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مسائل مختارة من ترجيحات الإمام البزازي في الحدود والجنايات من كتاب الفتاوى البزازية / دراسة فقهية مقارنة

تضمن البحث التعريف بالإمام البزازي، وحياته العلمية، ومشايخه، وتلامذته، ومؤلفاته، ووفاته، وأربعة مسائل مختارة من ترجيحاته في الحدود والجنايات، والإمام محمد بن محمد بن شهاب بن يوسف (ت827هـ)، يُكنَّى بالكَردَرِيِّ الحنفي الخوارزمي الشهير بالبزَّازي، ويُنسب إلى كَرْدَر، وقد عرض في كتابه كثيرًا من كتب الحنفية، وذكر الكثير من آراء علمائهم مع تعرضه لبعض آراء المذاهب الأخرى. ولم يعتمد على التعريفات اللغوية والاصطلاحية، وقلَّما يذكر الأدلة الشرعية التي اعتمدها العلماء في آرائهم، واقتصر على ذكر الآراء فقط، واعتمد في كتابه على مصادر من سبقه من علماء الأحناف، وجعلها الأساس الذي اعتمد عليه في كتابه. أَمَّا تَرْجِيْحَاته الفِقْهِيَّة فَقَد رَجَّحَ الإِمَام الْقَوْلَ بِاشْتِرَاطِ إِخْرَاجِ المَسْرُوْقِ مِنَ الْحِرْزِ لِوُجُوْبِ الْقَطْعِ، وَعَلَيْهِ لَا يُقَامُ الحَدَّ عَلَى السَّارِقِ إِلَّا إِذَا أَخْرَجَ المَالَ المَسْرُوْقَ مِنَ الحِرْزِ، وَرَجَحَّ الْقَوْلَ بِأَنَّ النِّصَابَ الَّذِي يُوْجِبُ الحَدَّ عَلَى السَّارِقِ مُقَدَّرٌ بِعَشَرَةِ دَرَاهِمَ مِنَ الفِضَّةِ أَوْ دِيْنَارًا مِنَ الذَّهَبِ، أَوْ مَا بَلَغَت قِيْمَتُهُ ذَلِكَ، فَلَا قَطْعَ فِي أَقَلِّ مِنْ عَشَرَةِ دَرَاهِمَ، وَأَنَّ الأَصْلَ فِي التَّقْوِيْمِ هِيَ الفِضَّةُ، فَلَوْ سَرَقَ دِينَارًا لَا يُسَاوِي عَشَرَةً دَرَاهِمَ لَمْ يُقْطَعْ، وَرَجَّحَ الْقَوْلَ بِأَنَّ عَاقِلَةَ الإِنْسَانِ الَّتِي تَتَحَمَّلُ الدِّيَّةَ هُمْ أَهْلُ الدِّيْوَانِ، فَإِنْ لَمْ يَكُنْ لَهُ عَشِيْرَةٌ وَلَا دَيْوَانٌ فَبَيْتُ المَالِ، وَرَجَّحَ الْقَوْلَ بِأَنَّ مَا كَانَ مُقَدَّرًا فِي جِرَاحِ الحُرِّ وَالجِنَايَةِ عَلَى أَعْضَائِهِ، هُوَ مُقَدَّرٌ فِي الرَّقِيْقِ أَيْضًا، إِلَّا أَنَّ التَّقْدِيْرَ فِي الحُرِّ بِاعْتِبَارِ الدِّيَّةِ، وَفِي الرَّقِيْقِ بِاعْتِبَارِ القِيْمَةِ.

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Publication Date
Thu Dec 30 2021
Journal Name
College Of Islamic Sciences
Controls Scanning on the slippers: a study fiqhiat Comparison

 

 

Controls Scanning on the slippers a study fiqhiat Comparison

The subject of this research is an important topic, which is frequently repeated, and people need to know its wisdom, and has made it in front and the preface and three detectives, showed through discussion the meaning of the survey on the socks, its wisdom, its rules and conditions, and the duration of the survey on it, spoiled and reasoned and compared to the doctrinal doctrines, And the most correct statement of words I have concluded with a number of things, as follows:

  1. The need to ensure that the slippers are clean, visible and inwa

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Publication Date
Thu Nov 30 2023
Journal Name
المجلة العراقية للبحوث الانسانية والاجتماعية والعلمية
Issues of contemporary jurisprudence

Islamic jurisprudence is a divine approach capable of confronting all developments that occur in human society and giving appropriate solutions to them. The research discussed opinions related to some contemporary issues according to the rule of no excess or negligence and according to the rules of removing hardship and facilitating in order to reach the appropriate legal ruling for the nature of the situation to which it may be exposed. Man is in paradise, and the research emphasizes the necessity of taking into account the aspect of precaution when deciding on issues, such as the rules of change and the removal of embarrassment

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Publication Date
Wed Dec 30 2015
Journal Name
College Of Islamic Sciences
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Publication Date
Wed Mar 30 2016
Journal Name
College Of Islamic Sciences
The provisions of taking the mother's fare breastfeeding comparative jurisprudential study

