ردمد المطبوع (Print ISSN): 2071-6028

ردمد الإلكترونيّ (Online ISSN): 2706-8722

السنة 3, العدد 11

السنة 3، العدد 11، الصیف 2011، الصفحة 1-399


The Benefit of Alkhandaq Raid in creating rules of jurisprudence

Jamal Ebraheem Hamadi Alzawbaay

مجلة جامعة الأنبار للعلوم الإسلامیة, 2011, السنة 3, العدد 11, الصفحة 1-40

Battle of the trench occurred in the fifth year of migration have included this battle to the provisions of the most important doctrinal.
Legitimacy of the lmam and substitution made in his absence, for the fighting and others.,and also to the legality of the Shura, but that doing so the commander and the so we find that this battle of theppresident is obligatory on the prophet consulted twice the time in digging the trench and the second to givepprophet a third of the city to pass gtefan . and the legitimacy of fencing and demonstrate the power of muslims in the battlefield and the strengthening of the morale.
ln this battle between the legality of sbying on us infidels to find out news and reservists for their blots could have been the commander to devel0p appropriate plans to the enemy and nail it and reduce the losses of soldiers.
And the legitimacy of dececption in war and camouflage them and sow terror among their ranks whenever possible.
And where the legality of delaying the prayer for the jihad for the sake of god for their time and for the fear of the enemy.
And legitimacy of the arrangement between the missed prayers as if they were temporary and take into account any order as arranged by the Lord of Glory.
Myspace and legitimacy and stature of the prayers of the past.
And the permissibility of non-NATO Adjurnment the religious command to confirm this.
And explain the ruling body of the sale of the infidel where it is permissible or not.
And the legitimacy of the veto fight the covnant.

Some Cases of Jurisprudence in Three Quranic Text

Khairy Shaker Mahmud Alfahdawy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2011, السنة 3, العدد 11, الصفحة 41-66

By the name of Allah most gracious most merciful and peace and blessing upon his prophet Mohammed.
I do not claim perfection for this work because the perfection is a characteristic which belong to Allah only and his Holy Book (Quran) Which "No falsehood can approach it from before or behind it".
So wherever a mistake would be found is form myself, and I pray Allah to forgive me, otherwise the whole right is from Allah and every action is upon his will.
At the end of the research I have found very important results and it is summarized below:
1. The difference in the opinion among many jurisprudents is due to the difference in the interpretation of the texts or misunderstanding the evidence which result from forgetting the evidence or miss reaching the evidence.
2. The prohibition of having and intercourse with the wife supported by unequivocal evidences.
3. "Daughter" is called upon any woman had been born to a man, whether she has born due to a marriage or from adultery, so the marriage from the women, who has been born as a result of adultery, is forbidden on any case.
4. The Mutaa marriage is forbidden in any case, and it considers as a time limited bond which goes against the real bond of marriage which based on continuity.
Finally I pray to Allah to accept this humble work and make it beneficial to the people.

A Thesis on the Rule of the Adolescent's Marriage by Abdul Rahman Bin Abdulah Alnajdy(1274a.h.)

Firas Majeed Abdullah; Mujahid Mahmud Esmaeel Alheety

مجلة جامعة الأنبار للعلوم الإسلامیة, 2011, السنة 3, العدد 11, الصفحة 67-120

This is a letter in the regulations of the young boy in marriage by Imam Abdulrahman Bin Abdulah Al-Najdi which is a juristic manuscript according to Al-Hanbali creed in which he clarified the regulations that concern the young boy.
Among them are:-
-His competence in the marriage contract (bond) and practicing this bond by himself and his competence for divorce.
-The period of waiting of the divorced (iddat) from the young boy.
-The permitted marriage by the young boy.
-The regulations that concern the divorce in return for monetary compensations to be paid by the wife to the husband.
The following is concluded from his presentation of these sayings and regulations:
(validity of his marriage by the one who is responsible for him which is pointed out directly at the time of his divorce. She is freed from the iddat, there is no permission in the bond. The boy should not have an intension for the permission during the bond. She should have iddat if the boy is more than ten years old. If he has got married for the permission (Al-Tahleel), then the end of iddat is according to its condition. He should have sexual intercourse with her from her front part and he should make a new bond with her.

