مرجعية "ما جرى به العمل" في الفقه المالكي بين أصول المسائل واستثناءات النّوازل

Abstract

this text curs a route of observation and fucos on Maliki jurisprudence at the late muslim areas, when the later was known by the term as(the habitual aplicable Islam) of the provinces of the Islamic institutions which are based on weak sayings of scholars and offset by a famous saying that is originaly more true which is abandoned due to changes in custom or a new avent ; if committed itself to the famous missed interest sayings they may waist the utiliy and benefit of some afairs , and it is required in the -jurist (Faqih) conditions: *Be diligent in Maliki Mayorb(approach). *Aware of what had been aplicated by more than one famous trusted muslim-scientist. *Knowing the reason of replacing famous sayings by weak ones in necessity. This is the opinion of many scholars, starting from the later fourteenth century AH,however there is another stream of Maliki jurists(Fakihs) who do not see the need for the use of weak ones , but only if it had been by the work,for the origin in building advisory opinions have in fact to be based on strong sources , only to the famous strong ones. With the caveat that what has been done in work should be confined to the place flows at, and the people of it’s time and not for others who do not share with them the same conditions . What we see of copying habitual aplicable in some afairs that invaded the muslim community obliged scientists to subject and give up, like the subjection for the work of the people of Cordoba days of the Islamic period, or to the work of the city of Fas depending on the strength of impact of this cities than the other cities