السياسة الشرعية عند القاضي عياض : دراسة أنثروبولوجية لكتابه مذاهب الحكام في نوازل الأحكام

Abstract EN

The human reality is characterized by the abundance of events and their successions, and their continuous developments.

this requires a constant follow up of cases and rulings, and the issues affecting people from different affairs that are not answered by the transferred fatwas and recognized rulings, but rather require diligence for every emergency and new conflict.

consequently, Maliki jurists paid more attention than others to what is known as sharia policy.

they gave it a great consideration, and dealt with many of its problems.

this contribution, which was based on a clear legislative logic, was to preserve the five faculties of religion, soul, intellect, progeny, and money in the religious, social, economic, cultural and political reality.

this is confirmed by looking at the effects of Maliki jurists, who tackled the sharia policy in their jurisprudential codes, and they devoted discussed it in special compilations.

for instance, the contribution of judge Abu al-Fadl Ayyad in his book “the schools of rulers in the calamities of judgment,” through which he reveals the truth about the judiciary in the legal policy in its anthropological historical context.