النوازل الفقهية في مراسلات الأمير عبد القادر للفقهاء

Abstract EN

Prince Abdelkader’s correspondence with islamic jurists or fouqaha is considered as an important historical and jurisprudential documents that tell some of the historical facts that Algeria has witnessed at the time .

Additionally, these documents reveal the most important jurisprudential cases that coexisted with Prince Abdelkader’s establishment of his state throughout its history of Jihad and Politics.

This study was presented to show these correspondences in terms of the people in concern and their answers to the questions of the Prince; the new jurisprudential cases that these papers contained, and the impact of these fatwas on Prince Abdul Qadir career of jihad and politics.

The most important of these jurisprudential tendencies can be summarized in the following cases : First: the provisions of dealing with some rebel tribes to obey the Prince and the punishment of spies and those who hide from them.

Second: the provisions of peace and trade with the French enemy.

Third: The provisions of the collection of financial resources for the army when the house of money is in deficit, and the ruling on the obligation of aid on the Muslims.

Fourth: Ruling on dealing with the ruler with his flock and his workers, and the provisions dealing with those who lag behind the alert, and what to do when preparing for war.

Fifth: The provisions of the stay in the areas under the control of the French occupation.

Sixth: Provisions for dealing with religious minorities in Algeria Seventh : Issues of the nature of the relationship between Prince Abdul Qader and the Sultan of the State of Morocco.

The impact of fatwas on the jihadist and political process of Prince Abdul Qader - which is an extension of the scope of the principle of shura in the political practice of the ruler - represents the proposal and the legitimate guide in the various issues and positions presented to Prince Abdul Qadir.

Although the jurists studied these issues in the old This is the case of their jurisprudential codes.

However, they continue to be evils in the era of the Emir deserving of their due diligence and consideration due to the appearance of circumstantial influences that may differ from what jurists have known in the past.