شرح الأحاديث المقرية للشيخ محمد باي بن عمر الكنتي ت 1348 هـ

Abstract

يعد باب الأقضية من أهم مسائل الفقه العملي الذي يعكس تناول الفقه لمختلف قضايا المجتمع ويحل مختلق الإشكالات المتعلقة بها

This thesis tackles an inquiry on a part of a very important manuscript written by Cheikh Mahamed Esghir bay Ben Amar Elkonti Alouafi 1348. The manuscript is about “ Charh Alahadith Elmakria” e.i” the explanation the read hadiths”. Cheikh Mohamed Esghir Bay Ben Omar Elkonti explained about five hundred 500 hadiths which were collected by the scholar Abou Abdelah Elmokri 795 Hijri in a written called by him: a work of medication for whom wants it, he uses it an introduction of his famous principles. Cheikh Bay studied the hadiths collected by Cheikh Elmokri in his book: a work of medication for whom wants it; as the first because, through my modest research, I didn’t find another explainer but cheikh bay. This manuscript of cheikh Bay became the most important book in it domain and a great reference in this science and furthermore it is a encyclopedia of the malikite doctrine especially in the azawad zone, for the author he has included a lot of point of views about the malikite doctrine by the citation on deferent questions according to the scholars of this doctrine. The study of this thesis focuses on the investigation of a part only of the last party from this manuscript and which includes these books: akdia( justice)- chahadat ( witnesses)- itk( slavery liberation)- hodoud ( legal penalties) diat, will , succession. The investigation of this manuscript is done through these important steps: 1- the writing of the text , its regulation and its reproduction correctly. 2- the attribution of the coran ayates and hadiths. 3- the citation of the authors of the sayings and the research of its original sources. 4- the citation of a brief biography for the personalities cited in the text. The investigation of this part of this manuscript is deemed the most important work in the thesis, in addition to the presentation of a brief biography about the author of the manuscript Cheikh Mohamed Sghir Bay Ben Omar, he is the explainer of hadiths and another biography on Cheikh the scholar Abi Abdelhah Elmoukri, he is the collector of hadiths explained by Cheikh Bay. The importance of these biographies is the definition of the scholars of our country: Algeria; from the north to the south, and their great role in the enrichment of Islamic sciences by high level books in the Arabic and Islamic framework. The present thesis shed the light on the dimension of thought rapprochement between the two great scholars Abi Abdulah Elmoukri and Cheikh Mohamed Bay; in this perspective the study tackles some points of view of the two Cheikhs on several questions occurred during their era, in addition to some of their fatwas. It is the clear evidence that they find their knowledge from one source in the genuine Islamic reference: the holy coran and suna of the messenger Mohamed peace be upon him. Lastly, the investigation of this part of manuscript on the explanation of read hadiths has unmasked a rich treasure of Islamic and Arabic heritage, whereas it deemed the best explanation of the doctrinal hadiths in the Maghreb, thus it is the doctrinal encyclopedia about the malikite tenet. Hence, the study in its end calls on the necessity to enhance the academic researches about all which are useful of our identity and Islamic reference in Algeria. Furthermore, this work invites to the achievement of global investigation on this manuscript and its development to an important reference learnt in the universities in the field of doctrinal hadiths and Islamic sciences. Our last invocation is thanks to Allah the most merciful and the most gracious.