الحرص على التأسي واثره في رد الشهادة في الفقه المالكي

Abstract

This study sough to determine the keenness of imitation and its impact on rejecting the witness in the Maliki jurisprudence, by explaining the concept of rejecting the witness to ensure imitation, and highlighting the obstacles facing witness and the reasons for its rejection in Maliki jurisprudence. The study employed the inductive, descriptive, inferential, and deductive approaches. The findings of the study showed that the witness of a corrupt person is accepted in everything unless in the case of corporal punishment, unless it made by mistake. Additionally, the witness of a person who intentionally killed another and was pardoned for the crime is not accepted, even if they repent afterward, due to suspicion of their in keenness of imitation. The study divided into preface section and two main sections. The preface section defined the research terminologies, while the first section outlined the obstacles to witness and the reasons for its rejection among the Maliki jurisprudence. The second section discussed the views of the Maliki jurisprudence in rejecting the witness to ensure keenness of imitation.

Key words: Rejecting the Witness, Keenness of Imitation, and Maliki Jurisprudence.