"Ahkam El-buniän" and the stakes of their codification

Abstract EN

The issue of the codification of «abkam » (rulings), revealed in fatwas is still a subject of controversy between opponents and supporters.

a fatwa, is to inform the legal ruling without obligating it.

the deduced ruling may be different on the same issue, according to each of the Islamic schools of thought, or even different in some cases, within each school.

it also changes according to time and place circumstances and the specificity of the case.

in terms of construction and architecture, these differences provide the urban community and its neighbours with a free space that can be easily directed according to social and economic interests.

space is negotiated and shaped in accordance with the objectives of sharia on the one hand and social development on the other.

this paper examines the issue of codifying "Abkam el-Bunian”: the possibility of benefiting from the pros of rationing and not being exposed to its cons.

it also addresses the question of its updating and its impact on construction management and the production of urban models.

the question to be asked is: why has el-Ahkam never been codified before in the history of Islam.

at the end of the 19th century, the French civil code influenced the ottoman state, which undertook the codification of the rules of jurisprudence (Qawa'id al-Fiqh), and "Abkam el-Bunian ", in particular.