Fiqh Wa Tashree
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- Itemأحكام العدة في الفقه الإسلامي وما علية العمل في المحاكم الشرعية الأردنية(1992) Helmi Saleh S.Aqel; Dr. Mohammad Ali Al-SuleibyEnglish Abstract Not Available
- Itemالكفارات في الفقه الإسلامي(1995) Mohammad S'adeh; Dr. Abdulmune’m Jaber Abu QahouqEnglish Abstract Not Available
- Itemأثر الرجوع عن التصرفات في الفقه الإسلامي(1999) Abd Al-Haleem Hafez Hjazi; Dr. Amir A. RasrasIn this thesis I managed to point out the issues related to retreating from savings and actions in the Islamic jurisprudence and its consequences. Therefore it is considered as a jurisprudence comparison study, depending on old Islamic jurisprudence doctrine references. The main issues: First : Retreating judgment. Second: When retreat is allowed & when It's not. Third : Retreating methods. Forth : The responsibility lays for retreating. Fifth : When behaviors considered as a retreat & when it's not.
- ItemHolding and Its Impact on Contracts(2000) Mansour A. Mansour Sous; Dr. Jamal Ahmad Zeid Al-KilaniAll thanks are due to Allah for guiding me and granting me success to the best and righteousness. May Allah's peace and mercy be upon Prophet Mohammed sent as a messenger of good tidings to believers and Warner to infidels. To him the Holy Qur'an was revealed and the Holy Qur'an was his supporter. Also may Allah's peace upon the Prophet's companions who had never let him down during his da'wa to Islam. This study aimed at investigating the concept or holding, its tide and its impact on contracts It also highlighted Islamic rule in this matter particularly its own development. Financial transactions are the core of religious purposes to reform human life. Their rules and accurate bases and flexibility came to accommodate and dep’t to new conditions in accordance with standardized disciplined fundamentals These rules and bases have become a religions binding. Contract is one of the most important financial transactions. The contract represents their pulsating heat. The contract, aqd in Arabic, is a figh subject which had drawn the Muslim jurisprudents. A lot has been published about it books, theses and papers. after perusal of literature on contracts, I decided to investigate a subordinate part pertinent to contract holding Holding is of great importance in the stability or financial transactions. It is also considered the Fruit, purpose and end of contracts: Its absence, in some contracts, results in the void of contracts. Holding is closely related to contract. It is one of its conditions and one of its results. Holding has also been considered in donation contracts. One figh rule says that donation cannot be made except by holding. The general rule of holding is the convention or tradition unless there is a Qur’anic text referring to that I However, time and places have changed and conventions, accordingly, have also changed. Means of holding have changed. Most of fiqh scholars' sayings about holding may be attributed to conventions of their own times. However, this is not an argument against the traditions of (MU Own fillies. Several ways of holding have been developed. One of these is real estate registration. The ways of holding have differed according to the thing intended to he held. It could be in the bonds of holder or in the hands of the one paving it. In this context, holding can be in the Conn of handing over, vacating and destruction, etc. If the thing, due is in the hands elf one due to him, its presence in his hand is called holding, if it's more powerful than the previous holding or equal to it. Holding falls into two major palls. One is real holding. It means controlling a place and the person becomes a holder. The holding becomes legal because it has necessitated implementation of real holding rules as well as bearing its consequences. One case is the unification of the holder and the receivable. Fiqh scholars don't allow this save cases like the one between a father and the legal guardian who holds for his orphan. Another is the purchase. This means the holder is receiving for himself. It could also be receiving for others. Holding might be legal or permissible by religious scholars, or be one to whom holding is due. And holding might be illegal, according, to a ruling of a religions scholar; that is to say, it is not permissible and the person to whom is due is not entitled. There have to be conditions to make holding, valid and proper. One is qualification or eligibility, trusteeship and permission. I lolling has also to be soiled out. A provision in holding in contracts has an impact and this differs from one contract to another. This could be a condition to make the contract valid. One is cashing, capital and usury funds. It could be also a condition For the transfer of' possession and its stability such as grants, endowment, loans, It might he also a condition making, the contract necessary: grants, endowment, pledges, ... If the contract is completed with all its terms and elements and holding is finalized, this will have an impact legally such as the transfer of pledge, compensation and distribution. Holding in contemporary financial transactions can also be seen in international trading. The bill of lading is a document that functions like goods delivery especially its impact on pledges, distribution and compensation. That is, if the contract is completed directly between the exporter and importer. However, if the transaction is completed through the bank by opening credit, the banking institution becomes the agent or a partner with the client. In this case, the bank's holding is a holding for the client. If the bank gets involved as a key partner, then its holding is a holding for itself not for the client. In this case, there is a need for another contract between the bank and the client. Religious scholars conditioned bank drafts to be valid, to be held in the session of contract completion. Conducting accounting booking and the client inside the bank are like real holding. Receiving checks is also considered a holding for its content. this is made by handing over on transfer by endorsement. Holding shares is also completed by handing over or transfer by endorsement or registration in company records.
