ردمد المطبوع (Print ISSN): 2071-6028

ردمد الإلكترونيّ (Online ISSN): 2706-8722

السنة 1, العدد 3

السنة 1، العدد 3، الصیف 2009، الصفحة 1-483


Arbitrary Divorce Between Legislation and Law

Majeed Ali Alubaidy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 3, الصفحة 1-68

For the sake of the continuity of life, and the survival of the human species, God has enacted marriage, in which men and women meet, and cooperate in building the family, it is the main nucleus of society. Laws menial, and human habits on them, set strong rules and solid foundations, to establish this structure please spiral and continue in a proper way, and Islamic law like other laws, confirmed the establishment of this structure, and laid the necessary foundations and sound for him, and called on its members to marry early, he said: (( O youth of those who were able to you, let him get married, it is more difficult for the eyes and fortified for the vagina, and who could not do the fast, it came to him)).    He also called for the choice of a good husband said : ((If you come from the satisfaction of his religion and created Vnkoh, only do not be strife in the ground and corruption)).    He said: ((women marry for four, for her money, and for her, and for her beauty, and her children, Vzvar same religion raised your hands)).The marital relationship in Islam is a holy relationship, based on piety and good cohabitationThe prophet says: ((Fear God in women, you took him faithfully God, and Tsthaljn Farjhm word of God, and that you should not set them brushing anyone hate him, if they declare Vdharbunha beating unjustly, and you have a living and cladding known)), but despite these The importance and seriousness of marriage, it may not be successful, it may betray eyesight and deceive the feeling in the choice of life partner, coupling may be based on the wrong choice… Vtqd days during the marital life of each other's satisfaction of the other character and creation, or may occur after marriage is beyond their management , Vkdr disturbed marital life, Vnqlb turn the basis of their entity to Mao Love is turned into hatred, harmony to misery, affection and tranquility to chaos, and it is not wise to force a party to accept the continuation of this fragile entity, which, day by day, exacerbates the problems that may lead them or one of them to criminal behavior or moral deviation. Divorce became necessary to resort to the nations, and approved by the heavenly laws, and adopted by positive laws.    And Islam approved divorce if marital life reached a dead end, and proceeded to him from the ethics and teachings that achieve the interest of the family and the nation in a way that is away from arbitrariness and injustice, and set conditions for him, and set limits, and imposed on the will of the husband so that he could not be considered a qualitative work On him whenever he wants and for whatever reason he wants.    The jurists agreed that a man has the right to divorce his wife, if he has a good reason to divorce, in order to end the marital life that is inevitable to end, because of misery, disagreement, bad ten, repulsion foul and other reasons that disturb the marital life    But granting this right to men is not to launch it, but necessarily restricts the extreme and the urgent need where the divorce and the solution of marital life is better than continuing.    Accordingly, a husband who divorces his wife without the utmost necessity or urgent need shall have committed a haraam act and may be abusive in the use of his right granted by God, and the material and moral harm to the wife who has been divorced should be compensated.    Whereas arbitrary and unjustifiable divorce is a serious social disease that leads to the destruction of homes, the rupture of families and the displacement of children, I would like to write a paper entitled "Compensation for arbitrary divorce between Sharia and the law", so that both men and women know what they are and what they should do. Such a divorce occurred, God forbid.    The research plan was considered to be an introduction, a preamble, two chapters and a conclusion.    The preamble included the meaning of divorce in terms of language, sharia and law and the extent of its legitimacy. The first chapter included three sections, the first section on the abuse of the right to Sharia and the law, and the second section on the origin of divorce is it permissible or urban? The third topic is the idea of ​​arbitrary divorce in law.    The second chapter also includes three topics, the first section on the legality of compensation and legal jurisprudence, the second section on the conditions of eligibility for compensation, and the third section on the proof of arbitrariness and how to estimate compensation.    The conclusion was dedicated to the results I reached, if I was injured, thanks to God and from him and his generosity, and that I made a mistake and myself and the devil, and God, the conciliator, which is my trust in him and entrusted him.

