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حكم التعويض المالي في الفقه الاسلامي المعاصر == The Rule Of Financial Compensation In The Contemporary Jurisprudence

اسم المؤلف: ختام مزهر حمد الجبوري
اسم المشرف: عبد الخضر عباس علي العبيدي
الموضوع العام: العلوم الاسلامية
السنة: 2016
الموضوع الدقيق: علوم القران
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Thank Allah who raise heavens and teaches goodness for nations ,who makes Islam the final religion.The first creatures start it with no beginning and he last without ending.Sanctify his names and features and pray and peace on the Prophit Mohammed the mightiest of his creatures who was send by him as mercy for the people and peace on his family.On of the most important features of our great religion is that it does not decline over time ,passing of ages and secession od days and years.No doubt that its absorption of the new affaires are one of the most important reasons of its sustainability because Allah put in this religion all what humanity needs of solutions for their problems.Thus we we have great heritage of rich jurisprudence.No other nation has a heritage rich with successful solutions valid for the benefit of this generation and next generations.You will find there is a solution for each matter of this age by the rule of Allah either in a text , indication or elicitation from total principles and general rules of this legislation.I am glad to discuss one of this age sujects which is the financial compensation in contemporary Islamic legislation as this subject has great importance and role in the life of people.This dissertation included three main chapters.First chapter includes definitions of the title, a preface to the subject , its nature and the evidences of its legality. The second chapter is about types of main damages represented in material damages that occur on human including physical and financial damages.Third chapter is about moral damages accompanied by aggression and damages which is the person who commit it is forced to compensate it for relief of this damage in some contemporary matters and the decision of financial compensate such as physicians mistakes in cosmetic surgery m military mistakes m terrorist actions and work accidents and other incidents.After dependence on Allah we depend on mother books of legislations and laws , thesis and dissertations that suite the research subject.The recommendations and conclusions we reach in this research emphasize on the superiority pioneer of Islam jurisprudence which draw good life and welfare for human being as the people commit to apply its supreme teachings.Also there must be sufficient compensation to relief the damage no less and no more amount either the damage was material ( physical - financial ) or moral as well as several results learned by who read this dissertation.I asked Allah for accepting of this effort and satisfaction of people and prays and peace upon the Prophit Mohammed and his family
الملخص:
المصادر:

كتب الفرق والمقالات من القرن الرابع الهجري الى السابع الهجري : دراسة في الاسس والمنهج == Books Of Doctrines And Theories From Fourth Century Of Hijra To Seventh Century Of Hijra A Study In Principles And Method

اسم المؤلف: جاسم حسن هاشم
اسم المشرف: عبد الخضر عباس علي العبيدي
الموضوع العام: العلوم الاسلامية
السنة: 2016
الموضوع الدقيق: العقائد
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Theological studies need correlated series of studying of a topic in itself away from its history, and this means the studying of the theological questions discussed in theology. This study is not separated from studying the history of that topic, its inception, and evolution, and then, studying of different texts comparatively. Theology is in much need of this kind of study; therefore, we cannot consider these studies as historical; rather, they are from the very essence of theology. The one, who should study sects, their basics, and methods, is a theologian and not a historian. In fact, historians are dependent on theologians, in quoting topics and classification of sects; and consequently, we can deal with theology in two ways : first, through pursuing its historical origin, its evolution, and the reproduction of sects one from another; and second, the study of theological topics and reviewing of sects through these topics. Both ways do not go out of theology’s sphere; therefore, we have chosen this topic, titled “the books of sects and doctrines from the fourth century to the sixth century AH, a study on basics and method”, for it has formed, and still forms the main material for researchers in knowing the views of the scholars of those sects and doctrines. In fact, these books are not free from clearly methodological mistakes, and inaccuracy in the ascription of doctrines to their authors. Hence, we have tried to inquire about that and diagnose it through followingthe inductive and analytical method, and got to the necessity of taking views and beliefs from theirauthors, and the necessity ofjudging the sects and their beliefs through their books,and not the books of their opponents. This study comesas a contribution to reduce extremism, and to prove that most of theological differences would not necessitate complete differentiation, and being out of the circle of Islam.They are purely discretionary opinions, which Islam has ensured by giving a highest value to reason, and urging on Muslims to pursue their beliefsby pondering and reasoning.The study has got to two important points : first, is the need of studies that compare between the thoughts of one of the Islamic sects and the thoughts and beliefs ascribed to it in the books of other sects, especially the current sects, such as the Twelver Shia, the Zeidites, the Ash’arites, the Ibadhites, and others. We think that such studies will reduce the intensity of extremism, and help the convergence between the different sects. The second is the need of paying much attention to the study of sects and views as an independent science, because this paves the way for Islamic theology, contributes to consolidating of theological questions, defines the reasons behind their existence, deals with the political, social, and historical dimensions of those questions; and consequently, can differentiate between what is appropriate to be called a sect, and what is to be considered as a social or political phenomenon, like the Murjites and the Jabrites.
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الترجيحات الفقهية عند السيوري المعاملات انموذجا == Jurisprudent Weights In Al - Sayyuri Al - Muaamilat As An Example

