المنهج المذهبي عند العلامة البشير بن محمد عبد الله الشنقيطي من خلال منظومته “نصيحة المقلد أن لا يسيء الظن بالمجتهد”
The one who look in depth to the Chinguiti Fiqh heritage finds that most of its famous scholars have reached the level of “Ijtihad” in their respective school (Maliki School); they have discussed, argued, and dent with the new matters in their lives using the rules of their own Madhhab (school) while benefiting from the vastness of proofs available in their school & figuring out how to extract rules from limited texts to new matters by contrasting the new matters to the old ones and texts by finding common denominators. This can be found through their judgments and extractions of rulings by choosing some view over others and even by going against what is “Mesh’hour” (well-known and said by the majority) in their own Maliki School justifying that for being a common benefit for the most of people) … or warding off a harm. However, and in many cases, they will stick with their own Madh’hab (school) following its way of using proofs and arguments and not to go away of that except in few cases while criticizing the one who wants to go out of this way in the harshest way.
This poetry/ book is classified among the books that defend the Malik School & its Founder (Imam Malik) and it may be among the few Chinguiti books that deal with (High disagreement) in order to give glimpse about the Fiqh disagreement in the Chinguiti territory in that historical period; which was full of knowledge & scholars.
Keywords: Maliki Method, Chinguitis El Bechir.
Ahmed Levram Sidi ALI BABE, Researcher in forensic sciences, Faculty of Arts and Humanities, Usul al-Fiqh, Ben Tofail University – MOROCCO.