About the Journal :
Journal of Islamic studies and thought for specialized research, a magazine working in the field of intellectual reform and knowledge, as one of the pillars of the project of contemporary Islamic civilization.
The magazine seeks to be a port for scientists, thinkers, researchers and intellectuals to work hard to reform the Islamic thought and methodology at the nation level, exceeding the boundaries of language and region, to serve humanity as a whole in order to achieve the greater goal of promoting the levels of human thought at the global level.
The Journal of Islamic Studies and Thought for Specialized Research aims at providing high-quality scientific research in order to provide an excellent scientific material. It is useful for researchers, intellectuals and specialists to form a scientific reference in the process of achieving our vision. The magazine undertakes to communicate with researchers and writers from different walks of life to promote their research and articles. Including the scientific movement and intellectual efforts in the field of reform and promotion of the system of human thought.
Dr. Abderrahman Youssouf ETHMANE
Abstract:
This research concerns the phenomenon of derivation of a fiqh branch, which consists of the analogy of unsaid opinion to an opinion mentioned by the Imam of the Madhhab (school of thought). The scholars of Maliki’s Madhhab have different opinions about the permissibility of this matter. Some of them opines that its permissible in case of sticking to the principles of the Madhhab. Others of them said that it is permissible whether in principles of the Madhhab or principles of others. The third opinion is prohibitingfiqhderivation in all cases.The researcher will discuss these opinions with the arguments of those who said them. He will also mention the relation of fiqhderivation with the obligatory of the opinion in the view of scholars of the Madhhab-. In all of that, the researcher is adhering to the descriptive method in presenting the opinions of the Maliki, in addition to the comparative method in comparing those opinions and giving preferring from them.
Keywords: fiqhderivation, the Maliki Madhab (School of Thought).