The Conditions of Personal Interpretation in Imitating Judiciary

Aqeel Abdul Razaq Affan Alhamadany

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 3, الصفحة 69-109

Praise be to Allaah, who created creations and put the balance, and prayers and peace be upon whom God gave wisdom and good statement, and on his family and companions and those who followed him with charity.After.God Almighty created creation, sent the apostles, and sent down the books; for people to do the premium, and to rule justly, justice is a corner, and a solid asset, by the heavens and the earth, which is the trust of God Almighty assigned to His slaves in his land, prophets and successors, that God orders you to lead To her people, and when you judge among people to judge by justice, Allaah exhorts you with Him, because Allaah was poison.It is a precious veil, and the status of God is great, the Prophet said : ((The premiums to God on the platforms of light on the right of Rahman الرحمن, and both hands right: those who adjust in their judgment and their family and what they have gone)) ().Therefore, the judiciary in Islam was the clear picture to achieve justice, which God commanded; to preserve rights, and establish borders.The practical reality of the judicial process in the history of Islam has witnessed the achievement of this great purpose.The importance of this duty is assigned to the person of the Prophet (s), or whoever is succeeded by the Prophet (s). Then he was the successor after him. Because the inability of the caliph or the head of state to carry out all the duties himself, the judiciary was made a state to be assumed by those chosen by the caliph. For serious, spoil more than fit.Perhaps one of the important conditions that we have seen to be highlighted in this research is: knowledge of the legal provisions or attain the rank of diligence.Judiciary in Islam is not a judgment of defamation, fancy or abstract reason, as is the case in positive systems, but rather the judiciary of God's law and arbitration of its approach, since justice, which is the core of the judiciary and its truth, is to follow the rule of God home as Imam Shafi'i () (), or Is the ruling, including God revealed as Ibn al-Musli () ().That is why this research was an answer to the judge's fortune with the science that qualifies him for this great task.

Ibin Taimia Jurisprudence Priorities in his Book Majmuaa Alfatawa in Personal Record

Abass Ali Mahmud Alqaisy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 3, الصفحة 110-147

Introduction :Praise be to Allah, the Lord of the Worlds and the best prayer.After ..The Islamic nation is rich in scientific heritage, which is a pride for them throughout the ages and times as it is one of the pillars of its renaissance and the fruit of the fruits of its life and culture and a title of the glory and glory.It is only thanks to God for this nation that has made our religion fit for every time and place and according to the priorities we can arrange judgments and organize actions by providing the first and most likely on the likely without excessive and not neglect to preserve the unity of the nation and reach them to safety.Failure to follow the jurisprudence of priorities, which the Prophet (peace and blessings of Allaah be upon him) did not neglect, nor to his esteemed companions, led to the enemies of this nation demanding them by activating the differences resulting from the incorrect understanding of this religion. Teemed with them at this time.The jurisprudence priorities in personal status stated that the structure through which the nation proceeds to achieve the goals of Islam.For that importance I chose to be the subject of research (jurisprudential priorities of Ibn Taymiyyah in the book of total fatwas in personal status).Note that my thesis, which obtained a doctorate in Islamic jurisprudence from the Islamic University in Baghdad was entitled (Fiqh priorities when Imam Ibn Taymiyyah through his book fatwas in the door of worship), I wanted this research and the next research - God willing - to complete jurisprudence priorities When Ibn Taymiyah in his book the total fatwas in the door transactions.After trusting in God I took looking at this area of ​​jurisprud

