Umm Al-Qura University

Umm Al-Qura University

Taking into Account the Disagreement among The Malikis and Its Impact on Substituting Rulings in The Chapter of Model Marriage


- 2024/12/29

Dr. Ahmed Mohmmed Alfatih Mansour Alsideeg*
Assistant Professor, Department of Jurisprudence and its Principles, Faculty of Sharia, The University Of The Holy Quran and Taseel of Sciences, Sudan
Issue: 98 | Pages: 47-60 | September 2024 |https://doi.org/10.54940/si42141472|PDF
Received: 11/4/2023 | Revised:16/6/2023 | Accepted:9/7/2023
*Corresponding Author:[email protected]


Abstract
Observance of the dispute is one of the principles that the Malikis are famous for, while it has been accepted by others, which results from its application following whitening legal judgment, and this research is the rule of taking into account the disagreement among the Malikis and its impact on substituting rulings in the “Chapter of Model Marriage”. In the chapter, the study aimed to link between observance of the dispute and whitewashing judgments, I reached the breadth of the concept of whitening among the jurists and fundamentalists, that substitution occurs from the legislator, the commissioner and the mujtahid, taking into account the disagreement brings the jurisprudential schools closer, subtraction is one of the ways to take into account the disagreement. The study recommended paying attention to interdisciplinary studies inside and outside the science of jurisprudence, expanding the study of substitution due to its great usefulness.

Keywords
Observance of the Dispute, Whitening, Chapter of Marriage, Malikis, Legal Judgment.

How to Cite
Alsideeg, A. (2024), Taking into Account The Disagreement among The Malikis and Its Impact on Substituting Rulings in The “Chapter of Model Marriage",Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies,Issue. 98. pp.47-60.https://doi.org/10.54940/si42141472

License
1658-8738/© 2024by the Authors. Published byJ. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud.This is an open-access article distributed under the terms and conditions of thehttps://creativecommons.org/licenses/by-nc/4.0/Creative Commons License

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