نقد الإمام الجويني للإمام مالك (رحمهما الله)‎ في كتابه (البرهان)‎ : دراسة تحليلية في اعتراضات الإمام و ردود الأبياري و المازري عليها

Abstract EN

This study addresses Al-Juwainiy criticism to Malik following an inductive and analytical method of study.

The study reads some of Al-Juwainiy's texts on the issues addressed for discussion, followed by the objections of Al-Abyariy and Al-Mazariy, and then investigates the truth in the issues made debatable.

Through this way, it shows the subject of the dispute and the objection presented by Al-Juwainiy, and then presents Al-Abyariy and Al-Mazariy's statements which reflect their criticism to Al-Juwainiy's stance.

The study concludes with some results.

The most significant conclusion is that Al-Juwainiy, in his objections to Malik, was righteous in some and unrealistic in some.

The reason why he was unrealistic is because he relied on some disputable reports attributed to Malik, which were not clearly authenticated in the Maliki School.

These cases were severely arguable inside the School itself.

The arguable reports if have been supposedly accepted in the Maliki school, it would be subject to some possible interpretations that might invalidate the conclusions made by Al-Juwainiy against him.

The study concludes that the foundational disputes between Al-Juwainiy and Maliki scholars which have a theoretical ground cannot be really evaluated without being associated with practical examples which determine their true space in reality of jurisprudence.