The concept of `Mâ Jerâ Bihi Al-`Amal? in the tradition of andalusian maliki law as a deduction method in Maliki legal school

?Mâ Jerâ Bihi al-`Amal? it is a preference method which was developed in al-Andalus Maliki geography. This concept was appeared firstly as a term of `amal which is located in the roots of Maliki jurisprudential thought. But as the time passed, this concept became a basic method. However, there does not exist sufficient study about the concept of ?Mâ Jerâ Bihi al-`Amal?and its contents and its functions. The starting point of this thesis is to determine the nature of ?Mâ Jerâ Bihi al-`Amal? in the thought of Maliki jurisprudence. In this respect, the aims of this thesis can be stated as: ?How did the concept of ?Mâ Jerâ Bihi al-`Amal? come on the scene and become different in the historical concept??; ?What is the relation of the concept ?Mâ Jerâ Bihi al-`Amal? with the thought of Maliki jurisprudence??; What are the functions of the concept of ?Mâ Jerâ Bihi al-`Amal?in Maliki school of law ?In order to answer these questions, in Madhab in addition to a literature review, different information which is about contents and functions of this concept is included in thesis. Besides this information, in order to be understood theoretical part of this concept, Wansharisi?s al-Mi`yâr al-mu`rib that is a vast compilation of Andalusian and North African fatwas from the 3rd/9th to the 9th/15th centuries researched as case study. The basic reason of this very prefenence is that this al-Mi`yâr al-mu`rib. This book is very important in the history of Maliki jurisprudence.Within this framework, the results of the study show that this concept was existed actually and intellectually before 4th century when it came on the scene. Likewise, the concept of ?Mâ Jerâ Bihi al-`Amal? is suitable with the general characteristic of Maliki Madhab and it is more functional in a great many events than when it was appeared. On top of that, the concept of ?Mâ Jerâ Bihi al-`Amal?is a barrier in front of the legal chaos in order to provide legal unity in the law history. Finaly, the concept of ?Mâ Jerâ Bihi al-`Amal? played a great role in adaption of law to social changes.