ضوابط العمل بالقول الضعيف عند المالكية من التنظير إلى التنزيل، وأثر ذلك على بعض المستجدات: الإجارة بالجزء نموذجا

Abstract EN

Using the weak saying has been one of the most controversial and ambiguous topics in Islamic jurisprudence.

this is mainly due to how jurists approach this issue.

some have warned against it or reject it while others have accepted it and listed the issues that the weak saying can be applied to.

these asymmetrical fatwas led to a great deal of confusion for anyone who seeks to understand this topic.

this study fills the gap in this area by diving deep into the previous research, comparing it, revealing its purpose, and determining the necessities that permit applying the weak saying.

this study uses both rooting standards and revelations as a guide and at the same time apply these findings to some of the contemporary issues in the world today.

this enables the study to avoid being merely theoretical.

the findings display that, the weak saying can be used and even prioritized over well known saying if there is a necessity.

the results also show that the limit of necessity that permits using a weak saying in issues such as partial lease is that if it will lead to interruption of benefit to the whole store.