اسم المؤلف: ايمن ماجد صالح
اسم المشرف: عادل عبد الستار عبد الحسن الجنابي
الموضوع العام: العلوم الاسلامية
السنة: 2016
الموضوع الدقيق: الفقه
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The jurisprudence is considered one of most important Islamic Sciences since its subject - matter are divine rules that concern over organizing affairs of human life.The Islam scholars have exerted huge efforts for the sake of this science. Among of those scholars was "Imam Muqdad Bin Abdullah Al - Sayyuri dies in 826AH; he was an outstanding figure in the science in ninth century AH. This current study aims at bringing out the prominent scientific prestige for Imam " Al - Sayyuri" amongst the jurisprudents and scholars. In this study , I have dealt with his jurisprudent weights , making the section " transactions " as an example for his weights. The research includes an introduction, three chapters and conclusion.Chapter one : I have dealt with the personal life of Al - Sayyuri in respect to his name , his kinship, his surname , his death and his scientific biography. I have also showed his prestige among the scholars and the latter's praise over his volumes and his scientific effects; besides , it also includes definition of the subject linguistically. I have also referred to the methodology of "Imam Al - Sayyuri and utterances he has used , after then, I have dealt with opinions of jurisprudents and jurisprudent schools on which The Imam Al - Sayyuri depends. Chapter two : It includes jurisprudent opinions of Al - - Sayyuri in the domain of Selling , usurp and neighboring. Chapter Three : I have discussed Al - Sayyuri' s jurisprudent weights in different treatments which are ( mortgage , assurance , agency , remittance and gift. the number of jurisprudent matters has been 14 matters and the total has become 28 jurisprudent matters. I have exposed in conclusion most important results and I have indicated that Imam Al - Sayyuri is one of hard scholars and he is the most qualified for being most prominent jurisprudent figure during his age. Peace upon our Messenger "Mohammed " ,his family members and his colleagues.
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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

اسم المؤلف: امل كاظم شياع
اسم المشرف: عادل عبد الستار عبد الحسن الجنابي
الموضوع العام: العلوم الاسلامية
السنة: 2016
الموضوع الدقيق: علوم القران
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: 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.
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المصادر:

