مسائل سجود السهو التي بناها المالكية على مراعاة الخلاف: جمعا ودراسة

Abstract EN

The Malikites were unique in the principle of the disagreement observance, and they built on it some of their jurisprudential branches.

among these branches are those that fall under the section of prostration of forgetfulness.

this article is entitled “matters of forgetfulness prostration that the Malikites built on the observance of disagreement, collecting and study” to uncover these branches, demonstration, clarification, manifestation their rulings and indicate the observance of disagreement reason in them.

in order to achieve this, I enquired into the matters of forgetfulness prostration that the Malikites built on the observance of disagreement from the books of the Malikites, and then I divided them into two parts and studied it a jurisprudential study that clarifies the opinion of the Malikites and the opinion of the dissenters supported by evidence, indicating the observance of disagreement reason of the Malikites scholars in them.

the research concluded that the observance of disagreement is required by necessity and need for Malikites in order to prevent the nullity of the contract and the invalidity of the work, and they applied it in eight matters in the chapter the observance of disagreement.