الاستحسان بالنص عند الإمام مالك : دراسة تطبيقية من خلال كتابة الموطأ

Abstract EN

This research (juristic discretion through text according to Imam Malik, applied study through his book al-Muwatta’) aims to edit the concept of juristic discretion through text, refer to the juristic applications and focus on them through the book al-Muwatta’ and its relation with discretion, and indicate the viewpoint of Imam Malik concerning this evidence.

in this research, i adopted the inductive and analytical approach.

this research came up with the most important results : juristic discretion through text is one of the most important types upon which Imam Malik based his opinions in al-Muwatta’ and it is one of the widest fields to recognize the sharia rulings.