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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
Wed Oct 25 2023
Journal Name
College Of Islamic Sciences
Marriage sermon in Islamic jurisprudence

Because it is obligatory for every Muslim to pay attention to the jurisprudence of his religion in order to achieve goodness thereby

He is guided to the paths of light.

One of the most important topics of Islamic jurisprudence is marriage. Because it relates to the life of every member of society, the engagement is one of the prerequisites for marriage, and whatever is related to what is important is important. It also contains many matters and details, so we wanted to write a study in it that understands its tasks so that the Muslim is aware of his religion.

And let him stay away from situations and customs that contradict our true religion. We have adopted approved books that are widely circulated among the majo

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Publication Date
Wed Jul 01 2015
Journal Name
Journal Of Educational And Psychological Researches
The impact of discrete realization strategy in the development of reflective thinking among students of Qur'an and Islamic education departments for the course of Islamic jurisprudence

The paper aims to identify the impact of discrete realization strategy in the development of reflective thinking among students: (males/females) of Qur'an and Islamic education departments for the course of Islamic jurisprudence according to the variability of sex. The researcher used the experimental approach and adopted an experimental determination with a set part of the two groups (experimental and controlled). He selected the sample deliberately which consists of (147) students spread over four classes (experimental males/ experimental females/ controlled males/ controlled females), and it took last for an academic year of (2010-2011). He, then, prepared a post test to measure the reflective thinking with his five skills (skill of o

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Publication Date
Tue Mar 30 2021
Journal Name
College Of Islamic Sciences
The wisdom of establishing the right by testimony in jurisprudence and law

 

Abstract

Islam has been concerned with preserving and maintaining rights, so the provisions in which it is preserved are legislated. Among that  is the testimony that made it a way to prove the truth and obliges its bearer to fulfill right in order to preserve the right and establish justice and prevent injustices by defying conflict, and tyranny .

And while acknowledging that divine absolute wisdom that is the cause and origin of legal rulings is sufficient, it is obligatory to abide by its provisions and imposes obedience, surrender, contentment and work in accordance with its controls.

However, the realization of the defects behind the legislation in a comprehensive way that realizes the dev

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Publication Date
Sun Feb 03 2019
Journal Name
Journal Of The College Of Education For Women
Forbidden Suckling Decision in Islamic jurisprudence

Forbidden Suckling Decision in Islamic jurisprudence

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Publication Date
Wed Dec 30 2015
Journal Name
College Of Islamic Sciences
What is the contract of cultivating the land of the waqf in Islamic jurisprudence and the Algerian Awqaf law

What is the contract of cultivating the land of the waqf in Islamic jurisprudence and the Algerian Awqaf law

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

Provisions of combat games In Islamic Jurisprudence

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

There is talk of the Prophet ﷺ proud of his relative, which is the uncle, and the importance of this subject, this search for doctrinal matters related to the two things between us: the interest of the Prophet ﷺ responsible, and also responsible forbidden marriage and marriage as it is forbidden to marry the uncle, and in the uncle language: mother's brother, aunt Her uncle may spend his uncle's nephew, the uncle may embrace his nephew, the uncle shall be the guardian of the little or the small, not to cut off the uncle if he steals from his nephew's money. "

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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

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 Dec 21 2021
Journal Name
Journal Of Legal Sciences
The legal system of found property- An analytical study in the English law with the Islamic jurisprudence and the Iraqi civil law

The legal system of found property is considered as a reason or method of preliminary acquisition of ownership, as well as two other reasons, that is to say, the fixture of personal chattels, and the adverse possession, resting on the principles of equity, and included within the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, equity and later legislations. It is worth-bearing in mind that the found property is the lost property on which the finder enjoys more rights than all other people, except its original owner. It is also worth-mentioning that the treasure trove is considered as found property in the English law. and it is any object at least 300 years old when fo

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Publication Date
Tue Mar 31 2020
Journal Name
College Of Islamic Sciences
Ruling on abortion in Sharia and law

Research title: Ruling on abortion in Sharia and law.

The importance of research: Projection is of great importance because it touches the life of a living being who enjoys human qualities. However, this organism often wastes its rights and does not protect its human beings. These souls are lost in millions by the sake of casual desire or hidden desire.

The research plan: The research dealt with an introductory topic, four topics, and in each topic there are demands, branches, and a conclusion.

The most important findings of the study: The ruling on aborting the fetus in the Sharia is only permissible (and the necessity is valued at its va

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