التعليل بمكارم الأخـــلاق في الفقه المالكي بين النظرية والتطبيق

Abstract

This research explores the significance of moral virtues in Islamic legislation and examines the extent to which jurisprudence and ethics are interrelated within the framework of Maliki jurisprudential classification. Through the topic of justification based on moral virtues in Maliki jurisprudence, both theoretically and practically, this study highlights one of the crucial approaches that illustrate the integration and overlap between jurisprudence and ethics. It particularly examines how some Maliki jurists directly apply moral virtues within certain jurisprudential issues, embodying an ethical activation. The study sheds light on the path of moral justification, presenting the concept of ethics, its relationship with legislation, and the attention Maliki jurists have given to ethics. It further explores the place of moral virtues within legislative interests and the extent to which they serve as a basis for reasoning in jurisprudential matters by examining several case studies where moral virtues have been used as a basis for reasoning in specific issues.