الأسئلة الواردة على العلة من حيث عدم العِلَّية أو عدم صلاحيتها للتعليل من كتاب تهذيب المسالك للإمام الفندلاوي (ت 543 ه)‎

Abstract EN

The recent paper deals with some existing objections on the effective cause or what the fundamentalists call the vilifications of the effective cause or the ways that invalidate it, which Imam al-Fandalawi used in his book Tahdheeb al- Masalak in supporting Malik’s doctrine of justice and equity in explaining the issues of disagreement.

Imam al-Fandalawi used these objections to slander the reason of his opponent in terms of challenging the reason as it is not a cause or its lack of validity for reasoning.

To note these vilifications which I choose were represented in vilification of invalid analogy due to its conflict with the explicit texts, and vilification of objection of the validity of the effective cause, or its lack of influence, and also the vilification of the occasion.

I demonstrated also the approach of Imam al-Fandalawi in dealing with these vilifications and how to refute the argument of his opponent from other schools of jurisprudence, especially the Hanafis and Shafiis.