أجوبة الولاتي على أسئلة أبي بكر بن المختار الشريف لمحمد يحيى الولاتي (ت : 1330)‎ : دراسة و تحقيقا

Abstract EN

This study is concerned with authenticating the manuscript book “Al Oulati Answers for Abi Bakr Ben El Mokhtar Cherif Questions”, edited by Al Allamah Al Faquih (Polymath-Jurist) Mohamed Yahya Al Oulati (died in 1330 of Hijri).

My interest in handwritten heritage, in particular heritage of the Malikite Doctrine, as well as my desire to serve patrimony of Malikite jurists, were the reasons behind my choice; This study is meant to bring to the student the skill of revelation so that it can be possible to evoke the basics to the branches in affirming the legal rule related to exposed contemporary issues; This study is based upon a set of problematic issues such as: Is the rich mother legally liable to pay alimony for her young insolvent children? What is the reason behind the obligation for rich parents to provide alimony for young insolvent children? What is the legal ruling on the payment of the value of the share due for religious Islamic alms, whether it is a religious Islamic alm on real property or livestock? .

The results were given in accordance with the historical approach, based on the author's biography, the descriptive approach regarding that of the manuscript book, and the method of examining texts in the light of their content, based on the following axes: identification of the author, of the manuscript book and the study of the text being examined.

The study came to the conclusion whose most important results are: The rich mother is not liable to alimony of her young children; Wardship is the reason for obliging wealthy parents to pay child maintenance; That payment of the value of the share due for religious Islamic alm is permitted despite disliked.

The value cannot be permissible except for something financially valuable that can meet a poor person's need.