ردمد المطبوع (Print ISSN): 2071-6028

ردمد الإلكترونيّ (Online ISSN): 2706-8722

Volume 1, Issue 2

Volume 1, Issue 2, Spring 2009, Page 1-351


Restrictions on Freedom as a Kind of Punishment in Islamic Criminal Jurispurdence

Mahmud Shams Aldeen Abdul Ameer Alkuzaai

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 2, الصفحة 1-33

The work of jurisprudence of the greatest works, and the best spent in the precious times, as it is known halal and haram, and border and statutes are established, and Islamic jurisprudence - with its various sects - has been and continues to keep pace with the lives of Muslims in all their affairs, social, economic, political and living, and the scholars and imams The flags of the lamps of the Dja, and the sun of darkness, spread the religion of God, and explained the doctrine of Islam, and these imams were - and are still - the campaign of the true Sharia, about him Dhedin, and his speakers, and his teachings are working, and to God Almighty.Perhaps the easiest thing that we can provide to serve this great immortal legacy, is to roll up seriously to study some of its issues, and urge sincere efforts to discuss some of the issues that raise the thumb and shapes of some of the components of our great Islamic jurisprudence, may be of benefit to learners, and benefit from them Students of knowledge.Perhaps the investigation of criminal jurisprudence of the detective and important at the same time, as it has a direct contact with the individual, and because it is closely associated with his daily life, and in order to be the one who received the honor to contribute to the service of this timeless jurisprudence, I chose to spend my task to discuss aspects of jurisprudence Islamic criminal law, to be the subject of this modest study, I was interrupted by some aspects of reinforcing penalties, which is to strengthen the freedom of the offender, as it is known that the ta'zir is of various kinds, including physical penalties, including financial penalties, and penalties restricting freedom, Other freedom of movement I have studied the other types of reinforcing penalties. My purpose is to deal with two basic punishments under the name of a restrictive penalty: imprisonment and alienation or exile, which the scholars considered in their books as a reinforcing punishment. The title of this study should be:Restriction of freedom as a reinforcing punishment in Islamic criminal jurisprudenceThen I thought that the research plan should be divided into an introduction, three topics and a conclusion.As for the introduction, this has dealt with the importance of the study of jurisprudence and optional reason for this topic.The first topic made him address the concept of ta'zir, imprisonment and the legal details of the penalty of restricting freedom.The second topic made him deal with the sentences of imprisonment as a restrictive punishment for freedom.The third topic made him to deal with Westernization and deportation as a restrictive punishment for freedom.Then I concluded in the conclusion the most important findings in the search of the results.I hope that I will find in the chest of those who read this work what intercedes for me if there is a defect, and I can only repeat:If you find a defect, fill the imbalance, it is the fault of those who have nothing wrong with itOh God, this effort frankly, and the shortcomings or malfunctions, it is from myself and the devil, and what was the full and good, it is thanks to God Almighty and good conciliation, and it is only responsible to benefit him, and written acceptance, and circulates the benefits.And peace and blessings be upon our master and Prophet and our beloved Muhammad Sadiq faithful, and on his good God, and his companions Ghajar Almiamin, and those who follow them with charity until the day of religion, and praise be to Allah, Lord of the Worlds.

The Mourning Process for the Husband's Death in Islamic Legislation

Dhiaa Hamud Khalifa Alqaisy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 2, الصفحة 34-62