Delaying of Declaration and its effect on the fundamental though

Suhaib Abas Uda Alkubaisy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2011, السنة 3, العدد 11, الصفحة 121-186

The research entitled "Deferring Interpretation and its Effect on the Fundamentalist Thought" consists of four chapters. The researcher tries to present the definition of interpretation and the meaning of its deferring for the fundamentalists. He shows that grades of interpretation vary whether being literal or implicit. The researcher introduces the fundamentalist's approach in the arrangement of these grades and their representation. Also, he lists the ways of interpretation with illustrative examples. This is followed by an exposition of discourse that requires interpretation. That discourse is of two kinds; one is the literal meaning which is used different to what is intended and the second has no literal meaning.
Then, the researcher mentions the viewpoints of the fundamentalists concerning the permissibility to defer interpretation via four sects mentioning the evidences and discussing them. He explains the most predominant of them which the public opinion has advocated and which assumes deferring discourse until the implement of the action, if there is no great need or interest which necessitates deferring. This is followed by fundamental issues and problems arranged by the fundamentalists under the rule which states that it is illegal to defer interpretation until necessity. These problems relate to the opposition between the public and the private for there is a disagreement amongst the fundamentalists concerning the true nature of particularization whether it is purely interpretation or interpretation and opposition. Accordingly, they differed in evidencing the opposition and foregrounding the private at the expense of the public, or whether the deferred should be given precedence or comparison and time have a role in making the deferred invalid for particularization. This issue is followed by keeping silent when an interpretation is needed represented by a question about an issue of various judgments. The answer for that issue covered some of its aspects only, notwithstanding that those kept silent of need interpretation. Does his (Prophet Mohammed) keeping silent or refusing to answer with his profound knowledge represent an evidence of nullifying its obligation or not?
This is followed by the issue of restriction and generalization and whether the generalized should be treated as the restricted. This again an issue based on deferring interpretation, for those who advocated that they should, believe that the speech of the wise if exceeds a previous text, that increase is an explanation to the first discourse. Some have necessitated that if the general is to be treated as the restricted, interpretation should not be deferred when needed. This is so close to an issue which Al-Hanafia call "an addition to the text". Is this addition an interpretation or invalidation?
These are the issues the researcher has tried elucidate with illustrative samples. He has concluded that this subject is so important that occupies a wide scope in philology, and it has many applications that should attract much attention.

Fundamental Criterion to Understand Quranic Text

Umar Noory Nasar Alhashmy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2011, السنة 3, العدد 11, الصفحة 187-218

This study is entitled "The fundamental principle for understanding the Quranic text" . the definitions of the principle and the fundamental and the importance of the principle in understanding the text and the opinions of the scholars in this regard beside the necessity to understand the intentions of the Islamic law . I have mentioned some practical issues to understand the Quranic text within the fundamental principles because the interpretation science and the science of the fundamental jurisprudence are common sciences can't be separate

The State Rule in treating monopolization in islamic legislation and its effect in economic development

Kaml Saqar Alqaisy

مجلة جامعة الأنبار للعلوم الإسلامیة, 2011, السنة 3, العدد 11, الصفحة 219-282

Thanks to God and glory and peace be upon the prophet Mohammad and his relative and his colleagues. In Islamic legislation, the government has an important role in preserving people’s wealth and money, and the stability of their social and financial life. Monopolization and usury continued to be bad methods to plunder the people’s money and absorb their bloods. Islamic considered such bad deeds as a means to spoil construction and development and also a means to destroy the pillars of government. The monopolization of goods that people need is considered a great harm and big damage which is prohibited in Islam because it is a means of extorting people’s wealth. In this respect God says “O, believers, never get your money among each other by means of injustice except if they are in the form of commerce based on your satisfaction, and do not kill yourselves remembering that God is merciful with you” it is clear and abundant injustice. God’s advice in this respect is reflected in the prophet’s saying “O, my creatures I have prevented injustice on myself, so do not be unjust to each other ”. This case is among matters that spoil contracts and is considered a hindrance in the way of production process. Therefore Islam rejected that and didn’t allow it as a means of acceptable investment. The role of Islamic state plays an influential role to restore balance to the market and the organization of activity. This situation should oblige the government to put forward some regulations regarding this issue. Islamic jurisprudence is rich with what treats this matter adequately and maintain its pillars without mischief or astray. This research paper is divided into three parts and a conclusion.
The first part is entitled : Monopolization- concept, rules and types. It deals with monopolization which means hiding the additional goods which are demanded by people at any time waiting for them to be sold with higher prices whether they are consuming or productive goods, and even if they are in the form of gold or silver. Schools of jurisprudence all agreed on the forbiddance of monopolization. Prophet Mohammad (PBUH) said : “Any one who monopolizes is a mistaker”. This means that he is a wrongdoer and rebellious and this is forbidden in Islam.
The second part deals with the role of Islamic government in the treatment of monopolization. In this part I stated the methods adopted in Islam to prevent monopolization. They include : imposement of obligatory pricing. If the merchant insisted on monopolization he will be obliged by the Islamic ruler to sell the goods in the market.
The third part deals with the monopolization practices and their effects on economic development.
The conclusion is related to mentioning the most important results which included: monopolization is considered an economic and social crime. Moreover, the unreal and face speculations and the methods of hoax and so on, which are against the Islamic principles. This situation proved that what is presented by the Islamic shariah is the real guarantee for preventing disasters and crises. This has become clear in the world crises today as the Islamic banks and financial institutions are not affected by the crises like other institutions because the Islamic banks adopted the Islamic principles and the role of Islamic government is to maintain the balance of all concerned parties. Finally there should be an adequate social culture in a correct environment in which monopolization is prevented.

