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Return in the gift and its contraindications in Islamic jurisprudence and Iraqi law
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In his life, a person engages in different types of verbal and actual dispositions that result in various effects, some of which are necessary and not valid, such as selling, and some are not necessary for one of the two contracting parties, such as a mortgage or both, such as lending and agency. However, there are some actions that are sometimes necessary and not necessary at other times, such as a gift that indicates in its simplest sense. Owning money for another without compensation, it is one of the doors of benevolence and benevolence, and it is one of the attributes of perfection with which God, may He be glorified and exalted be He, described Himself. - And if this analogy is the difference - and distanced himself from greed, the Most High said:  And whoever guards his own greed, it is they who are the successful  (). Among its social effects is the introduction of pleasure to the heart of the gifted, the occurrence of affection and love between them, and the removal of grudges from hearts. Al-Fudayl bin Ayyad said: ((I do not appease the angry, nor do I sympathize with the ruler, nor do I ask for grievances, nor do I repay debts, nor do I persuade the beloved, nor do I ward off the warned with the like of a gift)) ( ).
It is one of the acts of righteousness and virtues that the noble Sharia entrusted to it. Despite this, it may be legitimate to return to it if the donor sees that it does not achieve the purpose for which it was created, or something happened that justifies him to withdraw from it. To his son al-Nu`man ((So take him back)) for the benefit of reconciliation between the children and to prevent enmity and hatred because of the division between them, despite the fact that the texts indicate the hatred of taking them back because he said r ((The one who returns in his gift is like a dog that returns in his vomit)) () and that he - the return - is contrary to the original The judge delegates to her because she is a reason for affection, cooperation, righteousness and benevolence.
In order to find out the opinions of the jurists and their evidence regarding the return of a gift and its impediments, we will divide the subject into two sections. In the opinion of Islamic jurisprudence, especially Hanafi jurisprudence, through the Ottoman Journal of Judicial Rulings, and this research is derived from a master's thesis tagged with the provisions of the gift in Islamic jurisprudence by the student Hussein Ahmed Ali Al-Najdi submitted to the College of Islamic Sciences at the University of Baghdad under my supervision in the year 1420 AH - 1999 AD, and I got the degree of excellence.

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Publication Date
Wed Dec 30 2015
Journal Name
College Of Islamic Sciences
Provisions of combat games In Islamic Jurisprudence
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Provisions of combat games In Islamic Jurisprudence

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Publication Date
Mon Sep 30 2019
Journal Name
College Of Islamic Sciences
Provisions of payment of the questioner in Islamic jurisprudence
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God has honored the man with life and decent living and warned against attacking anything that violates his sanctity without a legitimate right. Our Islamic Shari'ah has the rights to preserve the right of a Muslim in the event of any harm.

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Publication Date
Tue Oct 30 2018
Journal Name
Risalat Al-huquq Journal
Legal protection for producers of phonograms in Iraqi law
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Piracy on phonograms is now, rightly, the crime of the electronic age. Despite the protection sought by States to provide for such registrations, whether at the level of national legislation or international agreements and conventions, but piracy has been and continues to pose a significant threat to the rights of the producers of those recordings, especially as it is a profitable way for hackers to get a lot of money in a way Illegal, which is contrary to the rules of legitimate competition. Hence, this research highlights the legal protection of producers of phonograms in light of the Iraqi Copyright Protection Act No. (3) of 1971, as amended.

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Publication Date
Tue Oct 11 2022
Journal Name
College Of Islamic Sciences
The Jurisprudence rule and its impact on Islamic legislation “Forcing does not nullify the rights of others” as a model .
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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 brief research that contained between its two covers one of the jurisprudence rules derived from Islamic Sharia that guarantees the right of others, in case of forcing to do the prohibited act, and it is a restriction of the rule: “Necessities allow prohibitions” and “Hardship brings facilitation” and support for the rule: “Necessities are valued.” It is an origin in alleviating the taxpayer definitely , and the study has briefly shown some of the jurisprudential appli

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Publication Date
Thu Jan 04 2024
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Using the Sherrod model in predicting financial failure in Iraqi private banks: an applied study in the Iraqi commercial and Iraqi Islamic banks
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Abstract:

              The phenomenon of financial failure is one of the phenomena that requires special attention and in-depth study due to its significant impact on various parties, whether they are internal or external and those who benefit from financial performance reports. With the increase in cases of bankruptcy and default facing companies and banks, interest has increased in understanding the reasons that led to this financial failure. This growing interest should be a reason to develop models and analytical methods that help in the early detection of this increasing phenomenon in recent year   . The research examines the use of

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Publication Date
Fri Mar 01 2013
Journal Name
Journal Of Economics And Administrative Sciences
Measure and evaluate the return and risk formulas of Islamic Finance: Empirical study of the state of Jordan Islamic Bank and Islamic Arab International Bank
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    The study aims to measure and evaluate the return and the risk formulas of Islamic finance of Jordan during the period (2000 – 2009) according of increasing  importance of these banks in recent and coming years to face challenges to maximize returns and minimize risks through financing with  Islamic formula to investigate of existence statistical significant  relationship between returns and risking Islamic bank , has been use of financial other statistical  measurement. Measuring return and risk of Islamic banks have not been widely considered ,except in few descriptive studies . The controversy among academic and professionals about hot to measure and evaluate a comprehe

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Crossref
Publication Date
Wed Sep 09 2020
Journal Name
Academic Journal Of Legal And Political Research
Unilateral Contracts - A Comparative Study Under the American System and Iraqi Civil Law
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At a time when the general rules in the different legal systems require the presence of two parties to the contract, one of which is issued the first expression of the will and is called the offer, and the other is issued from the other and is called the acceptance. A special type of contracts emerged in the beginning of the last century called the “unilateral contracts”. The side sparked a major jurisprudential dispute, as well as the issuance of several contradictory judicial rulings on it. Hence, this research came to highlight this special type of contract. Key words: the definition of a unilateral contract, its distinction from other legal situations, and its effects.

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Publication Date
Sun Oct 21 2018
Journal Name
Al–bahith Al–a'alami
Islamic Knowledge and its role in the Development of the Culture and Values of the Islamic Community
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The human perception of science and knowledge is affected by the personal point of view, thus giving it its religious, mental and emotional dimensions to make that perception an effective tool for realizing the truth comprehensively in the delivery of knowledge to the depths of the human soul. The later is composed of multiple factors, which contributes to the human self-development with dimensions beyond the limits of mental logic and the perception of material and emotional situations. That knowledge in the perception of Islamic virtue, which must characterize each Muslim.
Human beings have been striving for knowledge and the understanding of the universe in which they live. For centuries, mankind has acquired knowledge directly an

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Crossref
Publication Date
Tue Jan 29 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Liquidity Banking and Its Impact on the Return and Risk: Applied Research in the Rasheed Bank
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The research aims to measure and analyze the reality of liquidity in the Rasheed Bank and determine their impact on risk and return in order to identify the extent of the efficiency of the management of liquidity by the Bank and how to employ them in a profitable investment areas, and analysis of the compatibility of the liquidity gap and gap the balance sheet (sensitive interest rate) and affected net interest Change prices, and through the adoption of style ladder recommended Meritassets and liabilities by the Central Bank of Iraq, as it is an important and vital aspects in commercial banks' management, when there is a commonly used optimizing the resources of the bank available, it means that there is a banking efficient management is

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Crossref
Publication Date
Wed Dec 30 2015
Journal Name
College Of Islamic Sciences
Acquisition provisions in Islamic jurisprudence: A model - a comparative study
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Acquisition provisions in Islamic jurisprudence

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