مراعاة الخلاف عند المالكية: تأصيله وتطبيقاته والفرق بينه وبين الخروج من الخلاف

Abstract

This research aims to clarify the concept of the consideration of different opinions in the Maliki school, explaining its meaning in language and terminology, its legitimacy and guidelines, the philosophy of working with it, and its significance. It also presents some of its applications in the branches of jurisprudence within the school.

Therefore, the research is divided into two sections. The first section deals with defining the concept of the consideration of different opinions in terms of its meaning in language and terminology, its legitimacy, guidelines, philosophy, and significance. The second section presents some applications of considering differences in the chapters of worship, personal status, and transactions, using both inductive and deductive methods.

The research concludes that the consideration of different opinions involves accepting the dissenting opinion when there is justification. It is legitimate according to various evidences from the Sunnah, the actions of the companions, and rational reasoning. It can be adopted based on several guidelines, and the Maliki school has numerous diverse applications of it in different branches of jurisprudence.