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Cases of infringement and its ruling on tort liability among Islamic jurisprudence

Praise be to God, Lord of the worlds, and prayers and peace be upon the most honorable of God’s creation, Muhammad bin Abdullah, the illiterate Arab prophet, the faithful, and his family and companions.
And yet ...

     The realistic view is that Islamic jurisprudence is not exaggerated in the judgment of compensation, so it is judged for everything that has been lost by the victim of a profit or his loss, but he takes into account the bearing of the guarantee between profit and loss or the principle on which the theory of bearing liability is found, and it is clear through research that Islam The principle of respecting money, souls and rights is considered a public order, but it may exclude some cases that are required by circumstances such as war and discipline of prostitutes and apostates, so destroying the money of others and themselves within the limits required by necessity, and people in all rights and duties whether, there is no difference between a ruler and a convict, so the penalties Criminal applied to Every person, regardless of his characteristic, is a guarantee of the implementation of legal rulings, and a commitment to protect the virtue and morals, and the dignity of the human being. For this reason, I wanted to write about cases of abuse, which is part of the concept of security in Islamic jurisprudence, so I divided the research into two chapters, and I spoke in the first chapter about the definition of abuse and responsibility

 Summary of the research: cases of infringement and its ruling on tort liability between Islamic jurisprudence and Iraqi law ..........

In the second chapter on cases of infringement of tort liability.
 Nobody is asked about a civilian, whether the act or criminal, as determining the principle of individual or personal responsibility is a tribute to the person and notifying him of his existence, his uniqueness and his gravity in this life, but this individual in Islam as it is known is not absolute but is bound by the group's various rights required by the interest General, and achieved by the principle of social and economic balance between people.

Finally, I ask God Almighty to grant us all success in favor of saying, and the work is beautiful, and may God’s prayers and peace be upon our Prophet Muhammad and his family and companions.

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Publication Date
Tue Oct 31 2023
Journal Name
College Of Islamic Sciences
The shield And its provisions in Islamic jurisprudence

Since I live in a society in which violence has become widespread, and killing among its own people flared up till they began to kill under the excuse of taking shelter, in these pages I would like to explain the status of taking shelter in the light of Islamic Law (Sharia), exploring scholars’ opinions in the legitimacy or illegitimacy of this issue according to the legal standards.
And, to acquaint people, and myself in the first place, with the true nature and the gravity of this issue; to expose it to those who are unaware of it; to remind those who are already aware of it. I would refute the fabrications, remove the suspicions which surround it untill it made the forbidden permissible; the wrong right. I would explain to those

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Rules of Human Conduct in War in the Light of Islamic Jurisprudence and International Humanitarian Law

     The importance of the research lies in the description of war within the framework of international law and Islamic jurisprudence, the extent of its legality, and an attempt to highlight the legal value of the rules of human conduct in the war for which Islamic Sharia has established, and how it dealt with some categories of fighters (prisoners for example), and comparing it with the international conventions and treaties regulating this conduct in the field of international humanitarian law.

      As for the research problem, it is an attempt to establish the rules of human behavior in war, which came in The Hagu

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Publication Date
Tue Oct 31 2023
Journal Name
College Of Islamic Sciences
Child custody and protection In Islamic jurisprudence

Praise be to God, Lord of the Worlds, and prayers and peace be upon our Master Muhammad and upon all his family and companions:
And then: What most concerns rational people and reformers in the modern era is the moral deviation and delinquency that dominates childhood, due to family disintegration and the lack of discipline of most societies according to the religious and moral motives called for by the heavenly messages, especially Islam, which is the final message and guarantees the reform of people in life. Every time and place.
Islam has drawn attention to this issue (childhood) and made it the focus of its consideration, considering that the child is the nucleus of society and the preparation for the future, so it ordered that

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Publication Date
Mon Sep 30 2019
Journal Name
College Of Islamic Sciences
The provisions of the monkey in Islamic jurisprudence

The provisions of the monkey in Islamic jurisprudence

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Publication Date
Tue Oct 31 2023
Journal Name
College Of Islamic Sciences
Heretic rulings And related words in Islamic jurisprudence

How I was eager to research the ruling on three of the most dangerous types to Islam and Muslims (the heretic, the sorcerer, the innovator, and related terms).
Because it is the most dangerous deadly disease that destroys the hearts of Muslims, and may even expel a Muslim from the circle of Islam, and how many Muslims have done or committed such a thing without knowing it. Indeed, how many Muslims have left Islam and whose wife has abandoned him without realizing it, and among them are those who have committed it without knowing it. As well as related words associated with heresy.( )
Because people debated such matters between extremists and lenient ones, most of whom were extremists, and they did not reach a conclusion. So I decid

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Publication Date
Thu May 18 2023
Journal Name
College Of Islamic Sciences
Human right rule in self-defense And its prohibitions in Islamic jurisprudence

God, may He be glorified and exalted be He, has given every human being the right to life and a dignified life, and has warned against transgression against any of its sanctities without a legitimate right. No one, regardless of his status or authority, can deprive a person of his rights that the Sharia came to preserve, and whoever does that has declared all people to war, as all humanity is in solidarity. In raising the hand that is simplified to harm a person and oppress him unjustly and exalted in the land.
If this is the case, the Sharia came to establish the right of people, groups and individuals, to defend their sanctities, preserve their security, recover their usurped rights, repel the aggression of the aggressors, and oppre

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

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
Sun Sep 30 2012
Journal Name
College Of Islamic Sciences
Private legal defense push Al-Sael in Islamic jurisprudence

Praise be to God, Lord of the worlds, and prayers and peace be upon our Prophet Muhammad and his family and companions. And after:
     For one of the greatest blessings of God Almighty upon us is the blessing of Islam, which brought people from darkness to light and from injustice and fear to security, justice, stability, and the preservation of blood, symptoms, rights, and sacrifices, because pride, strength, and dignity are what God chose and pleases His servants - namely - adherence to the Islamic religion, and in light of This must be said that the private legal defense (pushing the person) with its Islamic provisions and legislations is one of the great aspects that guarantees the establishment of a safe

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Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The Methodology of UAETrans Civil Actions Law Concerning Tort: An Analytical Comparative Study in Islamic Jurisprudence

This paper deals with the position of the UAE Civil Transactions Law No. 5 of 1985 on the harmful act and how it dealt with this subject, and we know that the direct historical source of the civil transactions law is the Jordanian Civil Code. Some texts are quoted literally from this law. The Jordanian civil law is clearly influenced by the jurisprudence of Hanafi and the jurisprudential jurisprudence, while the general orientation of the UAE legislator is to adopt the most appropriate solutions in the jurisprudence with the introduction of the Maliki and Hanbali and Hanafi and Shafei, in the absence of legislation to rule the matter, the authors of the law The United Arab Emirates have changed some of the texts passed on to the Jordania

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Publication Date
Wed Mar 30 2022
Journal Name
College Of Islamic Sciences
The adequacy of determining the direction of Qibla by modern methods in the Islamic jurisprudence

 

    This Paper aims to know the modern approaches of determining the Qiblah and its ruling in Islamic Faqah, as well as to find out the required in the identity of the Qiblah or the eye, and the care of the advanced Jurists in this matter, and to present some of their sayings on the issue. we have followed the Descriptive analytical method of the aspects of the jurists ’difference in what is required when facing the qiblah either the eye or aspect, the approach of several demands branched out from each topic, which were answered in the theoretical framework of the research, and the research concluded with the most important results: The need to receive the eye of the qiblah for the worshiper who is close to it and it is no

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Crossref
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