الوسطية في الفكر الاسلامي

اسم المؤلف: احمد محمد عبد الله
اسم المشرف: رعد شمس الدين الكيلاني
الموضوع العام: العلوم الاسلامية
السنة: 2016
الموضوع الدقيق: الفكر الاسلامي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The moderation of Islamic monotheism aims at respecting human dignity and freedom and not to force him to embrace Islamic doctrine, its reality and simplicity and taking into account the reality of mental, spiritual and psychological aptitude, and approval of the mind and common sense, and its synthesis to arguments and proofs of evidence to implant in the minds and hearts of others. - The Islamic moderation towards prophets and messengers (peace be upon them), focuses on their being human, showing their human characteristics and features , and faith in their impeccability in conveying the divine revelation, and honoring them and the necessity of believing in them and cutting off all avenues in their idolization and hyperbole, these form the Islamic moderation perspective toward the prophets. - The moderation between the spiritual and physical resurrection, and discussing deniers by sound persuasion means, and the achievement of divine justice by recompensing the righteous and the evil people this vision formed the foundations of the Islamic moderation on the issue of resurrection. - The centrist Islamic worship lies in its ease and simplicity to facilitate the provisions and obligations of those who are obliged to perform Islamic rituals, and being considerate about human condition , relieving him whenever necessary, these form centrist Islamic worship. The centrist polygamy in Islam is that it is a compromise between the excessiveness and extravagance, it is not taboo as it is in Christianity, and is not permitted without limits as is the case in some communities, polygamy is permissible in some necessary social and personal cases, only four wives are to be married fixing justice among them, and the response with the human instinct and social situations of emergency in the interest of men and women. - The issue of divorce in Islam characterized by moderation, Divorce in Islam is not taboo at all, as in some religions and communities that women are deprived of their right to seek divorce, and is not available without restrictions or conditions or description as it was in other societies, Islam corrected the reality of divorce and erected between excessiveness and negligence. - Moderation system of inheritance in Islam and through the equitable distribution of inheritance among the beneficiaries, cutting their dispute by deducting the share of each heir through the texts of the Quran, and taking into account the reality of the man in some cases ,these convey Islamic moderation towards the inheritance system. - Centrist Islamic economic system appears in the adoption of privat property ,public property and state ownership, and to give economic freedom in the framework of the Supreme Islamic values, and justice in the distribution of wealth through the General sharing and social balance, and the balance by achieving a decent standard of living among members of society, despite the existence of disparities in the income between individuals. - Islamic values are a set of principles and rules governing human behavior that make up determined by Islamic personal revelation to organize human life and determine its Relationship to others so as to achieve the purpose of his existence in the most possible form. - Moderation of Islamic values and virtues through divine source, and the gradient rulings, moderation ,balance ,humanitarian character, realism, clarity and comprehensiveness; these characteristics determine the centrist Islamic values and make them achievable in every time and place.
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التكامل السياقي في تفسير مواهب الرحمن للسيد عبد الاعلى السبزواري 4141هـ == Contextual Integration In The Interpretation Mawaheb Al Rahman For Mr. Abdul Aala Alsbzuar

