ردمد المطبوع (Print ISSN): 2071-6028

ردمد الإلكترونيّ (Online ISSN): 2706-8722

Volume 2, Issue 8

Volume 2, Issue 8, Autumn 2010, Page 1-409


.

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 1-26

It is well –known that the woman has no right to practise the work of judges or to work side by side with the judges in the courts of the Arabic and Islamic states including the Iraqi courts.
But, some religious scholars gave permission to the woman to work as a writer of the marriage contract. People differ in this case, some agree that the women have the right to be writers of the marriage contract, others disagree.
This research tries to investigate the nature of this work and the legal attitude that concerns practising this work by the woman. Also the opinions that support this view point or refuse it are clarified. The most important conclusions that the present research arrived at are also mentioned in this research.

تطهیر دار الإسلام ودار الحرب من المحتلین وآثارهم التی أنشؤوها

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 27-56

The researcher started his paper with the clarification of the reality of Islam country and the enemy’s country in the language and usage of jurisprudents. Regarding the truth of Islam country, he stated that the views given by the old jurisprudents agreed that “ it was the country that the muslims settled in and in which the rules of Islam were applied”.
According to the meanings of the expressions of the contemporary jurisprudents, Islam country means (every country in which the rules of Islam is applied for being beyond the domain of Islamic sovereignty). Then the researcher explained the rules that govern the change of the enemy’s country to Islam country since the scholars agree among themselves that it becomes an Islamic country when the rules of Islam prevail and muslims have full mastery upon it.
As regards the change of Islam country to an enemy’s country, the researcher pointed out the differences among the jurisprudents in this respect. He pointed out the views of Al-Hanafiya and the conditions that concern the subject. He also clarified the views of Al-Malikiya concerning it. Then the views of Al-Shafi’ya and Al-Hanabila were mentioned.
The researcher also clarified the rule given by the jurisprudents concerns the countries of muslims which become under the control of the unbelievers. This particular subject is divided into two sections: the countries that could their people publicly practise their religious duties besides applying some rules. These countries are neighbour to the countries of muslims from each side. The other section is about the countries that their people leave them or remain humble in them since they could not reveal the rituals of Islam and its rules. These countries are not neighbour to the countries of muslims.
The researcher also work about the view that concerns the relationship with the warmongers of non-muslims and how to deal with them. Also the definition of the term ‘warmongers’ by the linguists and the jurisprudents were stated.
The researcher divided the warmongers of non-muslims into three sections and he clarified the rule of each section. The first section: those who did not fight muslims and did not urge to fight them. The second section: those who revealed their enemity to muslims and waged war against them and fought them because of their religious identity. The third section: those who did not fight the muslims directly but they revealed their enemity to them and they supported those who fought the muslims materially and morally.
Then the researcher mentioned the most important results and effects that caused by the occupiers. He classified them into: economical effects, intellectual effects, safety effects, medical effects, social effects, political effects and military effects. Then the researcher mentioned the kinds of aggressions of the foreign occupation and their negative effects. Then explained what muslims should do to liberate their countries from those aggressors and how to treat their bad effects. This was divided into several duties each of which is suitable to one aggression among the various aggressions which were stated in this work. Then the researcher presented the most important results and recommendations that he arrived at including the rule that concerns Iraq as the country of muslims; the rule that concerns the aggressive occupiers that are found in the countries of muslims and the legal judgement that concerns who supported the occupiers against the countries of muslims by any means.

الفکر الاقتصادی عند الماوردی فی قسمة الفیء والغنیمة من الأموال والأرضین

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 57-81

The research entitled ((The Economical Concept of Al-Mawardi
in Distributing of the Booty)) includes the exposition of his
economical opinions according to the following:
1- Presenting a summary about his rank and position in the period of the Abbasid caliph "Al-qaim Bi Amir Allah", and also his economical policy in which he harmonized between the demands of the Sultan, commanders, taxes collectors and the demands of the Islamic law, therefore Al-Mawardi considered as one the greatest theorists of his time.
2- He considered as a follower of the Shafi doctrine therefore his ideas and thoughts are matching the ideas and thoughts the Imam Shafi's. Because while speculation of the booty money he found out that the tool of one fifth from it has a script which is not allowed to be jurisprudence or theorized. And limited four-fifth for the army and the Muslims' public interests in contrast to the other opinions of not deducting one-fifth of the booty and it is according to the Imam's opinion. And he saw that four-fifth of the booty properties should be in the public interest with taxes on the renters.
3- The opinion of Al-Mawardi is alike with the other theorist about the necessity of paying the booty from the one-fifth while the other four-fifth would be distributed among the gainers, but they are unlike in their opinions about the way of distributing it, because according to Al-Mawardi, the distribution should be deservedly without any preference of attending the war or not, but according to the other jurists, the distribution is according to the Imam's opinion with the participation of those who didn’t attend the war according the common interest. While the booty territories should be distrusted among the gainers after deducting the one-fifth from it unless if they want to leave it for the Imam then it will be in Muslims public interest with taxes as a rent.

