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الاراء الفقهية في بابي القضاء والشهادات عند السيد علي الطباطبائي والشيخ ابن عابدين == Jurisprudence At Babi Judiciary And Certificates When Mr. Ali Tabatabai, And Sheikh Ibn Abidin

Author name: امل كاظم شياع
Supervisor name: عادل عبد الستار عبد الحسن الجنابي
General topic: Islamic Sciences
Specific topic: Quran Sciences
Degree: Master
University: University of Baghdad - Ibn Rushd College Of Education For Human Sciences
Language: Arabic
University location: Baghdad
First pages: 00T1473 - p.pdf
Abstract: Given the importance of the religious judiciary, and certificates in Islam, and their role in the stability and security of the Muslim community, and organization that will ensure everyone in it to live in peace under the Sharia laws, the role of esteemed scientists in the establishment of doctrinal sections that regulate these laws for Muslims, have you made this search «views jurisprudence at Babi judiciary and certificates when Alsyd al Tabatabai and Ibn Abidin»to stand on the most important doctrinal views of scientists illuminated - established doctrines of Islam, namely the doctrine of the front and the Hanafi school.It has allocated research worlds Jalilin from both sects, namely Mr. Tabatabai, and Sheikh Ibn Abidin, to get to know their views on the two sections, and comparing the views of scientists Mzhbehma At the end of the matter mention the overall opinions and then Undifferentiated between views.Research was necessary to pave consists of three chapters.Boot : dealt with the biography of the Worlds Tabatabai and Ibn Abidin.Chapter I : Definition of the judiciary and the certificate in the language and terminology : And the three topics : First topic : the definition of the judiciary and the judge in the language and terminology.The second topic : the definition of certificate in language and terminology.The third topic : the importance of the judiciary and the certificate.Chapter II : The provisions of the Judiciary : faithful four - InvestigationFirst topic : the terms of the judge and the four demands.The first requirement : This paper deals with the requirement of justice when the judge.The second requirement : The third demand looks at the arbitration award judge and the opinion of scientists on the issue of arbitration, and the arbitrator and the conditions of his time.Fourth requirement : the rule book to judge another judge to the case at times, and at other times Governing and touched on the views of the scientists in the passport this book in both cases.The second topic : the terms of the judge, in terms of research deals with a judge on the three demands of all demand, including paper deals with the views of the scientists in the provision of these conditions.First requirement : Justice condition, research deals with the fairness of the judge condition when scientists.The second requirement : the requirement deals with masculinity and women spend a passport.Third requirement : deals with the diligence condition to the judge.Fourth requirement : addresses the issue of bribery and gift to the judge and each passport to the judge when the jurists.The third topic : the terms of a lawsuit on three demands : First requirement : the definition of the lawsuit and the plaintiff and the defendant.The second requirement : to be a form of assertion.The second requirement : not to be anonymous : The third topic : the referee if a conflict of evidence : In three demands.First requirement : If the eye was in the hands of a Disputing.The second requirement : If the eye was in their hands together.Third requirement : If the eye was in the hands of a third out of them.The fourth topic : the provisions of the Judiciary and the four demands.First requirement : the judge ruled spend his knowledge.The second requirement : the elimination of the rule of the absent.Third requirement : the rule of arbitration judge.Fourth requirement : the rule book of the judge to the judge.Chapter III : The provisions of the certification : the Investigation and three.First topic : Conditions WITNESS : and the four demands : The first requirement : Looking at the issue of the age of the witness, and the requirement attainable when the certificate or not its requirement.The second requirement : examines the views of scientists in mind the requirement, ie the fact that the witness testimony as areasonable person, and not to accept the certificate or a drunken idiot as well as insane.Third requirement : Looking at the views of scientists on the issue of the requirement of fairness in the witness whether or not it requires you to accept the certificate and the unjust (womanizer).Fourth requirement : Looking at the views of the scientists on the certificate of an illegitimate child, and whether or not the permissibility isms scientists, and private worlds in question.The second topic : the provisions of the testimony : and the four demands : The first requirement : This paper deals with the orders of the certificate, ie : Witnesses branch levels View original.The second requirement : Looking at the views of scientists those who accept the testimony of the witnesses is unbeatable.Third requirement : the issue of the witness return for his testimony, was sentenced to spend the judge after the return witness.Fourth requirement : deals with the rule perjurer, and how to deal with him, and the views of the scientists.Section III : Resources accept the testimony of women : The paper deals with the resources that the testimony of women and that do not accept the accept, and the three demands : The first requirement : deals with the views of the scientists in the testimony of women in the border and retribution.The second requirement : looks at the views of women scientists in the testimony shared with the men, all matters relating towomen's issues Kalshhadh on pregnancy and childbirth, and others.Third requirement : deals with the testimony of women on the certificate, ie certificate of branches away from the original witness.The research, there are many different views on more issues related to these two sections of the judiciary and certificates there Achtlavih where issues of multiple statements as a result, there is an agreed which issues between one denomination scientists, and then between the two worlds Tabatabai and Ibn Abidin, as there is with a common view between the two issues.
References: 00T1473 - R.pdf
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