حقيقة الخلاف في حال و الخلاف في شهادة و أثرهما في ضبط الخلاف في المذهب المالكي

Abstract EN

This research focuses on a kind of divergence mentioned by the Maliki and called: the disagreement on the conditions and disagreement in viewpoints.

The difference between these two types in terms of imaging: the adoption of the conditions in the first, and the adoption of testimonials in the second, and in each of them the presence of two cases where the judgment varies.

The results showed that it is just a verbal divergence is related to the habits and people's goals with time and place.

This is why the Ulema have warned about the need to consider these statements of fact and examine them closely before announcing judgments.

This term has rendered a great service to the Maliki doctrine in such a way that it has submitted the various criteria set out in testimonials and facts, which resulted in a settlement of doctrinal disputes