قاعدة الضرورة و تطبيقاتها عند المالكية من خلال كتاب الدرر المكنونة في نوازل مازونة

Abstract EN

This research is concerned with clarifying the rule or theory of "necessity", and extracting the applications of the Malikis of Algeria and its surroundings in the book "Al-Durar Al-Maknouna in the contemporary issues of Mazouna" in various jurisprudential chapters; because necessity includes many fundamental and jurisprudential rules.

The results of the research revealed that the scholars of Maliki contemporary issues had intertwined logic and intellectual preference, between theory and application, and between jurisprudence and rules of juristic principles.

This was obvious in the fatwas and contemporary issues compiled by Abu Zakaria Yahya bin Musa al-Mazouni, May Allah have mercy on him, where they applied the rules of facilitation, removal of embarrassment and hardship facing people, without deviating from the rules and evidence of Sharia, and among them is the rule of necessity and need, and there were many fatwas in this respect through this encyclopedia.

I have chosen models of jurisprudence and practices, After I put a brief summary of “Al-Durar Al-Maknouna in the contemporary issues of Mazouna”.

Then, I defined necessity, and mentioned its conditions and some of the rules related to it.