Maliki Fiqh and Its Foundations

In the framework of advancing the university’s scientific mission and the urgent need for specialties that align with the university’s aspirations and the country’s current stage, which requires the university to connect with its external environment and contribute with its scientific competencies to the integrated developmental domain of society, the following was proposed:

In response to the aspirations of the Department of Fiqh and Its Foundations at Emir Abdelkader University to fulfill its mission, and to implement the Ministry of Higher Education’s recommendations for developing university scientific research, the opening of a third-cycle doctoral program under the LMD system titled Maliki Fiqh and Its Foundations was proposed.

The training content in Maliki Fiqh is based on studying Maliki jurisprudential heritage both fundamentally and in its branches, with an approach that benefits from it in new jurisprudential issues through a research methodology integrating both substantive and formal dimensions. This allows balancing between the various juristic opinions within the school and assessing their evidences according to the principles of the school’s Imam and their jurisprudential implications. The training also aims at evaluating and renewing the methodological principles in Maliki jurisprudence to serve contemporary Islamic jurisprudence.

The program also covers studying contemporary jurisprudential issues in light of the Imam’s school in areas such as financial transactions, worship, and family, comparing between the jurisprudential opinions within the school and other Islamic schools to determine the most sound opinions.

It seeks to open horizons for research and study in Maliki Fiqh through critical, analytical, and in-depth jurisprudential approaches, responding to the school’s aspirations by addressing its issues with academic research and discussions on contemporary life challenges in various aspects, aiming to serve scientific fields and embody the interconnection of the school’s jurisprudential concepts with real life developmentally, politically, economically, and educationally, contributing to the university’s role in proposing programs, visions, and projects that form a foundation for future generations to preserve jurisprudential references.

Objectives:

• Contribute with scientific jurisprudential research and legal studies on contemporary issues and problems in various fields.
• Revive the Maliki jurisprudential heritage and help preserve the doctrinal reference for the Algerian nation.
• Highlight the efforts of the Maliki school in dealing with new issues and employing them to address contemporary problems.
• Examine the methodological principles used by the Malikis in jurisprudence and their legal reasoning methods to suitably address contemporary issues, especially in economics, modern banking transactions, and personal status law.
• Study the jurisprudential rules and theories employed particularly by Maghrebi Malikis in jurisprudential application and assess their suitability for contemporary issues.
• Understand the jurisprudential disagreements within the Maliki school and their distinctiveness in dealing with new issues.
• Develop students’ skills in criticism, comparison, and reconciliation between jurisprudential, legal, and methodological views, and promote a culture of diversity and tolerance.
• Enhance and deepen students' knowledge skills in Maliki Islamic jurisprudence and its foundations, in comparison with other jurisprudential schools, particularly in legal jurisprudence and human rights with its violations affecting legislative faculties and life necessities.
• Contribute to applying contemporary jurisprudential ijtihad mechanisms based on the principles and rules of the Maliki school.
• Highlight the richness of Islamic jurisprudence in its various schools and directions, and its capacity to accept jurisprudential diversity and engage with contemporary issues and developments.