المسائل التي خالف فيها المالكية أصل مذهبهم في التوريث

Abstract EN

The origin of imam Malik's doctrine that it is based on the rulings of inheritance according to the saying of our master Zaid bin Thabit, may Allah be pleased with him.

this is the case of the Shafi’i and hanbali schools as well.

the Maliki jurisprudence did not violate this principle except in three issues: the Malikis and the semi-Maalikis, both of which are abnormal issues, and the third is the inheritance of a mother grandpa.

this article aims at clarifying the foundations of this violation, in terms of its sources, justifications and arguments, and identifying the causation and rooting related to it.

the research concluded that the violation in these issues is based on jurisprudential consideration, accompanied by a distinct reasoning, as well as an innovative view in the implementation of the rules, and the graduation of provisions, especially in the first two issues.