ترجیحات الإمام أبی جعفر الطبری فی فقه العدّة فی تفسیرهِ

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 82-140

The present research consists of an introduction and two sections in addition to a conclusion. The first section gives a biography of Emam Al-Tabari, Muhammad Bin Jareer Bin Yazeed Abu Jaffer Al-Tabari, from an Amili birth and Baghdadi origin and death. He was at the end of 224 Hijri and dead in 310 Hijri. Then, the section identifies his name, surname, ancestry, birth, origin, traits, morals, his scientific biography concerning his search for knowledge, his tutors, his pupils, publications, his status among other scholars, his jurisprudence approach, expressions of preference he uses and his approach of exposing jurisprudence problems in his interpretation.
The second section talks about widows waiting period, defines it linguistically and terminologically. It present the evidence for its legitimacy, causes of its necessity, its beginning and end as well as the philosophy behind its legislation. It moves, then, to talks about the cases the Emam has preferred which as seven in number as follows:
The first: The intended meaning of the term " menstruation".
The second: Prohibiting women from keeping back what they hold in their wombs.
The third: In Almighty God recitation " And they(women) have (rights) like(the obligations) they are under with beneficence ".
The fourth: Make up and perfume for the widow during his waiting period as a result of her husband's death.
The fifth: The meaning of "secret" in his Almighty saying " But do not make any promise with them secretly, except that you say some beneficent saying".
The sixth: His preference for Almighty God saying " In case you have any suspicion".
The seventh: The waiting period for the pregnant woman.
The researcher has presented scholars' opinion in each problem then made a balance among these opinions mentioning their evidences and preference concerning each problem. These problems have, then, been arranged according to the arrangement of Ayats in the Holy Quran.
The paper ends with a conclusion.

الأصنام التی ذکرت فی القرآن الکریم (دراسة وتحلیل)

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 141-187

The Idols which are mentioned in the Holy Qur'an:
Study and Analysis.
Twelve Idols are mentioned in the Holy Qur'an such as; Dwar, Zoor, Ba'el, Manat, Al-Shu'ra, Al-Laat, Al-E'uza, Widen, Sewa'a, Yagooth, Yaouq, and Nisra. Nowadays, this subject has a considerable significance, we are certain that there is none who worships these idols publicly. But there are some people who believe that stars and planets have effect on human beings' lives which is known as astrology and horoscopes. Many satellites channels and Medias are specified for such matters to shake the correct doctrine and to implant the diversion within the teenagers. And also to misguide people that they are foreknowing the unseen with Almighty Allah. This action is similar to the worshiping of the idols.
The researcher has followed in this topic the analytical style which is used in the Holy Qur'anic studies and he concludes the following findings:
1-There is a reference that the idol which is made of wood or silver or gold in a form of human being is an idol. But if it is made of clay or mud it is named a pagan statue.
2-It is not allowed to believe in the influence of the astrology and the horoscopes upon the lives of the human beings. And also it is false to make propaganda for such lies in media and journals. One should believe that only Almighty Allah knows the unseen.
3-Too exaggerated love for the righteous persons to the extent that they are able to benefit you without Allah leads to blasphemy and atheism.

أحادیث الهدنة (دراسة وتحلیل)

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 188-224

The present paper deals with truce and the related jurisprudent issues. The paper falls into an introduction, six sections and a conclusion. The introduction sheds the light on the importance of truce and the necessity of searching and examining such matters since it is one of the Muslim-people and state related issues.
The first section defines truce linguistically and idiomatically. The second one handles the legitimacy truce in Holy Quran, honored Sunna and scholars' opinions. The third section clarifies the principles of truce and when to be contracted and sealed. The fourth one elucidates the terms of truce. The fifth section tackles the period of a truce. The last one presents a survey for Hadiths related to the subject as well as an analytical study for these Hadiths, the biography of the narrator and the general meaning and how to apply these Hadiths in Muslim daily life . The conclusion includes the results of this paper.
Eventually, the researcher supplicates to Allah to guide all Muslims to the path of welfare and righteousness.