This study aimed to clarify the provisions of taking the mother for breastfeeding in Islamic jurisprudence, a comparative study between doctrines of jurisprudence. The ruling on forcing the mother to breastfeed, and the ruling on taking the mother for breastfeeding while she is in the infallibility of her husband, as well as in several reactionary divorces, and the ruling on breastfeeding in several divorced divorces. On breastfeeding in infallibility Face, as well as a several divorce reactionary, and worth the fare which is in several final divorces, and after the end of the marital relationship, has been proposed a number of recommendations, including it, is recommended to teach the provisions of the mother taking the taxi on breastfe

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Publication Date
Mon Dec 30 2019
Journal Name
College Of Islamic Sciences
Issues Among the provisions of the use of the mosque and its dependencies

God Almighty set out to build mosques, and he commanded to seek their architecture, and the competition for them, and allocate them with types of worship that are not valid in others, and to preserve their sanctity and not to be degraded and taken for mundane purposes and special benefits, because they are considered one of the most prominent features of Islam and the rituals of Islamic society, so this research came to show the rule Sharia in various and contemporary issues that are needed by the imams of the mosques, their rulers, and those responsible for them. Among the issues in which they have examined comparative juristic research and reached the most correct opinion are:
Building mosques over or under buildings and factories i

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Publication Date
Sat Mar 30 2013
Journal Name
College Of Islamic Sciences
 Sheikh Imam Al-Alai women

The research aims to introduce the elders of Imam Al-Ala who died in the year 761 AH. The study showed the prominent role of women in the eighth century AH in the sciences in general and in the hadith in particular. The woman did not depart from the call of divine education in the Almighty saying: Read in the name of your Lord who created * created mankind * created mankind * And your Lord, the Most Generous, who taught with the pen * taught man unless he knows the captive of verses 1-5.
        Families in that era had a prominent role in this concern, especially parents. They were attending boys and girls since their childhood, the lessons of scholars, and the benefit of science, and they were

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Publication Date
Wed Jan 30 2019
Journal Name
Journal Of The College Of Education For Women
Attitude The King Ghazi a Problem the Border with Kuwait 1933-1939

King Ghazi (1933-1939) was of the Arabic characters that characterized national and
patriotic spirit and that faced the British policy in all its aspects.
King Ghazi distinguished as of Arab nationalist tendencies and called for the
liberalization of Arab lands which were under the rule of the Ottoman Empire. He called for
reunification under the one Arab country, Hence came the King invitations to liberate Kuwait
from the British protectorate and consolidated with Iraq.
King Ghazi established a private radio station in the royal palace (AL zzaahoor) palace
and provided special programs to return of Kuwait to Iraq, this radio station was The
prominent role in the revitalization of the Kuwaiti National Movement, an

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Publication Date
Sun Jul 07 2019
Journal Name
Journal Of Legal Sciences
Provisions of Periods in the Matters of Personal Status and the Extent of the Judge's Power to Amend Them “Comparative Study”

Most modern legislations seeks to regulate the provisions that guarantee the stability of marital life, and that the Iraqi legislator along the lines of such legislation has ensured the stability of married life, therefore, he started to regulate the matters related to it, and in order to achieve these issues and the desired objectives, he adhered to limit these issues to periods that the parties must take into consideration when exercising these rights because they have serious effects that may lead to loss of these rights if they are not observed . In addition, the periods of personal status issues are divided into the considerations to several divisions included the related to their impact in terms of being constructing of the rights

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Publication Date
Tue Oct 23 2018
Journal Name
Journal Of Economics And Administrative Sciences
Comparative study of between P chart and Multinomial Fuzzy quality control chart ( FM).

Quality is one of the important criteria to determine the success of product. So quality control is required for all stages of production to ensure a good final product with lowest possible losses. Control charts are the most important means used to monitor the quality and its accuracy is measured by quickly detecting unusual changes in the quality to maintain the product and reduce the costs and losses that may result from the defective items. There are different types of quality control charts and new types appeases involving the concept of fuzziness named multinomial fuzzy quality control chart (FM) , dividing the product to accepted and not may not be accurate therefore adding fuzziness concept to quality charts confirm and a

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Publication Date
Tue Jan 03 2023
Journal Name
College Of Islamic Sciences
Ruling on selling big data (Authentical Fiqh Study): Ruling on selling big data (Authentical Fiqh Study)

Abstract:

Research Topic: Ruling on the sale of big data

Its objectives: a statement of what it is, importance, source and governance.

The methodology of the curriculum is inductive, comparative and critical

One of the most important results: it is not permissible to attack it and it is a valuable money, and it is permissible to sell big data as long as it does not contain data to users who are not satisfied with selling it

 Recommendation: Follow-up of studies dealing with the provisions of the issue

Subject Terms

Judgment, Sale, Data, Mega, Sayings, Jurists

 

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