Classification of jurisprudential issues according to Maliki jurists in the eighth century AH

التصنيف في النوازل الفقهية عند فقهاء المالكية في القرن الثامن الهجري

Abstract

The jurists of the Maliki school took care to classify calamities according to various considerations, either according to the subject. They divided calamities into different branches of jurisprudence, which made it easier for jurists to understand calamities and work on their solutions in a systematic manner. They also classified calamities according to time, which contributed to the history of jurisprudence and determining the effect of time on developments. Jurisprudence, and finally, they classified calamities according to place, separating between Levantine, Egyptian, and Moroccan calamities, a classification that reflects the geographical and cultural diversity that affected jurisprudential issues.

The Nawazil writings that were witnessed in the eighth century AH by the Maliki jurists in the Islamic West constituted this scientific effort in answering people’s questions and in linking jurisprudence to living reality. In addition, they constituted - in addition to that - an important shift in the field of jurisprudential codification in general, in terms of highlighting the characteristics and advantages of society in the West. Islamic events, as these catastrophes brought together a number of facts that people experience within society and coincide with their daily lives.