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.
Abstract
Prais be to Allah the Lord of the Worlds and prayers and peace be upon our faithfull Prophet …. I wrote this Research entitled (The Imam Shams AL-din Abdulrahman Bin Qudamah AL-Maqdsi (died: 682 A.H) Slections in Slections in proving contract annulment choice (AL-tassriah)and its duration which Iclarrified the reason of choosing this title and my method in writing Morever, a brief Overriew of the life of Imam Shams AL-din Bin Qudamah and the meaning of (AL-tassriah)and whether it proves to the buyer to return it, beside the duration which (the tassriah) proven, and a conclusion in which I showed the results I reached and some recommendations that some researchers in the field of Jurispruden
... Show MoreWheat straw was modified with malonic acid in order to get low cost adsorbent have a good ability to remove copper and ferric ions from aqueous solutions, chemical modification temperature was 120°C and the time was 12 h. Parameters that affect the adsorption experiments were studied and found the optimum pH were 6 and 5 for copper and iron respectively and the time interval was 120 min and the adsorbent mass was 0.1 g. The values for adsorption isotherms parameters were determined according to Langmuir [qmax were 54.64 and 61.7 mg/g while b values were 0.234 and 0.22 mg/l] , Freundlich [Kf were 16.07 and 18.89 mg/g and n were 2.77 and 3.16], Temkin [B were 0.063 and 0.074 j/mol and At were 0.143 and 1.658 l/g] and for Dubinin-Radushkev
... Show MoreThe main objective of the central bank is to achieve price stability and target in fractionates. Therefore, the bank sought to use modern tools and policies in order to reduce the negative effects of the accumulation of foreign reserves represented by monetary sterilization, similar to developed and developing countries alike, but with different available tools that are possible and imposed by the local financial and monetary environments, such as the window for buying and selling foreign currency, open market operations and deposit facilities. And lending existing. Because any in crease in the monetary base resulting from the accumulation of foreign reserves will affect price stability directly due to the consumer nature of the
... Show MoreIt is summarized that Abu-Baker Al-Soly is one of Arabic Muslim scientists who had special style in literary writing specifically in sciences and knowledge that had depended on the encyclopedia culture gained from various fields of science , this means that he was an individual who had participated to characterize features of Islamic –Arabic history enhanced the rules of it , this matter would encourage us to know the method and style of writing in the field of intellectual life in which the writer depended on the procedures direction of scientists that he lived in the Abbasid era .
This study takes its importance in the area of systemic and historical
studies because it stands on presenting such aspects from the systematic
respect and now Ibn AL-Jouzy dealt with the text of this subject and how he
was exact in telling them.
Therefore, this study sheds light on the important aspects of this
method in his book through reading and studying such texts whether they had
direct or indirect relationship with this subject.
This study is not an easy task since it is based on contriving the
intellectual aspects in the methods of lbn AL-Jouzy and how he deals with the
text of this subject in its hygienic, natural and geographical aspects in
constructing a historical method in most scripts, the gen
This research aims at investigating pupils’ ability in using discourse markers which are identified in the English textbooks of secondary schools. Four texts are chosen from third intermediate class. The four texts are short stories of different topics.
This research hypothesizes that there are no statistical significant differences among Iraqi intermediate pupils’ ability in using textual
... Show MoreCollection Ibn al- Tqtqy in his book Emeritus of Arts Bowl and Islamic countries, between politics and ethics, as it included a set of tips and moral values related to the measure of political and submitted to the kings and princes
Study of Direct Marketing techniques and determining the scope of the suitability of each of them in the application in the Iraqi market - An analytical and explorative study for sample of views for wholesaler in Baghdad. The essential idea of the research is to go into the most important concepts which have been mentioned in the direct marketing and determining its current and most important techniques and knowing the scope of applying these techniques in Baghdad main markets (Karrada, Jamilah, shorja, Baya area, zeyouna and new Baghdad) and which of those techniques most applicable in these markets. The research took a sample of (100) wholesalers who practice the activities of selling nutritional items, auto and outs spare part
... Show MoreThis work, deals with Kumaraswamy distribution. Kumaraswamy (1976, 1978) showed well known probability distribution functions such as the normal, beta and log-normal but in (1980) Kumaraswamy developed a more general probability density function for double bounded random processes, which is known as Kumaraswamy’s distribution. Classical maximum likelihood and Bayes methods estimator are used to estimate the unknown shape parameter (b). Reliability function are obtained using symmetric loss functions by using three types of informative priors two single priors and one double prior. In addition, a comparison is made for the performance of these estimators with respect to the numerical solution which are found using expansion method. The
... Show MoreThere are many harmful acts that occur from drunkards in this case, especially those resulting from car accidents. The world is witnessing dozens or even hundreds of car accidents due to alcohol consumption. These accidents often result in serious injuries that could lead to the death of the drunk driver and those in the car As well as other persons present in the other vehicles with which the incident occurred or pedestrians on the street, as well as damage to private or public property, and if the order of return of the affected persons on the pretext of civil liability (tort) is made as a direct cause of the harmful act, Is entitled Do they like this refer to the liquor seller or their provider as the culprit? Or are they not related to
... Show More