Allâh the Almighty has prescribed for His servants the provisions of which they are working, and these provisions, including what is general, include women and men, which are the most legitimate costs, including the five obligatory duties. Some of them are special for men without women such as the Emirate, and Friday prayers and some of them are for women only, such as menstruation, puerperium and kit.I have written this research for several reasons:The first reason: Muslim women know their place in the Islamic religion, they are the mother in her satisfaction, may Allah be pleased, and in her indignation of the wrath of God, a wife who lives in the souls and reassure. She is a sister and a girl - pet life.And because of its importance recommended by Prophet Muhammad - peace be upon him - in the farewell sermon for good and this shows great care for Muslim women at all times and places, especially that the Muslim woman invaded at this time in the street, at home, and in school to rob her dignity and humiliation, and to descend Of the status that Allah Almighty wanted for her.The second reason: To show one of the important aspects in the life of Muslim women, so mourning is a legitimate matter that concerns women, which is a time imposed by the wise street on the woman after the death of her husband four months and ten waiting for non-marriage until the end of this period.The third reason: In order to know that the death of her husband dissolved the contract, and that God Almighty has begun mourning to show the importance of this contract and show honor. And that with God place, making the kit for him, and make mourning of this intent and confirmed until the wife made the first act on her husband from her father, son, brother and other relatives, and this is to maximize this contract and honor.The fourth reason is for women to make sure the difference between marriage and incest is all of its rulings.Therefore, it was prescribed at the beginning of the marriage to proclaim it, testify to it, and beaten with a tambourine to achieve the countermeasure between it and the incest.Islam proceeded at the end of it and ended the kit and mourning and showed regret for it unless it was prescribed in the incest.The fifth reason: for women to know that sadness is a sentimental condition of every human being, but even animals grieve, and even every living being made by God to strengthen the bonds of affection and love between creatures, and to facilitate the natural reproduction in life, and the evidence in what narrated by Anas bin Malik - may Allah be pleased with him - said We entered with the Messenger of Allah - peace be upon him - on Abu Yusuf al-Qain () and was small to Abraham - peace be upon him - took the Messenger of Allah - peace be upon him - his son Abraham accepted him tattooed, and then we entered him after that The Messenger of Allah - peace be upon him He said: "O son of Auf, it is a mercy, then I follow it with another." - May Allaah bless him and grant him salvation. But what pleases our Lord, and I am for separating you, Abraham, for those who are mourning.Face indication:This hadith came to tell about the innate need of man to grieve and cry without grief and wailing, which was by the tear of the eye and the heart of the paper without indignation to God Almighty. To teach women that in the law of Islam from moderation, and taking into account the weakness of man what is the case, especially the wife when losing her boyfriend, and companion of her path, there is no negligence and no excess, no violation of mourning and not pockets, slapping cheeks, and raise the voice with alarm.The sixth reason is that when a woman knows that the period of mourning has been reduced to four months and ten months after it was a full year, so that the kit does not abound by leaving the decorations ornaments and the completion of mourning period, it is a short period for the duration before the commencement, and he mentioned - peace and blessings be upon him - what they were They do in the ignorance of the eloquent mourning year, and Sabrn on it, do not Sabrn four months and ten, Zainab said: I heard Umm Salamah says: A woman came to the Messenger of Allah - peace be upon him - said: O Messenger of God that my daughter died her husband has complained her eye Isn't it? The Messenger of Allaah (peace and blessings of Allaah be upon him) said, `` No, two or three times. All this says: No, then the Messenger of Allaah (peace and blessings of Allaah be upon him) said: 'It is four months and ten months'. '' .The seventh reason: For a woman knows that it is not permissible to mourn on the dead above three days, whether a father, son or brother, but on the husband of four months and ten duty and determination. For saying - peace be upon him -: (it is not permissible for a woman who believes in God and the other day to challenge the dead above three only on the husband of four months and ten) ().And the eighth reason: to learn the limit that God Almighty denied to those who forbade his adornment, which brought to his slaves and good things of livelihood, and this shows that it is not permissible to be deprived of adornment except what God and His Messenger, and God Almighty has been denied in the words of His Messenger - peace be upon him - Adornment mourning for the deceased her husband four months and ten, and mourning allowed to leave on non-husband three days is not permissible forbidden other than what is forbidden God, but is the origin of permissibility.The ninth reason: to be a mourning lesson for the United to be considered by the difference of the Lord of the House, and to know that death comes without a deadline, we do not know who is the owner of the grave next to this we buried, and if the death has passed us to others, will skip others to us, let us take care, and the rest of the world Beard .. And what is alive on the world remaining.The research was divided into five sections, starting with an introduction and ending with a conclusion.I dealt with in the first topic: the definition of mourning language and terminology, with a statement of his mandate and the wisdom of it.In the second section, who should mourn, and when to begin.It dealt with the third section, the housing and residence of the United, and excuses permitting the dead in the non-marital housing.In the fourth section, the sanctity of the good

