What Is Practised: Fundamentals And Applications - Selected Models

Abstract

This research aims to shed light on one of the practical aspects of jurisprudence in the Maliki school in the Islamic West, commonly referred to as "what is practiced" (ما جرى به العمل ). It is also known as the jurisprudence of current practice and operational jurisprudence. In this school, it has become customary to prefer the opinion that is practised over others, even if these opinions are known or sound, provided that the necessary conditions are met, in order to maintain the stability of rulings among the public. Thus, this research provides a foundation for this principle, accompanied by practical examples that demonstrate its effectiveness in addressing contemporary issues. The research concludes that what is practiced is a type of purposive reasoning that reinforces established rules that combine textual sources with attention to their underlying spirit.