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Volume :21 Issue : 64 2006      Add To Cart                                                                    Download

Samples of Maghrib Maliki Jurists’ Efforts in Recording Juristic Accidents

Auther : Dr. Mubarak Jazaa Al-Habi

This paper addresses the efforts of Maghrib Maliki Jurists in recording juristic accidents. By accidents here I mean those occurrences and issues referred to the fiqh scholar to find a juristic ruling  known also as Ahkam, fatwas, processes and answers.

               

The Maghrib Maliki Jurists were skilled in recording juristic accidents which formed a huge fiqhi legacy that comprises various useful academic benefits related to principles of rulings and the methods of application. 

 

Maghrib Maliki Jurists here means those who were residing in the region of North Africa and Al-Andalusia.

 

The period of writing those books of accidents could be divided into three phases:

The first phase extended through the second and the third century.

The second phase extended from the forth century to the seventh.

The third phase extended from the eighth century to the present time.

 

The juristic cases were distinguished by certain characteristics:

  1. Realism, i.e. they were real cases.
  2. Local nature, being an outcome of a specific time, place and condition, not just theoretical or imaginable.
  3. Continuous renewal in content, in spite of being organized according to the fiqh topical order.
  4. Variation of authorship, whether in form or content.

 

The accident fiqh books are a major source of knowledge in various areas that offers useful information to Jurists, muftis, judges, politicians, historians, economists and others.

 

  The paper provides a list of the titles of those fiqh books of accidents of the Maghrib Maliki jurists hoping that this will be a way to more research about  them.                                                                 

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