in Medieval Morocco in general and of the the history of though in Almoravid state in particular.