The Rule of Praying After the Heretical

Saleem Yaseen Muhamad Saeed; Muhamad Yaseen Muhamad Saeed

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 2, الصفحة 63-87

And after: I wrote this research entitled (Ruling on leading the innovator in prayer)And optional reason for the subject of the following things: -1- To show the importance and virtues of prayer in Islam.2 - to the great complacency of many Muslims in congregational prayer.3 - to identify the heresy and its sections, which became the word trade and sword in the hands of dupes to challenge the imams of Muslims and their scholars.4 - to emphasize the freedom of opinion and the scope of the horizon of diligence, and not to challenge the offender as long as the discipline disciplined in accordance with the legitimate controls.My research plan was: It consists of an introduction and five topics:   The first topic: the truth and legitimacy of prayer and the virtue of prayer in congregation  The second topic: the definition of heresy and what Muslims should towards the innovator.  The third topic: Ruling on praying in congregation.  The fourth topic: Definition of Imamate and its conditions.  The fifth topic: Ruling on praying behind the innovator.Then a conclusion to search, then sources and references.What was right is the reconciliation of God Almighty, and what was in it is the nature of human beings, and ask forgiveness from God.

The Rule of Employee's Shares in Islamic Legislation

Ibraheem Ali Allah Juair Alqaisy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 2, الصفحة 88-124

This research means jurisprudence by virtue of the common wage employee who is in the process of stating his judgment and the work he does if he perishes because he can be avoided or not. If I disrupt his work or destroy him, I started my work with the help of God to complete this modest effort

Some Rules for the Pregnant Women in Islamic Jurispurdence

Muhamad Nabhan Ibraheem raheem alheety

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 2, الصفحة 125-182

Islam took care of women in all stages of life, and gave her the right from the beginning of her upbringing in her father's house through her marital life until she dies long-term, and the street - at every stage of her life - set a red line that can not be crossed by any creature, has worked to protect and protect those rights In this research I wanted to stand on a number of provisions of a pregnant woman to show the extent of Islam's care for women at this stage and save the fetus that holds it among her guts; through various legislation that took into account the pregnant woman's Privacy, necessitated its exclusion from some of the provisions Shara Of.

The Public and Private Pledge of Allegiance

Wathiq Waleed Khamas

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 2, الصفحة 183-226

The order of the Imamate and the Emirate and its assumption of the most serious issues that the strength of the nation and the preservation of its order and the maintenance of its eggs and the establishment of the law of God Almighty; Therefore, it was necessary to indicate what it was holding.

Brief Ghuniat Almutamaly In Explain muniat almusaly(a course in menstruation's rule-a study and review)

Ahmed Rasheed Thumail

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 2, الصفحة 227-252

The provisions of menstruation is one of the chapters of a manuscript book in the Hanafi jurisprudence, I chose in search of the statement of water menstruation, types, and provisions, ask God Almighty to guide me in taking it out properly.

Business Deal at the Time of Friday Prayer

Bassim Muhamed Ubaid Farhan

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 2, الصفحة 253-268

This research aims to indicate the time when the sales contract and other contracts are prohibited? What is the ruling on the contract if the call is made? What is the ruling on the sale contract if it is done by those who are not in charge of Friday prayers? Perhaps I offer a useful fruit by reviewing the adequate answers in this study.

Prefering Prepositions Better than others in Holy Quranic Language

Saadoon Khalaf Abid

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 2, الصفحة 269-312

This research sheds light on the aspects of his systems and put prepositions in the appropriate place, a door in which he looks at the building and the meaning, and then critique the facts to the beholder after meditation, and penetration into the issues, going beyond the exposed phenomena to the hidden hidden