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ادلة الاثبات الحديثة في الدعاوى الجنائية بين الشريعة والقانون == Modern evidences in criminal legal proceedings Between sharia and law

Author name: محمــد ياســين حســين البجاري
Supervisor name: شهرزاد عبد الكريم توفيق النعيمي
General topic: Islamic Sciences
Specific topic: Comparative Fiqh
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:

الفقه المقارن في كتاب جامع الخلاف والوفاق للشيخ علي القمي السبزواري == Comparative Jurisprudence In The Book Of Jamaa Alkhilaf And Alwiffaq For Al - Shaykh Ali Al - Qumi Al - Bizwari

Author name: حنان جاسب محمد بلكت الكناني
Supervisor name: شهرزاد عبد الكريم توفيق النعيمي
General topic: Islamic Sciences
Specific topic: Comparative Fiqh
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: Peace upon our Messenger ( Mohammed) , Two years I have delved into jurisprudence books where I have dealt with opinions of jurisprudents and Islamic doctrines ;dissertation has been studied on basis of collecting jurisprudence opinions for these Islamic Sects with mentioning evidence for every sect and making comparison opinions and evidences for choosing the best one with strong evidence. This has been done through preferring one of jurisprudence opinion along with mentioning the evidence they have.The most important results the researcher has reached to after passing two years of writing this dissertation lie in the fact saying that most jurisprudence matters have been asymmetric and there has not been dispute, even if there have been disputes, it lie not in the essential matters but rather in sub - matters. Reasons behind that lying in their dependence on Quran and Messenger's instructions. The outward disputes happened as a result of sub - matters disagreement where the jurisprudents got different upon them in respect to utterances having many different meanings even the matter of consensus.If there have been not evidences in legislative references ,they would have got to the sub - references. The researcher has tried to bring forth the matters that deal with ((Imamah)), where most sects have agreed on this conception as that happened in most jurisprudent matters amounted 150 matters ;we have found ( IMAMAINS) agreed either ( AL - HANAFIYAH or AL - SHAFA'IYAH OR Al - MALIKIYAH or AL - HANBALIYAH, or DHAHIRIYAH or AL - ABADHIYAH OR AL - ZAYDIYAH and others).In Many jurisprudent matters the Islamic sects and IMAMIYAH Matters have not opposed to each other , but rather they agreed on these matters. The remaining Islamic Sects have disagreed only on ( 8) jurisprudent matters. Al - IMAMI Sect has hugely depended on what the jurisprudents depended on, but despite the outward disagreement lying among the jurisprudents, we find that their main purpose has been the Islamic Unity as to unify the word to stand against the Islam enemies.The researcher's main purpose in writing the current dissertation lies in getting close among these Islamic Doctrines as to get to showing to what extent they have agreed on jurisprudence matters since Allah considered the only the worshipped) , his prophet ( Mohammed ) ( peace upon him and on his family) is the only messenger.The miserable conditions ( sufferings , agonies) our country passes through as to tear its unity , security and Islamic Core , thus this dissertation shows agreement among the Islamic doctrines as to spiritually raise spiritual aspects within Islamic nations as Allah says in his Quran "" Preparing against them of what strength you have by which you could terrorize the Enemy of Allah and Your Enemy"" ( Surah Al - Anfal)(60)Thus, the unity is considered as the basic one among the Muslims as to discard the sectarian and calling for clutching with the Book of Allah ( Quran), his prophet's instructions and his family).Allah Says in his Book ( Quran)"" We have also made you as a middle nation as to be witnesses over people and the messenger would be as a witness on You""( Surah Al - Baqara= P.143.Before conclusion , I appraise and provoke Allah to grant us a virtue in this world and hereafter as Allah Says "" Our Allah gives us a virtue in this life and hereafter and guard us from Fire"" Surah Al - Baqara - p.201.This is the fruitlessness of writing this dissertation for two sequent years and my start point lie in What Allah says ""Allah does not bear a human over his own capacity for what he ( human) acquires and of what he has been acquired, our Allah not to blame us if we forget or commit mistake , our Allah not to bear us with huge burden as that laid on those who before us , our Allah not to bear over our own capacity , forgive us and have a mercy upon us , You are our dominator , gives us a victory on the disbelievers" Baqarah ( 285 - 286)Finally , I say peace upon our messenger and on his family, on his good colleagues
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المتفق والمختلف في احكام الزواج والطلاق بـين المذاهـب الاسلامية : دراسة فقهية مقارنة

