المجلة الجزائرية للبحوث والدراسات التاريخية المتوسطية
Volume 1, Numéro 2, Pages 109-118
2015-12-01

أسئلة أهل المغرب الأوسط إلى علماء الأمصار عرضٌ تاريخيٌ في طبيعة المستفتي و نوازعه الدينية

الكاتب : شـخوم سعدي .

الملخص

Most of studies and personal researches of what is known as Fatwas for the Orient people and Nawazil for the Magheriban were characterised by their focus on the text of the Fatwa considering its jurisprudential effect and on the nature of the Mufti who is characterised by his impact both on his followers of his students and the beleivers of his doctrine. Never theless, the personal studies of the Mufti are few inspite of their importance. This abstract has aimed to focus on the raquester’s question which plays a crucial role in highlightening an important aspect of the religious, political and economical conditions in the Maghreb Center area in a specific way and in Maghreb in a general way. And may be the most important feature of these questions is the mentioned diversity and its impact on the Mufti’s answer where most of the Nawazil were on the same doctrine of the Mufties.These questions have given a certain image with certain characterised that the Maghreb Center has taken into consideration in some doctrinal matters such as violating the Jurisprudents in burning books of Abi Ḥāmīd El Ġazāli ( 450-505 AH/ 1058 -1111AD) And in the aspect of governing issues ,we find their tribalism position in the political conflict where it has emerged a kind of resentment to the influence of some tribes on Sultan and their attempt to reduce this phenomenon. In the economical side, Awqaf has emerged as an important phenomenon in the economical fluctuations for its relation with the possession issue which is related to historical aspects back to the conquest period. And the polotical ones related to the conflict of countries that Maghreb knew. This study remains, after all, an attempt to highlight what was already said since most of the requesters were Jurisprudents themselves and sought a victory for their religious attitudes by referring to Mufties who are higher in doctrinal diligence concerning the mentioned matters. Especially, in the conflict between Almoravid dinasty (448 -668 AH /1056 -1147 AD) and Hammadid (398 – 547 AH/1007-1152 AD ) dinasty and later against Almohad distany (487 -558 AH / 1094 – 1163 AD). This abstract can,on the other hand, open a new effort in Fiqh through controlling the doctrinal questions and Fatawa in its social and environmental framework .

الكلمات المفتاحية

أسئلة أهل المغرب الأوسط إلى علماء الأمصار عرضٌ تاريخيٌ في طبيعة المستفتي و نوازعه الدينية