نظرية الشبهة في الفقه الاسلامي
Author name:
عبد الله سعيد ويسي الكرتكي
Supervisor name:
ادريس عمر محمد
General topic:
Islamic Sciences
Specific topic:
Fiqh
Degree:
Doctorate
University:
Imam A'Adhum University College - Department Of Jurisprudence And Its Fundamentals
Language:
Arabic
University location:
Baghdad
First pages:
00T1415 - p.pdf
Abstract:
It is obvious that the knowledge of halal and haram things required legally, in order that the taxpayer can come up with, including his command of Allah Almighty commands, and avoid Manay God Almighty him, required a wisdom Bari Almighty that there be evidence and suspicions, and should not be the evidence is clear all nor suspicions dominant, and in some cases may be confused to designate certain provisions of religion, and it is suspected of Halal and Haram, and this is not the invisibility of religion, but rather to understand the palace or the mind of inattention or suspicion among taxpayers.Many people do not know the suspicion is drawn into a loss, you upheld solver? Or haram? So we can say that he called the name of the suspect all is not Boadh dissolved or sanctity, and Tnazaath evidence, some CMO prohibition guide, and some Aeddha solution guide, so it is different for different people view their status in the mind and understanding in front compromised.After that God helped me to complete this research, which reached from the results, including : First : Constitutions and the major concepts that compose them separately system entirely objective Menbtha in Islamic jurisprudence, and be what they are Arcana and terms and conditions and collected separately objective scattered among many reference books and various doctrinal works, termed the theory.Second : the jurisprudential theory and the maxim similarities and aspects of separation, either face similarity is that they both include the issues of different doors in Islamic jurisprudence, and the aspects of separation are numerous, and most important : that theories broader and welcome the prospect of jurisprudential rules.Thirdly, whatever it was unclear legitimate rule called suspicion, so as to frequency between his rulings sections, with no evidence for tipping one over the other conclusively.Fourth : to give Aasah suspicions general provision, but to rule all linked because of suspicion and Mtharha.Fifth : Aasah to compel people to stop at all the suspicions, but Valtoagaf necessary Commoner, or the world that the right does not appear to him after investigation and research.VI : Classification of suspicions and divided discretionary issue, and can be viewed from multiple views, depending on the view it in terms of origin, or the power and influence, and where invoked when jurists based on power and influence, and therefore vary these classifications, and then the names are different.Seventh : compromised its impact by saying innocently accused, which was assigned to him, and could lead to a change description charge.Eighth : suspicion prestigious serve as the truth in matters where the work takes into account more than others Balaanaat, the existence of suspicion is working toAbstractprove the truth in the work of the prohibition and prevention of the act, and be taking Balaanaat duty when there is a suspicion positive for suspicion.Ninth : Each of uncertainty and ignorance and forgetfulness and news and mixing of the causes of suspicion in the shop, and can be removed to investigate Obalokhz presumptions Obalastfta or by reference to the heart. Tenth : worship with proving the existence of suspicion, does not fall out, as well as the ransom.Eleventh : consequent intercourse with suspicion and proven ratios and the necessity of preparing and dowry.Twelfth : border ward off suspicions according to scholarly consensus, with the exception of virtual They do not say the principle of warding off the border of the compromise.Thirteenth : the consequences of the introduction of the compromise from one type to another vary, in some cases, result in the introduction of the compromise to avert the death limit for the accused and acquitted of the charge against him, and in some cases lead to ward off limit and bringing the death Taziria misplaced.Fourteenth : If a strong suspicion they fall limit for the accused, but it must be the defendant responded humans rights to their owners.And this was the search of the recommendation, the researcher believes that the jurisprudential theory for to consider totalitarian in Sharia and sciences and their relationships, and for that was how great contemporaries of the attention, and Olawa by research it, what examined from a beautiful impact and the general good, and they knew Fadel Sharif , has the greatest impact in the perception of the principles of law and the spirit on the whole, corresponding to the spirit of law and philosophy at the man - made laws, so I would recommend and urge the students of science to write in jurisprudential theories regarding not covered by the researchers, because it is the entrance to the speech non - specialists in jurisprudence and its sciences, whether they are of Muslims in general, or are interested in from other legal disciplines or concerned to identify the owners of this religion and rituals.In conclusion, I ask God Almighty to make this work purely for His sake, and I apologize from Messrs specialists may exist where the slips or lapses, and perfect except God.
Summary:
00T1415 - A.pdf
References:
00T1415 - R.pdf
