قاعدة الاحتياط و تطبيقاتها لدى المالكية أصحاب الاتجاه الفقهي في التفسير

Abstract EN

This research is meant to shed some light on the Jurisprudentially-Oriented Maliki Scholars of Hadith who are extremely attached to the principle of precaution as they are aware of its importance and role in avoiding misunderstandings and misinterpretations of the Hadiths.

This paper is also intended to highlight the importance and the dire need for the principle of precaution in our modern days in order to ensure the soundness of faith, the performance of worships as well as the daily matters of the Muslims.

As far as my research is concerned, I have followed the investigative method which tracks the widespread individual narrations.

Also, I have presented practical instances of the opinions of exegetes on hadith and their disagreements over a particular case as opposed to Maliki interpreters’ position and their recourse to the rule of precaution to emerge from controversy.

I have also concluded that despite their disparity in interpreting hadiths and despite their conflicting interpretations concerning minor cases, renowned interpreters and leading scholars hated dissension and clash for fear of tribulations and in pursuit of the unity of the Muslim Ummah.

Moreover those great leaders of the Ummah have so extensively taken into consideration the various views in their assiduousness that it has become for some of them a fundamental source of fatwa.

Unquestionably, their choice was not devoid of frivolity, but was rather based on a grounded conviction that the rule of precaution could save the Ummah from a lot of troubles related to sectarian intolerance.

However, what probably concerns our scholars mostly nowadays are the novelties that have emerged from the ideological, cultural and economic invasion following the recent global changes in many fields, which in turn has pressurised and confused the investigators.

So in the end, it is only safe to assume that, more conferences and seminars need to be held in order for the Muslim scholars to be able to discuss and agree upon the right ways of interpreting and understanding the texts.

Only then, would the pressing questions of our modern world be answered and the rule of precaution could be solidified.