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.
It is no secret to anyone that studying and investigating books of jurisprudence, despite their suffering, is a pleasure that cannot be compared to pleasure, and it has benefits and importance that cannot be limited and summed up, and it has great fruits that researchers and students of knowledge reap, as well as enriching libraries with jurisprudential material, after dusting them and taking them out to the light of libraries to be seen. Researchers and scholars, generation after generation, so that this nation can benefit from this pioneering intellectual and scientific product that was written for us by our first ancestors of working scholars who enriched human civilization with this scientific material, which has become a beacon guid
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Praise be to Allah and prayers and peace be upon our Prophet, Muhammad, his family and all of his companions,
This research addresses the issue of judge's preaching to the litigants and witnesses; it is a very significant issue since the judge cannot know the insides and facts, but it issues judgments based on the hearings. Since people are originally wrong-doing and ignorant, they, therefore, commit injustice, oppression, false adversarial, and false testimony. However, some people can possibly retreat and return to the right, after being inattentive or recalcitrant, by preaching. This fact led scholars to talk about the judge's preaching to litigant and witnesses and this research is conducted
... Show MorePolice play an important role in any society. Where they maintain public order by stopping and deterring crime and bringing criminals to justice. In order to achieve these objectives, they have certain means of law (search, arrest, use of force that may be lethal in some cases). However, such means may be misused in a way that harms members of society such as (Exceeding the Scope of a search warrant, violation of privacy of individuals, False Imprisonment, Excessive use of force, Sudden Deaths in custody, Sexual Assault and Harassment, Failure to respond for Domestic violence calls), which raises the civil liability of police officers and their agencies for such damage. Police officers may even abuse their characteristics even outside offic
... Show MoreThe search in these subjects makes an importanl accomplishment in the study of the scientific life in that (era) specialy what the wonen had from a scientific and social level in that(age) the studies of the scientestis which were brilliant in the this era never hed the same as the first scientests . because of the common mistakes toward some resesrchers
Objective(s): To evaluate and compare between Health Promotion Program for the Prevention of Epidemics at Primary Health Care Centers in Baghdad City.
Methodology: A descriptive study, using the evaluation and comparative approaches, is conducted to evaluate health promotion program for the prevention of epidemics at primary health care centers in baghdad city from October 15th 2019 through March 1st 2020. A purposive, non-probability, sample of (42) health promotion unit officers were recruited from the same number of primary health care centers which were divided into (14) main, (14) sub and (14) family medicine primary health care centers i
... Show Morethis research has discussed some social phenomena in lslamic society through the book of the unique contract of lbn abed rabbi al-andalusi. ln the beginning , he gave an account of his life.
The study aimed to identify the degree of academic leaders practices at the University of Northern Border for creative leadership, which attribute to different variables (nature of work, employer, gender, years of experience in administrative work at the university). To achieve the goal of the study, the researcher used the descriptive approach survey. Therefore, the researcher used a questionnaire as a study tool, which consisted of (40) items that included dimensions (sensitivity to problems, initiative, originality, flexibility). The study sample consisted of (240) participants included (agents of colleges, and supporting deanships, and their employees) during the second semester of the academic year 1439/1440 AH. The results showed t
... Show MoreThis paper deals with defining Burr-XII, and how to obtain its p.d.f., and CDF, since this distribution is one of failure distribution which is compound distribution from two failure models which are Gamma model and weibull model. Some equipment may have many important parts and the probability distributions representing which may be of different types, so found that Burr by its different compound formulas is the best model to be studied, and estimated its parameter to compute the mean time to failure rate. Here Burr-XII rather than other models is consider because it is used to model a wide variety of phenomena including crop prices, household income, option market price distributions, risk and travel time. It has two shape-parame
... Show MoreReceipt date:06/23/2020 accepted date:7/15/2020 Publication date:12/31/2021
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The executive authority differs from one country to another, as it differs from a federal state to another according to the nature of the applied political systems, so this research focused on federal states according to their political systems, then going into the details of the executive authority and its role In the federal states by referring to the four federal experiments
... Show MoreDoctrinal responses
On the fabrications of succor
Tamimi