Author name: محمد خليل ابراهيم
Supervisor name: هيفاء محمد عبد الزبيدي
General topic: Islamic Sciences
Specific topic: Comparative Fiqh
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: Praise be to God, who does not encounter arrows fantasies made wonders in the course does not drain due for early Bda?aha only goddess A key and continues to grace the Taif worlds are coming in succession choice and oppress them.After : God has the bone genealogy is and make her a bit forbidden because of incest and adults in order to deter and Taqbiha Zgra make storming obscene crime and ordered scar thing to get married.First, identify the subject of research, and the reasons for his choice : Title Search (agreed and different in terms of marriage and divorce in Islamic jurisprudence).Of the importance of marriage in one's life, as it is linked to human constantly, so it is most needed and needs to be pursued to be collected and science Pfqha, and here was ordered street wise ? : ((Tnakhawwa, multiply, I Abhay Welcome Nations Day of Resurrection)) and here I saw it necessary to looking a comparative study between seven doctrines followed, saying the probable.Second, in a systematic search : Followed in this research approach analytical and comparative likely, so I did mention the issue of Mazanha when Imami then Qrntha statements rest of the six jurists, Hanafi, Maliki, Shafi'i, and Hanbali, and Zaidi, and the virtual, then most likely the doctrine according to what I see lotion change time and concept of people.Third, my way of Search : (A) you collect the issues mentioned by scholars in the door of the marriage, divorce, then you've tracked in all schools mentioned in the article of this research, and settled for the owners of the seven schools (), and Abizaid some who said this to say of the companions and followers, the strengthening of certain words and the like, they are closer a source of inspiration and I know him who came after them, and their tracks preserved in books and Almsanid effects and different scholars wrote interpretation and explanations talk.(B) made sure to edit the sayings of scholars of approved books, which is a reference in the liberation of their beliefs when latecomers, and did not convey the books of a certain doctrine doctrine of others or vice versa, a request for accuracy in the proportion of words and edit doctrines.(C) These issues are arranged on the doors of Fiqh in the order of jurists, where it was put under the doors every book that mentioned the practical issues.(W) when studying these issues recall issue title and then I remember the words of one of the imams Imami then I mention the rest of the consensus, at the end of each issue most likely according to what I see true, it probably said a dissenting opinion to the consensus governed by change of time, or suggested a doctrine contrary to the consensus, and that what appeared Lee is right, indicating the reasons for kicks, and bearing in mind the words that combine evidence or be approval for the purposes of the law of the assigned work, has worked hard championing what appeared to me that the right thing all the evidence indicates it from a book or a year or impact or reasonable, and supported by the rules or doctrinal fundamentalism and cited the words of scientists when investigators found.(C) of the said evidence of the requirement or health, for example, if brought to the significance of such evidence, I draw him and warn him in light of his words, what was the direction or statement or explain or add or discussion did not mention her reference it from me.Fourth, the research plan : Studies required to swear on the subject of research and pave the three chapters, in the introductory chapter I studied the fact that the dispute between the Islamic sects in the interpretation of texts, and in turn divided on four topics : The first topic : In the doctrines of the difference in the legal provisions and the reasons for his wisdom, and the second topic : work on controversial issues, and the third section in suspicions about the reasons for the dispute, and finally the fourth topic : the origins of the dispute between the sects.In the first chapter the provisions relating to marriage introductions addressed, contains three sections : First topic : the sermon, and the second topic : the civil and efficiency in the marriage, and the third topic : the taboo of women.In the second chapter dealt with the agreed and contentious issues in the marriage, and the two issues, bid'ah - First topic : issues agreed between the front and other doctrinesThe second topic : contentious issues between the front and other doctrinesThe third and final chapter Fajssth agreed to talk about the contentious issues in the divorce, and also divided on two themes : First topic : issues agreed between the front and other doctrinesThe second topic : contentious issues between the front and other doctrinesThen the conclusion has been reported in which the main search results.Then the sources and references adopted in my research that.
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