The purpose of dispute resolution and its impact on legal rulings: A foundational and applied study in the Maliki school of thought

Abstract

This study examines the principle of "dispute resolution" as a fundamental pillar of Maliki jurisprudence. The school of thought, through its rules, aims to resolve disputes before they arise (preventively) or to end them after they occur (remedially), thereby promoting social stability. The research begins with a theoretical foundation that links this principle to major legal maxims such as "blocking the means to evil," "custom," and "consideration of differing opinions." It demonstrates how Maliki jurists prioritized resolving disputes when evidence conflicted. On the practical side, the study explores the impact of this principle on various branches of jurisprudence, particularly in financial transactions such as deferred payment sales, family law matters such as divorce and alimony, and judicial rulings through the expansion of "reconciliation" and "circumstantial evidence." The study concludes that Maliki jurisprudence did not confine itself to specific texts but rather directed its branches toward a higher goal: preserving social bonds and preventing discord. This makes this principle a flexible tool for addressing contemporary disputes in complex investment and social environments, underscoring the school's pragmatism and its capacity to achieve social peace.