The preferred view the Maliki Doctrine A comparative jurisprudential study

Abstract

I presented the two issues under the title "The Preferred Opinion of the Maliki School," and as is known, the later Maliki scholars addressed various jurisprudential rulings, which covered various chapters, dealing with important issues that affect the lives of Muslims, and there is still a need to understand and apply them to reality; Because people's circumstances in our time are often affected by these rulings, especially as we address matters of transactions in their various aspects, including two issues addressed in this research by the Malikis, which they considered the preferred opinion within their school of thought. The first issue concerns the ruling on the sale of a trusting person who is not skilled in selling, and the importance of ensuring that he is not cheated in his sale and that people's interests are protected from deception and manipulation of their assets. The second issue concerns the ruling on gesturing during prayer due to a valid excuse outside the place of prayer, or outside the mosque or a suitable place for prayer, and the impossibility of facing the qibla during prayer for someone who cannot face it or turn towards it because he has lost his way, or because of the inability due to limited space, assuming that facing the qibla is one of the conditions of prayer. Since the impediments are due to a valid excuse, it becomes necessary to resort to the dispensation. This is what I have clearly explained in this humble research. After presenting the Maliki school's preferred opinion, I presented the views of the Hanafis, Shafi'is, Hanbalis, Zahiris, and Zaydis. Then, the Imamiyyah, through a comparative jurisprudential study, so that it becomes clear to us which opinion is the strongest in terms of argument and explanation, and the easiest for people, all of which is documented from the sources of authoritative jurisprudential works and references .