الاجتهاد الإستحساني عند المالكية : حقيقته و تطبيقاته الفقهية

Abstract EN

The importance of the study is reflected in the fact that it deals with an important aspect in the fundamental and jurisprudential research, represented in the approval assiduousness among the Malikis, as it is one of the important paths in the jurisprudence renunciation of the origin in revelation assiduousness, and its problem centered on explaining the reality of this type of assiduousness at the Malikis, and the extent of its impact on their doctrine.

the conclusion of that, was that the Maliki approval is based on the exception from the general evidence, according to a consideration of a reformer that is appreciated by the diligent in the place of revelation, practically, the meanings of approbation predominate, so the Maliki forms of approbation varied according to what the diligent bases on the interest, such as observing custom, damage removal, observing kindness and facilitation for people.