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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
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

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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Wed Dec 12 2018
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Iraqi National Journal Of Nursing Specialties
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Publication Date
Mon Mar 30 2020
Journal Name
College Of Islamic Sciences
Social Reform in the Light of Modern Islamic Thought (Malik bin Nabi model)

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Wed Jun 01 2022
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Political Sciences Journal
Doctrinal monotheistic modeling of religion: the impact of the political aspect on Islamic sources and books

         The political system in Indonesia, since gaining independence from the Dutch colonialism on the seventeenth of August 1945, has gone through long stages. The Indonesian constitution stipulated that the country is based on a democracy. In 1956 the first free elections were held in Indonesia, and President Sukarno announced the adoption of the directed democratic system Then, during the era of President Suharto, the state entered a phase called democracy based on the Five Pancasila principles, which is a false democracy because it served the interests of Suharto, who in his long reign had political and economic corruption leading up to 1998, when the Indonesian people revolted, and the government of Soeharto was overthrown

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Crossref
Publication Date
Sat Jun 30 2018
Journal Name
Journal Inspector General
Some examples of police errors - a comparative study of the scope of civil liability between American and Iraqi laws

Police 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

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Mon Apr 29 2019
Journal Name
Arab Science Heritage Journal
الحماية الحماية القانونية للمخطوطات الوطنية بين الواقع والقانون

Maintaining the manuscript, keep on national identity are a means to write history, so states seek to maintain, through a set of legal rules that criminalize the abuse as well as the development of national and international legal mechanisms. Algeria, was a state of the colony

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Publication Date
Sun Dec 27 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Limitation of liability and reinsurance and its role in increasing production insurance: بحث أستطلاعي في شركة التامين العراقية العامة

The liability limit liability limit and reinsurance re factors insurance are important in influencing the achievement of company's competitive goals and achieve success and excellence in the market and because the limit of liability and reinsurance aimed to increase output with the stability of inputs leading to increased insurance business and increase profits. The study was based on two variables presidents interact with each other to form the intellectual and philosophical framework has two ( the limit of liability and reinsurance ) . The study was launched from a problem expressed by a number of targeted questions answered from the elucidation of theoretical philosophy and intellectual goals of these variables and highlight the impor

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Publication Date
Thu Oct 30 2008
Journal Name
College Of Islamic Sciences
Ruling on combining prayers without excuse when needed

Jurisprudence is one of the most honorable sciences in value, and the greatest of them in reward. Through it, the rulings of religion are known. He, may God’s prayers and peace be upon him, said: ((Whoever God desires good, He gives him understanding of religion)), and through it, the legal rulings and what is related to them are known from what is permissible and forbidden.
And prayer is the believer’s ascent to his Lord, with which the heart is at peace and the soul is at ease. If he, may God’s prayers and peace be upon him, was overwhelmed by an issue or something became difficult for him, he would panic in prayer and be reassured by it. It was necessary for the students of knowledge to investigate its aspects and its secrets

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Publication Date
Sat Feb 02 2019
Journal Name
Journal Of The College Of Education For Women
The Military Thinking and His Islamic balance in The Caliph Ali Bin Abi Talib ( peace is on him ) Compact to Malek Al Ashtar (God be pleased on him ): The Military Thinking and His Islamic balance in The Caliph Ali Bin Abi Talib ( peace is on him ) Compact to Malek Al Ashtar (God be pleased on him )

Abstract
This study turns about The Military Thinking and His Islamic balance in
The Caliph Ali Bin Abi Talib ( peace is on him ) Compact to Malek Al Ashtar
(God be pleased on him )The military field is very wide in all intellectual and
practically effects at The Caliph Ali Bin Abi Taleb(peace is on him ). Its
considered the first seed for islam ,therefore,there are a lot from military
situtions which proved his practical experience in these affairs , and away
from the details of war and practical battles lets search the sample and the
academic study for fair military thinking (justice) in The Compact of Caliph Ali
to Malek Al Ashtar when he became the ruler of egypt.
The military fair thinking determines fr

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Publication Date
Wed Jun 29 2022
Journal Name
College Of Islamic Sciences
Factors Affecting Attaching Ruling to Its Cause (Illah) or to Its Reason (Hikmah): A Study in Usul Al Fiqh

 

There is a theoretical controversy in the books of Usul al-Fiqh, in the past and the present, about whether the ruling should be attached to its reason (al-Hikmah), or its apparent and stable cause (al-Illah). Looking at the practical cases of the jurists, we found them sometimes attaching rulings to its reason, and sometimes to its cause, so there is a need to know the factors that affect their choices. By extrapolation, the researcher reached at nine factors that affect referring the ruling to its cause or to its reason in jurisprudential cases.

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