اسم المؤلف: احمد صلاح حسين ياسر
اسم المشرف: طه سبتي ابراهيم
الموضوع العام: العلوم الاسلامية
السنة: 2016
الموضوع الدقيق: علوم القران
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Thankfully to Allah the only god ,the Samad, who begets not and did not have a longer one. And prayer and peace be upon the Prophet Amjad the last Prophet who named in the Bible Ahmed and in the Koran Mohammed and His Family and his companions Almentajabin blessed him recognition of a lot.After : Thankfully to Allah Almighty, who mercied me with a vast mercy that made me studying science explanation that is the best science. because it's the source book, the Almighty, that surprised all minds and baffling the minds and it is which made the greatest of the Arabs stop for thinking about it and they surprised and perplexing position for that generous book that his wonders will not be. scientists have explained his signs and interpretation. Some explained it in certain bush and the other explained it in general and the different ideas and opinions, but of his great power and authority on the minds.I hope Allah to be a drop in the bucket these scientists , and I do not feign that I am The best but I am a student of science and educated for the survival of wins , my Lord, that does not please do not bounty I am not afraid, but his sack not only adopted the satisfaction Day whereon neither wealth nor sons only came God with a real heart and may Allah that this is a viable escape me on sorrowfully day when the hearts into throats, Then the vast vicious attack on Islamic religion and his book to degrade his status and classed as da'eef and extinguish the light of God Almighty, but Allah refuses except to be averse, after deliberation and discussion search on the title is settled (contextual integration in the interpretation of Mr. AbdulSupreme Sbzuari) and integration contextual is a new idea and I do not say I am the leader, but not considered by me and many only Mr. Abdul Wahab Abu Safiya, in his book (contextual integration for more than a thousand verses in the Koran Karim), but he did not Definition the contextual integration and he did not differentiate between him and the other interpretation approaches for example The Interpretation of the Holy Koran and objective interpretation and happened to its mixing in some cases between integration and curriculum other has entered into a direct application in the verses and leaving the subject open to the researcher and I have chosen a model for the application of this theory is an interpretation of Mr. Abdul Supreme Sbzuari labeled talents Rahman, which is almost the closest interpretation of this theory and that the interpreter did not say it, but he he professes sometimes refers to other than by doing one step from the contextual integration in the collection of verses, for example, without having to be followed by something. And without a permit, including the existence of integration for its own reasons.The curriculum integration contextual needs huge precision to careful thought and looked to distinguish it from the rest of the other curricula؛ the proximity of which especially interpretation of the Koran by the Koran and objective interpretation It should be noted that I did not find a definition termed to the issue of integration after reviewing the books of terms such as the totally book of Kova and Scouts terms of Thaona and definitions of Jrjana and others, It made me I'm having trouble limitation in the definition of the term sententious , But after checking with the supervisor we reached a professorial defined by reference to the origin of language for integration and context.One of the problems is also the lack of sources that It took this subject but that does not mean there is no idea in the books and commentaries Gareeb AlKoran though no authorization.The research that consists of three chapters provided an introduction and followed by a conclusion and I spoke in the first chapter called (contextual integration and interpretation of talents Rahman) has divided the two sections, I took in the first part, which I call it the (definition integration contextual) took the definition of the terms of integration and context of the language and the benefits of integration contextual and also it took the whereabouts of contextual integration and I have chosen the books of explanation faces and isotopes and Gareeb AlKoran also terms the approach to the integration of contextual dealt with an interpretation of the Holy Koran and objective interpretation and dispersed among each and every one of them for contextual integration.The second chapter and makes it under the title (contextual integration in the states of faith) and here the application of the idea of integration contextual in interpreting talent began to have this chapter is divided on the three topics dealt with in the first part, which I call the (contextual integration of the divinities) verses dealing with the oneness of God Almighty topics and keeping it above accidents, while the second part, which I call the (contextual integration in the prophecies) has dealt with the verses in which there is the integration of contextual on the subject of prophecies about the prophecy of the Prophet Jesus (peace be upon him), and the prophecy of the Prophet Moses (peace be upon him), and the prophecy of Prophet ring the Great Prophet Muhammad (peace be upon Allah be upon him and his family), and the third section is named(contextual integration in whatever recycled and the Last day) has spoken it on the verses, including Maaked and integration in this subject by observing the signs that exist between them integrate contextual in the conditions of people on the day of Resurrection whether benefactors or them abusive, the third chapter is named (contextual integration in the verses that have to do verdicts) I would like to point out here that the contextual integration on the subject of the verses of the provisions are very few in the interpretation of talent may be the reason for non - completion of interpretation, the interpretation of talent ended Surat cattle did not explain it owner anus verses from the Koran and therefore did not call this chapter integration in the verses of worship, but the signs that are related to the revelations of worship Kalkhcua in prayer, asking for forgiveness and others, this chapter is divided on the three topics dealt with in the first part, which I call the (contextual integration in the vicinity of the verses of worship verses ) verses of reverence in the prayers and verses of patience and the status of the patient when the Almighty God, the second part, which I call the (contextual integration in the verses that have to do Bayat transactions), in which the verses that exist between them integrate in the verses of transactions such as selling, usury and the sanctity of the deal which has been dealt with, and the third section have I called (contextual integration in the states of felonies) which is the last section of this chapter, where it dealt with contextual integration in the verses dealing with penalties for certain acts forbidden in Islam as sacred as adultery and adulterer, as well as the prohibition of usury in Islam and the punishment is to succeed him from the negative impacts on society and then I finished my research conclusion in which themost important findings reported, and then singled out a list of sources and references that have been adopted in this message.
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علامات النص الشعري عند يحيى السماوي == The Markers of the Poetic Text of Yahya Al - Simanwy

اسم المؤلف: صلاح راهي ابراهيم
اسم المشرف: فاطمة كريم رسن البحراني
الموضوع العام: اللغة العربية وادابها
السنة: 2016
الموضوع الدقيق: الادب
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
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