The Prophet use of median values in his advocacy to islam- a historical study

Saja Faris Abdul Hameed; Waal Muhamad Saeed Rajab

مجلة جامعة الأنبار للعلوم الإسلامیة, 2011, السنة 3, العدد 11, الصفحة 283-315

Moderation concerned as the most remarkable characteristics which accompanied Islamic mission from its beginning and this characteristic represented clearly in the first personality in this religion who is prophet Mohammed (p.b.h) and his manner for calling to Islam which stated in Almighty state ( And we made you moderate nation ) , So moderation is the remarkable criteria in this mission and religion , this study was an easy attempt to present the moderation of the prophet in taking this mission with calling for it and his treating with religion followers , then we got clear & clean conclusion to silence all the enemies of this religion and proof the false of their claims to it which its about extremist blames in religion and proof that moderation is the manner which the prophet use to set the basics of this religion and its state .
Moderation in language is the moderate between good and bad , the moderate between them is the middle in his ancestors and higher in his rank the Almighty state (And we made you moderate nation ) contained the same previous meanings ,(( Al Zajaaj had two states in it , some state moderate is fairness and others state it’s the best , the two different terms with one meaning because fairness is good and good is fairness , it had been said in the characteristic of the prophet that he was from the moderate of his tribe that is to say the best of them , Al Fadil describe the ancestry that he was from the moderate of his tribe and this truth known for linguistics because Arab use representation a lot , like represent the tribe with valley and bottom and the best of the valley its bottom , and it said this from the middle of his tribe which all means from the best place , so the prophet from the best place for Arab ancestors , therefore his nation been moderate nation which means the best ) and I took in this research with in the study a lot of points like , moderation features in the prophet’s personality , the prophet moderation in taking Islamic mission , Islamic mission stages to express moderation in expanding Islam and other points .

The Word Ameen and its origin, languages and meaning

Noory Yaseen Alheety

مجلة جامعة الأنبار للعلوم الإسلامیة, 2011, السنة 3, العدد 11, الصفحة 316-362

The word (Amen), is used to be repeated, publicly after a beseech, and privately in a prayer. Many prophet's sayings and historical traces refer to its legitimate, and seal beseech with it. The researcher worked hard to declare its truth: Is it a name of a verb as said by the majority of scholars, explainers, grammarians and linguists, or a name of the Allah's names - the Almighty - as said by some of them? And implied five languages focusing upon the most famous, the most widely used by the Arabs and most widely exist in the Hadith and the words of the Arabs, and provides twenty of its meanings which are chosen from more than thirty mentioned by the scholars.

The International Islamic University of malizia experience on using the arabic debate to improve the foreigner's students language

Salah Awadh Allah Sadeeq; Ebraheem Ahmed Alfarisy; Majdy Haj Ebraheem

مجلة جامعة الأنبار للعلوم الإسلامیة, 2011, السنة 3, العدد 11, الصفحة 363-399

On the light of the success of the activities that concern the discussions in Arabic on local level between the Malaysia's Universities and on the global level between the universities of the states of South East Asia, The Global Islamic University in Malaysia has decided to consider the discussion as a material included in the first university stages as an open door activity. It has become clear to people after the excellent results achieved by these activities that the students who participate in them are those who are the more efficient in Arabic language.