THE JURISPRUDENCE OF TRANSACTIONS: A MODEL OF THE INFLUENCE OF MALIKI JURISPRUDENCE ON ALGERIAN LAW
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Abstract
This study examines a key aspect in the development of Maliki jurisprudence, through the interaction of jurisprudential rulings with the practical challenges in the field of fatwas and judicial practices, highlighting the prominent role played by "al-Majariyat" as a facet of renewal in the Maliki school of thought. This rule is known for "what has been practiced" and "the jurisprudence of operations."
As Islamic Sharia rulings are a source of reserve law for the Algerian legislator, it is undeniable that Algerian law is influenced by and draws from these rulings, including those related to the jurisprudence of transactions. Therefore, the research aims to establish the jurisprudential basis and its practical application in Algerian law, emphasizing the enrichment of judicial rulings with fatwas related to the jurisprudence of transactions.
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