المُیسَّر فی علم تخریج الحدیث النبوی

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 225-298

Whoever traces the works of ancient interpreters will find out that they mean by the term interpretation whatever the narrator chooses for himself from what he essentially hears from his religious tutors. The selection might be arranged alphabetically depending on the names of his tutors listed in the lexicography; so that this collection is then known as a lexicography. Sometimes it is arranged according to the name of his eldest tutor, so that it is known as “Maishikha” or is arranged as randomly selected benefits and called “The benefits”.
Sometimes, it becomes difficult for the narrator to understand a particular type of interpretation so that he relies on his mates who excel in this task. He may expand his generalization to mere direction, classification and attribution; each in isolation.
All definitions of contemporary scholars centre around one excel namely; the attribution of the prophet tradition and, if necessary, put it into judgment.
Narrators give three meanings to interpretation:
The first: Knowledge of classifications that interpreted the prophet tradition and recorded it on the basis of attribution.
The second: Tracing the element of uniqueness of attribution.
The third: to mean the interpreter of the tradition. This is mainly attributed to the prophet companion in particular, then tracing back that companion who narrated the prophet tradition and paths leading to him.

الجوانب الاقتصادیة والمالیة فی کتاب الإرشاد إلى سبیل الرشاد للهاشمی (دراسة تأریخیة)

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 299-349

The financial and economical aspects are necessary in developing and rising of the human societies in every time, and according to this fact, man had been involved in different fields of the economical activities ,since he had been created and on, to get his minimum living needs (food, drink, and cloths) without harming and reciprocating harm.
So the research is about: first: Al-Hashimi's life then the economical transaction and what it includes of the premises sales, prohibited sale, and the other economical transactions like exchanging, usury, pledge, speculation, loans, partnership, and attorney with an emphasis on the economic method of sale and purchase according to Islam, and also to be away from cheating, aggrieve, usurer, counterfeited contracts, which may harm the people in the society, while in the third part it talks about the financial sources like alms-giving, gains, booty and taxes with clarifying its important by supporting the Islamic country with new financial sources to be spent later on different life utilities.
And there are some conclusions (through out my study to the economical and financial aspects in the book of Al-Hashimi's "The Guide book to the write direction") which is in spite of the consequences which occurred in his place, he kept studying and giving his legal opinion.
Al-Hashimi also talked about the premises sales, and he rejected what was against the rules of Islam. And he also talked about the other economical transaction like the prohibited of usury because of its side effect on the society like the spread of poverty and damage to the economical life and how it breaks the connection among the people of the society,
Al- Hashimi is also announced the Islamic economy method for the loans contracts, speculation, loans, partnership which is applicable to Islam, and he also took in consideration providing job opportunities for those who need to develop their different projects.
Also he discussed the financial sources which applied by the Islamic Economic ideology and where it is spent, and what the Islamic nation provided for the important utilities for the nation in addition to achieving the principle of jointly and severally among the people.

الجذر(ض ر ب) بین الاستعمال المعجمی ومستویات الخطاب القرآنی

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 350-379

The root (Dhad, ra'a, ba'a/Dharaba-hit) between the dictionary usage and levels of Quranic oration.
This research is concerned with the survey of the root (Dhad, ra'a, ba'a) tackled by linguists and with the linguistic analysis of this root and the relevant meanings it is associated with. The research deals also with the role of context in meaning determination and how one meaning is different from another according to context and situation. The research is divided into two parts:
The first is concerned with the dictionary usage of this root by defining its meanings as they appear in dictionaries in addition to the viewpoints of linguists about it. The second part deals with levels of Quranic oration and the use of the root in the holy Quran and how it differs in meaning according to situation and the effect of context in the determination of meaning. This part is divided into various titles in accordance with the meaning to which the utterance of a word is related whether the word is a verb or a noun. The research ends with a conclusion in which some results are summarized.

الاختلاف فی القراءات القرآنیة وأثره فی المعنى عند السمین الحلبی فی "الدّر المصون" دراسة فی سورة البقرة

مجلة جامعة الأنبار للعلوم الإسلامیة, 2010, السنة 2, العدد 8, الصفحة 380-409

All the Qura'anic recitations are in the same class of elevation. They are found depending on oral and aural foundation to perform their purpose that they are made to. They are of two types: There is what is called the successive recitation that all Umah (Muslim people) approved in their documents; they are seven or ten recitations. The other type is called the irregular (Al'shath) which is about twenty or more recitations, and all of them are fixed as they are taken from the prophet Muhammad (peace be upon him). Besides, all of them are independent in their ideological perfection as their Qura'anic meanings can not be revealed in Qura'anic Verses without gathering the assured types of recitations of the prophet (peace be upon him).
Hence, the different cited Qura'anic recitations narrated by AL-Sameen AL-Halabi in AL-Dor AL-Masoon have different meanings and significant images that include a proof of Arabic grammatical aspects in the same context, so that every recitation performs a meaning that the other does not. The two recitations or more will stand for the multiple Ayahs (Verses) and the different recitations will perform ideological and eloquent perfection of the intended meanings.