حكم تصرفات السفيه المعني بفترة فبل الحجر في المذهب المالكي

Abstract

Dispositions of pre pre- interdicted spendthrift Person has been an appealing topic to scholars despite thier different doctrines namely The Maliki. Thus, the researcher was motivated and the topic was adopted as a research theme. Nonetheless, the dispositions of pre- interdicted spendthrift Person were generally assembled to the dispositions of spendthrift careless person; despite the variety of interdicted types cited in scholars various sources especially in Khalil’s short descriptions. Hence, the reasons for this assembling have been explored to explain the relationship between the named interdicted dispositions. Besides, the research article includes the following items: setting a pre- interdiction period; determining the characteristics of spendthrift in this period; explaining the Maliki’s reasons of controversy on the dispositions of pre- spendthrift person. The results have shown that the pre- interdiction period was set due to carelessness. Moreover, it has been concluded that the Maliki might have considered a interdicted person to be an adult male who was proven to be interdicted. Furthermore, the scholars controversy over the statute on the interdicted dispositions is due to their famous difference, whether the disposition is a result of interdiction or guardianship