The Husband's Rights

Salah Aldeen Namiq

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 3, الصفحة 381-418

The issue of marital rights in Islam is one of the most important legislation that Islam has brought, and the greatness of it, and addressed by guidance and guidance, because of the protection and maintenance of the family in which men and women are the primary parties to them, and thus entails the future of this family, was the subject of marital rights The subjects given by Islam are of great importance in Islam because of the family's great place in building the Islamic society, and the formation of its leaders and soldiers, these rights, and the exchange between men and women within the same family of the most important reasons that lead to the stability of married life, and the stability of the whole family This stability was the biggest reason for building the future blocks of sons and daughters in the Islamic society, and the tragedies experienced by our social reality because of the lack of commitment of both men and women to the rights of the other within the family institution, which made this nation deteriorated in the abyss of corruption and vice, under the pretext of the reactionary Islam once. Under the pretext of despising women again, and under the pretext of injustice of women often, even the enemies of Islam were able to plant these destructive principles within our Islamic society, which led to the transgression on each other's rights, and contempt for each other, and thus overruled the bond of this great contract and the heavy Charter that culminated E God between men and women, it was the cause of the corruption of our youth and the collapse of their morals and stay away from the provisions of this religion and traditions.

Landmarks in Reporting Islam and Guidence

Aisar Faiq Jihad

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 3, الصفحة 419-459

People all the time need someone to guide them, inform them and teach them the matters of their religion, as was the prayer and peace teaches the people, it is the task of all the prophets, came and ordered to reach the messages of their Lord. It is also the mission of the preachers after them, they are the heirs of science and call, as said by prayer and peace: ((scientists and heirs of the prophets)) (2), the need for calling and reporting is required at all times to the time of the hour, it is the task of all jealous of this religion, especially In our time, we need more. The material and temptations of life dominated the hearts of many people and indulged in them and moved away from the orders of God and the morals of Islam, so that people are not forbidden to do evil, and do not shy from the taboo of God. It is necessary to revolutionize the situation and awaken the hearts of its negligence, by guiding in order to live Islam in our societies, and the nation rises from the ruins of the accumulation of foreign intellectual, moral and ideological conquest. In this mission and the nation's need for it. The da'i, if his heart does not burn longing, and his soul is torment, and his mind is important to this religion, he does not speak guidance because it does not find anyone to listen to him, because the call is the heart of the universe and the spirit of existence and the balance of the world, and the valve of security and safety for him.When the preacher does not feel his responsibilities in saving faith, which threatens him from a great danger in the whole world.So how does he want the world to take from him and listen to him? It must also be loaded with tens of compassion and compassion spiritually and morally for those in need to have a great impact on them, as well as the preacher must be driven by the responsibilities of the call for greater awareness, understanding of the spiritual and intellectual guidance of the world, and through the discovery that others can understand.And it must also, not to hit his soul cool, and the fire of his longing, and the heat of his heart on this religion.These are some of the general features that I have said in this research in the field of the call to God. May preachers benefit everywhere, to elevate religion to the highest of its houses, and in the original form drawn by the Qur'an and Sunnahإ

The Secrets and the Benefits of Night

Takleef Lateef Rizig

مجلة جامعة الأنبار للعلوم الإسلامیة, 2009, السنة 1, العدد 3, الصفحة 460-483

In the universe, God has made our age constant, and the Laws do not change, whether it is related to the indefinite continuity of life,Almighty:  and made us night and day two verses Fmhona verse night and made us a verse day photoreceptor for ye may seek as well as from your Lord, and learned a number of years and account  (1), or of relevance to other life, life after death, such as saying the Almighty:  security is obedient pots of the night, fearing the Hereafter And ask the mercy of his Lord, say, Are those who know, and those who do not know, but remember the first and the first night? For the day the mundane, and the consequent knowledge of times Boaamha and Osabiaha, and Shahurha, and Oawamha, make the night and day are two, and each one of them a role in the stability of life on this planet, not only for humans, but all creatures.The second verse through which we know many of the mysteries of the Lord in the choice of the Almighty to be a favorite time than other times to pray, pray, praise, and reflection.Observers of the verses of the Koran find that the word (night, night, night, nights, nights) has been repeated about (92) times distributed to a level beyond the human mind to describe, so we will try to reach some knowledge of the divine judgment that is manifested by the difference of night and day Where God dedicated (the night) to be a time of interruption and stand in the hands of God in every reflection and reflection and reflect on these verses shows a new thing and wisdom was not visible before.