ردمد المطبوع (Print ISSN): 2071-6028

ردمد الإلكترونيّ (Online ISSN): 2706-8722

الكلمات الرئيسة : Ruling


Fiqh jurisprudence derived from the story of the marriage of Sayyida Zainab bint Prophet peace be upon him Abu Al-Aas (comparative jurisprudence study)

Ali H. Abbas Mhna

مجلة جامعة الأنبار للعلوم الإسلامیة, 2018, السنة 9, العدد 36, الصفحة 253-314

Praise be to Allah, the Lord of the Worlds, for the best of prayer and the completion of the delivery to our master Muhammad and his family and companions.After:My research is divided into two chapters:The introduction, which showed the virtue of forensic science, and became the various of the great and dangerous service.As for the first section, it was divided into two requirements. The first requirement is that the life of Sayyid Zaynab (may Allah be pleased with her) be recorded and her birth, her name, her family, and her family.The second demand: the neighborhood where the life of Ms Zainab marital, may God be pleased with them, indicating, the marriage of Abu al-Aas, her children, the families of Abu al-Aas, the migration of Sayyid Zainab may Allah be pleased from Mecca to the city, Ijara and Islam Abi al-Aas, and death.The second topic: A paragraph in which the jewel derived from the story of the marriage of Sayyida Zainab may Allah be pleased by Abi AasIndicating five issues and in detail:The first issue: Ruling on a contract if the wife and her husband are kaafir and the band is then MuslimThe second issue: Ruling on renting a Muslim woman to a kaafirThe third question: Ruling on a kaafir prisonerQuestion 4: Ruling on counseling to pay ransom for a kaafir prisonerQuestion five: Ruling on the migration of Muslim women from the house of kufr with non mahramThe conclusion, in which I showed the most important findings.

Ruling on translation in the jurisprudence of Islamic jurisprudence

Saad E. Ahmad

مجلة جامعة الأنبار للعلوم الإسلامیة, 2018, السنة 9, العدد 34, الصفحة 419-500

The truth of translation and judgment, translation in linguistic means explanation the speech in another language, or transfer it form language in to another one, and in Conventional Meaning it means the expressing in another language a lot of those who do not understand the language.
Judiciary in language: it means the rule, and conventional means looking between the litigants and to solve the litigant and to finish disputes, the conditions of Judiciary are maturity, rational, freedom and Islam and must be responsible and have knowledge in Fiqh.
Whereas, the ruling on requiring the number in the translation in the judiciary two opinions for Jurists: First saying: number is not necessary in translation and accepted of one translator, second saying: number is necessary , and there must be two translators in two matters : first one if the right do not be accepted two men or one man and two women, and if the right was not in funds, this can only be accept by two men, second matter, there must be fourth witnesses, and the most correct saying is the second one in the first matter: whom said two men if the problem was in funds or in others, and the first saying in second matter whom said two witnesses in adultery , this in interpreting disputes' saying or the witnesses in front of Judge, and one translator is enough in interpreting Judge's saying for disputes.
The rule of using translator in Judgment, if the Judge was now the languages of disputes and witnesses in this case the translation is not necessary, and if he doesn't' now their language the translator is necessary.
The rule of translation as witnessing or saying, there are two opinions of Fuqah, the first opinion consider translation is an inform, the second opinion consider it as witness, the accurate opinion is the second.
There are two opinions in rule of utter the testimony in translating in judgment: first one, it is necessary, second , isn't, the accurate opinion is the second.
The rule of blind's translation in three opinions; the first opinion it is not allowed, the second opinion the blind can be as a witness in translation on condition no one speak in sitting just the disputes, If some of them speak, his witness doesn't accept in translation. The third opinion is blind's translation is allowed, the second opinion is accurate.
While the rule of women's translation in judgment in three sayings: if her translation was about funds it is acceptable, and if her translation was about rules and punishments and such as matter doesn't accept her translation. The second saying women's translation can be accepted as alone. The third saying is the one women if she was trusted and free not maid in this case her translation is acceptable, the accurate saying is the first one. While the rule of father's and mother's translation in two sayings, the first one is not allowed , the second is allowed, the accurate saying is the first.
The rule of translation the two translators about others, there are two opinions : the first opinion is : the translator of one of the adversaries may be the translator of the other. The second opinion, there must be for every adversary two translators and It is not enough for two witnesses or opponents of the Ajami translators, the first saying the accurate
While the rule in free of translator in Judgment in the Shaafa two opinions: the first one , translator must be given from house of money, the second opinion his fee must be on who translate for.
And I had shown the difference between the translator and auditor and the difference between the witness and saying, then I have finished the paper with conclusion mentioned the important, then mentioned the references which I have used in my research paper.
Finally , Praise be to Allah, Lord of the Worlds , and peace and blessing be upon our prophet Mohammed and on his companions.

