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jcois-1591
The Juristic Rulings Concerning Those in Debts
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Abstract:

This research aimed to shed light on the juristic rulings concerning those in debts. It adopted the inductive approach, the analytical approach and the comparative approach. It tackled the following issues: definition of Zakat, the channels of paying Zakat, definition of those in debts, types of those in debts, those in debts who are not entitled to take Zakat, their cases, spending money by those in debts if taken by those in debts and the poor, and when those in debts become rich before paying their debts, and the ruling on paying the debt of the dead indebted from the Zakat money.

The most important results of the research are as follows:

Muslim jurists divided those in debts into two types: first: the one who is indebted for the benefit of anyone else. Second: those who are indebted for reclaiming oneself. The right opinion is that if those in debts become rich before paying their debts, they must return money to the ruler or to the one from he took. If not, he should pay it in the channels of Zakat. Those who have not enough income should not borrow to establish a factory, a farm, and so on because the Zakat is given to the poor to meet their dire needs rather than increase wealth and become richer. Those who are indebted for the benefit of themselves and who can earn their living should not take from Zakat money if they can pay their debts from what the money they earn or if the debtor grants them time till it is easy for him to repay. Additionally, those who have money either cash or real estate can repay from it. When some of those who are entitled to take Zakat take it in a particular case, but now they are not as such, they should not return the Zakat. However, if a particular group became not entitled to take Zakat, they should return the Zakat.

Keywords: juristic rulings – the channel of those in debts.

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Compensation those affected by technological development risks within the scope of medical works
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 compensation those affected by technological development risks within the scope of medical works.       

The unprecedented technological development the world witnesses nowadays has been providing brilliant medical service to the human being including examination, diagnosis and the treatment or follow up.

However, such works hide behind potential risks threatening people's lives and such risks my be discovered within the limits of now – how and technical knowledge prevailing the time of rendering the medical service. Also this the question is raised on how to keep up between the safety of the patients and such risks are being unknown by the provider and questioning them contradic

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Publication Date
Fri Jun 01 2018
Journal Name
Journal Of Legal Sciences
Compensation those affected by technological development risks within the scope of medical works
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those affected by technological development risks within the scope of medical works. The unprecedented technological development the world witnesses nowadays has been providing brilliant medical service to the human being including examination, diagnosis and the treatment or follow up. However, such works hide behind potential risks threatening people's lives and such risks my be discovered within the limits of now – how and technical knowledge prevailing the time of rendering the medical service. Also this the question is raised on how to keep up between the safety of the patients and such risks are being unknown by the provider and questioning them contradicts the justices. subsequently, can the patients (affected) acquire the compensat

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Publication Date
Sun Dec 31 2017
Journal Name
College Of Islamic Sciences
Jurisprudential applications to restrict permissible in Islamic jurisprudence
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Research summary

 


Muslim scholars have established fundamental rules for deriving rulings to be a methodology for every mujtahid who wants to extract rulings from his reliable sources, and one of the most prominent fundamental rules on which many rulings are built is the permissible and the many rulings related to it.

Leaving what is permissible on its own terms sometimes causes embarrassment and distress in some cases, so we need something that restricts it. In our Islamic law, many legal rulings are embodied in which the restriction of what is permissible is in the public interest, or to relieve embarrassment in public.

Because of the importance of this fundamentalist rule, and the difference in some

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Publication Date
Wed May 24 2023
Journal Name
College Of Islamic Sciences
Analyzing the likeness of fundamentalists and examples of its jurisprudential applications
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The new events in every era are endless, and it is not required of the legal texts to pursue each event by itself and attach to it its ruling.
At the same time, every event or action must have a Shari’a ruling according to the wise Lawgiver, and our scholars have noted this in every event presented to them. ...etc.
It is well known that reaching the legal ruling on a matter, by examining the detailed evidence, is subject to following the path of the rules and regulations specific to the overall evidence, which we organize on the basis of the principles of jurisprudence.
Therefore, any disagreement about the manner or content of these rules will have an impact on the difference of jurists in partial issues, when examining the d

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Publication Date
Wed Sep 30 2015
Journal Name
College Of Islamic Sciences
Provisions related to nails in Islamic Fiqh
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Provisions related to nails in Islamic Fiqh

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Publication Date
Sun Dec 31 2023
Journal Name
College Of Islamic Sciences
The Approach of Discretion in Contemporary Jurisprudential Issues, with Imam Al-Qaradawi The Jurisprudence of Minorities as a Model
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Research Objectives: The research aims to highlight the approach of Imam Al-Qaradawi in contemporary jurisprudence in the recent issues of the jurisprudence of minorities, and mentioning the foundations of jurisprudence of minorities, along with some of the practical applications of Imam Al-Qaradawi.

Study Methodology: The researcher applied the inductive, analytical and comparative approach by tracking the scientific material related to the subject of the study from the books of Al-Qaradawi in the first place, then by comparing the legal provisions with what had been stated in the four schools of jurisprudence.

Findings: The interest and need of Muslim minorities in non-

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Publication Date
Tue Jan 03 2023
Journal Name
College Of Islamic Sciences
Formulas The command and its style in Surat Al-Ma’idah is a rhetorical fundamentalist study.: The command and its style in Surat Al-Ma’idah is a rhetorical fundamentalist study
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Research Summary :

      Praise be to God, Lord of the Worlds, and prayers and peace be upon the Master of the Messengers, his family and all his companions, then after:

     This is a brief research that contained its two rudders the command and its Style in Surat Al-Ma’idah a fundamental rhetorical study, and the study clarified the meaning of imperative in both;  the Arabic  language and in the terminology of the fundamentalists and rhetoricians in a concise manner, and then indicated the imperative of the command , the true meaning, and the meanings interpretated as an  imperative form. I have mentioned some verses of Surat Al-Ma’idah, so what I have quot

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Publication Date
Wed Mar 30 2022
Journal Name
College Of Islamic Sciences
Judge's Preaching to the Litigants and Witnesses An Applied Doctrinal Study on Judicial Decisions of Saudi Courts
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Abstract

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

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Commentary on Federal Supreme Court Decision No. 158 of 2022 - The Federal Supreme Court and Controls for Self-Relinquishment of Judicial Rulings
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العدول عن الاحكام في القضاء الدستوري ظاهرة قضائية مستقرة في معظم المحاكم العليا ، والسبب يرجع الى ما تتمتع به هذه احكام هذه المحاكم من حجية مطلقة ترجع الى كونها غير قابلة للطعن بطرق الطعن القضائية المعروفة على مستوى القضاء العادي ، والمحكمة الاتحادية العليا في رغم حداثة تشكليها نسبياً الى انها اخذت بما انتهى اليه القضاء الدستوري في العالم ومنه الاخذ بمبدأ العدول القضائي استجابة للمتغيرات السياسية والاقتص

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Publication Date
Mon May 01 2023
Journal Name
Kurdish Studies
Establishing Proof Against Those Who Claimed to Contradict Al-Noman in Matters Such as Sales
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Jurisprudential disagreements are a significant source of a vast jurisprudential wealth. Among the manifestations of these disagreements are scholarly critiques raised by some scholars against others, claiming their divergence from the legal evidence or established principles for deducing legal rulings. One such critique is presented by the narrator scholar Abu Bakr Ibn Abi Shaybah, may Allah have mercy on him, directed towards Abu Hanifah al-Nu‘man, may Allah have mercy on him. In his compilation, Ibn Abi Shaybah cited numerous hadiths and traditions that he considered conflicting with the judgments as perceived by Imam Abu Hanifah, may Allah have mercy on him. These issues cover various branches of jurisprudence, including worship, sale

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