Fiqh Wa Tashree

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Browsing Fiqh Wa Tashree by Author "Abel-Hameed Ali Hamad Mahmoud"

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    Al Maslaha Al Mursala and its Contemporary Applications in Ruling and Political Systems
    (2009) Abel-Hameed Ali Hamad Mahmoud; Dr. Hasan Khader
    This is a research entitled: Al Maslaha Al Mursala and its Contemporary Applications in Ruling and Policy, and it is a completion of the requirements for a Master degree at the Faculty of Higher Studies at An Najah National University which comes in five chapters and a conclusion. I have prefaced this research through a prefatory chapter in which I explained the evidences of legal provisions. Then I talked about Interest in general as a legal evidence of the provisions evidences according to its meaning, legal consideration, specifications, parts and types. In the first chapter I have discussed the issue of Al Maslaha Al Mursala, according to its definition, domain, evidences and restrictions. In the second chapter I started to talk about the application of Al Maslaha Al Mursala in the field of Rule (Government) in terms of the country presidency and the opinion of Islam in the inauguration of the president Al Imam and the qualifications that must be available in him, also the period of his reign in addition to the methods through which the president is selected. In the third chapter I have talked about the application of Al Maslaha Al Mursala between Al Shura, Democracy and the contemporary political systems in terms of: defining policy, Al Shura and democracy both in terms of language and terminology. Then, I proceeded to talk about Al Maslaha Al Mursala and Al Shura after which I discussed the majority system and the form of contemporary Shura in comparison with the contemporary democracy. While the fourth chapter talks about election systems as a means of modern democracy and its relationship with Al Maslaha Al Mursala. Then I concluded my research with a conclusion in which I illustrated the most important results of this research along with recommendations. I have also attached a list that included the most important sources on which I relied to accomplish this research.