حکم اسقاط الجنین المشوه بین الشریعة والطب

مجلة جامعة الأنبار للعلوم الإسلامیة, 2013, السنة 4, العدد 15, الصفحة 359-433

Jurists are not in agreement on a unified definition for the abortion. In stead they use the term miscarriage.
Abortion means throwing the fetus from the womb of a woman whether alive or dead before the completion of pregnancy.
Ahnaf and Shafia have defined the fetus , blood clot and the embryo whose creation is not distinguished . They put a regulation the creation. Hanabila believe that sperm and embryo are exempt from their consideration. Thus their definition is not comprehensive. Malikia and Dhahiriya believe that the fetus everything residing in the womb of the woman regardless of the picture of the human beings.
The distorted is any creature who comes out of the womb his mother deformed.
The distortions in the first group Are very serious or incurable.
The majority of the jurists think that the blow of the soul in the womb is within forty days.
As with the second group the distortions appear between the third and the eighth weeks . They are clear and visible inside the womb such as deformation of the skull growth or brain or the blockade in the wind pipe . The other group is concerned with those who live in defective life depending on the others.
There are other distortions which do not lead to any hindrance of life and which do not kill the fetus. Some hanafiya jurists have given the license for the abortion especially with the father s inability to hire a woman to act as a sucker.
A formation of an experienced juristic committee which takes into consideration the distorted with regard to social and material circumstances. For each case there is a special legal opinion . There are various cases ranging from the ones which can be healed to the ones which cannot. There should be a special committee examining the fetus especially in the first cases. These committees study the heredity factors. If it is found out that the fetus is distorted and it is impossible to treat they decide on the abortion b before the blow of the soul. This is the idea of the Islamic judicious assembly issued by the Egyptian advisory opinion board.

The rule of insulting ruler, muslim and disbelieversin islamic jurisprudence

Ahmed Khatal Mukhlif Alubaidy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 7, الصفحة 35-65

Provisions of cursing the ruler and the Muslim and the unbeliever in Islamic law (Sharia)
Praise be to Allah , the god of all mankind and peace and prayers be upon the seal of the prophets and messangers, Mohammed (peace be upon him and his followers). The act of cursing is unpermitted in Islamic law. The legislater defined the punishments to be imposed on the cursers wether they intend to curse the almighty God or our prophet Mohammed or any other prophet or even a Muslim being ruled or a ruler. The Islamic law (Sharia) has even imposed a punishment on those who curse unbelievers including those who entered the Islamic countries according to a contract that provides them with protection from any harm. Thus the curse is considered a harm
which is not allowed.
The phenomena of cursing has spread in Islamic socities and has become a common phenomenon. Many people feel proud of cursing and some of them openly curse the Sultan (Ruler) of muslims. Some others curse one of the Islamic doctrines without paying attention to what they are doing. For this reason I started to conduct this research in order to point out the ugliness of cursing and its illegality. The research also indicates the judgement of the curser in general. The research is limited to the judgement of cursing the ruler, the muslim and the unbeliever. It includes an introduction, three chapters and a conclusion. In the first research section I provided a defination of the act of cursing
and the terms relevant to cursing. It also deals with the judgement of the nomination of the ruler including the conditions for that purpose and obedience to him. In the second section I talked about the judgement of cursing the ruler and defined reprehension which is considered a punishment for the curser. The third research section deals with the provisions of cursing the muslim, unbeliever and athiest as well as the injustice of the curser.
Finally. I ask God that I could achieve success in this research which can be useful to all muslims. If it is perfect it is a result of God guidance. If it is not it is my responsibility. At last, we say (praise be to Allah, the god of all mankind.

The Rule of Recital Prostration

Dhiaa Hamud Khalifa Alqaisy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 5, الصفحة 106-133

Praise be to Allaah, who says in his dear book: “If there were not a group of them, they would not agree with them in their religion, and they would have warned their people if they were afraid of them.”And peace and blessings be upon our master Muhammad and his family and companions.And after: The science of jurisprudence of the most honorable science and the most important to the need for people in the worship and transactions, Valtgalh of the best kinship and for the sake of obedience, which is the best in learning and teaching times.It is the generosity of God to make me one of the students of this sea in the midst of waves, wave overwhelm, and a wave that pushes me to get something from his ruby ​​or repetition, and God Almighty has prepared for this science in all ages, men who are competent and dedicated their lives to serve him, I was a student of their students, may To do so with my humble effort is easy to serve this science.I signed on a subject that every Muslim needs in the mosque, school, university, market and farm, and in his dissolution and travel, and I thank God Almighty to choose this research; because it is jurisprudential first and because of his honor in the service of the Koran, and secondly, I hope to receive honor (charity) charity learning Jurisprudence, to say (Whoever responds to God good understanding in religion and inspire his senses, but I am Qasim and God gives, and this nation will still be based on the order of God does not harm them from their contravention until the command of God) ()Charity and learning the Koran preached by the Messenger of Allah peace be upon him by saying: (your good who learned the Koran and taught him) (). I have done my best to take the views of the scholars in this research and came in the form of research and demands taking into account the origins of scientific research. The research included an introduction and four topics.

The Rule of Reciting Quraan After Imam

Amjad Muraqib Dawood ubaid

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 4, الصفحة 57-100

Praise be to Allah, the Lord of the Worlds, and peace and blessings be upon the envoy as a mercy to the worlds, and to his family and companions,The scholars differed in the reading of the imam behind the imam between Mujib, Mahbib and Mana, and a number of scholars have written books and research in this, including: Imam al-Bukhaari A part in reading behind the imam, where he talked about the reading behind the imam, Imam (), as did Bayhaqi in his book "Reading behind the Imam", where he cited the sayings of scientists and their evidence, and the victory of Shafi'i doctrine that the reading behind the imam, whether prayer is secret or aloud, as did the blessed in his book ", And conveyed his entirety in his book" Masterpiece Al-Ahwadhi He explained the mosque of al-Tirmidhi, "and tended to read also (), as well as obliged by Ibn Hazm Andalusia in the" local "(), and Shokani in" Neil Awtar "().There is a duty to read behind the forward in secret prayer without aloud, such as the virtual and some Maliki ().There is a prohibition on reading the person behind the imam, whether the prayer is secret or aloud, such as a tap.Many people are confused in the rule of reading, I liked to show in this modest research aspects of the agreement and the differences and the most likely ones.