- Itemأحكام ميراث المرأة في الفقه الإسلامي(2000) Woroud Adel Ibraheem Awartani; Dr. Mohammad Ali Al-SuleibyEnglish Abstract Not Available
- ItemJewelry Judgement in Islam(2000) Nihaya Ahmad Rabii; Dr. Saleh Al-SharifThank Good and God's peace and prayers upon the prophet. This is a brief summary of the most distinguished results achieved in this dissertation. In the first chapter which was entitled "Woman wearing jewelry judgment". The results were as follows: First: In is allowed that a women wears Jewelry made of gold, iron, silver, copper or pearl. Second: There is no specific amount of jewelry allowed to be worn unless it indicates excess then it is not permissible. Third: It is preferable for the women not to go out wearing jewelry. Fourth: If the jewelry was graven or worded in a form of animate object it would be better to avoid it. But if it was worded in a form of an animate object or graven with a blaphony slogan then it would be taboo to be worn. The second section is a bout man using jewelry: First: It is taboo for a man to wear golden or gold coated jewelry. Second: It is preferable for the man to wear a silver ring or to be graven with Godly slogans. Third: It is permissible for the man to wear iron, led or others jewelry unless it does not indicate women's resemblance or immitation. Forth: It is Permissible for the man to use gold or silver in teeth treatment and others. In the second chapter which is entitled in "Using Jewelry and its Zakat". The First section: • It is taboo to use or possess gold or silver or any coated material with them. • It is not permissible to decorate the Quran or mosques in gold or silver. In the second section: entitled "Jewelry Zakat, trade and entailment" results were as follows: • No Zakat for golden or silver jewelry if it is for decoration, but if it is for saving, renting or trade then Zakah must be paid. • No Zakat for pearl and jewelry unless it is used in trade. • Jewelry must be entailed. Finally I Thank God who guided me to complete this dissertation
- Itemنظرية الإبراء والإسقاط في الفقه الإسلامي(2000) Saiel Ahmad Hasan Al-Haj Younes; Dr. Saleh Al-SharifEnglish Abstract Not Available
- ItemThe Dumb and The Deaf Rules in The Islamic Law(2000) Jamal Abedel-Jalel Saleh; Dr. Saleh Sharif KmailIslam looked upon Man as an honored being that lies at the top of the pyramid of creatures. It laid the original rules so as to suffice the good life to him from the point that he is a man. It exploited the universe for his service, and made piety the standard for distinction among human beings. The differences in creation, organism, color or whatever else were not one day a criterion among human beings in the shade of Islam. That is in addition to what it determined from the principles of mercy among human beings, the cooperation and human fraternity which rises on the basis of respect. From here came the care of the injured in Islam under a comprehensive auspices from all sides of the life of the injured under the wing of the Islamic state and the Islamic society that was never surpassed in the shadow of any other civilization. The care of the injured in Islam springs from this religion which is branded for mercy, brotherhood and affiliation which were planted in the spirits of the Moslems as criteria that the Moslem does not deviate from whatever the circumstances might be. After I, by favor from God, His ability and assistance, had detailed most of the religious rules, related to the behaviors of the "deaf & dumb", it is necessary and useful to summarize the results which I had reached to, a brief summarization that suffices the required purpose, simply because it is possible to summarize and arrange these results and the facts in the following points:- 1- the means of the deaf & dumb to express their will is: writing and signaling. 2- the religious rules, such as: prayer, must be complied by the deaf & dumb, in accordance to their ability. Their personal behaviors, such as: intercourse & divorce, besides their financial behaviors, such as: selling & purchasing, and further other things. 3- I clarified the viewpoints of the clergymen in the subject of acknowledgement from the deaf & dumb with their rights of people and the rights of God. In addition to that, I did clarify the subject of testimony from them. 4- I explained the subject of capital crimes, and all that is related to the capital offence on the tongue of the dumb and the ear of the deaf 5- I illustrated the subject of their employment in governmental positions or their service in the departments of the state. At the end, I ask God- be almighty- that the Moslems might benefit from this humble effort, and make it a passing charity in the balance of our deeds in the day of judgment, a day when neither fund, nor prosperity will benefit, except those who came to Allah with a sound heart.
- ItemRules of Tossing Under The Islamic Law(2000) Yasser D.S. Mansour; Dr. Mohammad Ali Al-SuliabyAfter I have finished this invaluable thesis ( Tossing under the Islamic Law), I realized that this topic is a great help in solving many of the problems that people of different backgrounds face in their everyday life. Thus, a lot of work is needed to apply the rules of ( Tossing ) because of its value in stopping arguments and avoiding a lot of misunderstanding of many of the rules that is related to Islamic low . The main goals for Tossing rely completely on Satisfaction , Tustice , and getting the hearts filled with mercy and love for other people . These goals are the core of this great religion — Islam. Through my presentation of this subject I have concluded the following points : 1. There is no objection what so ever for the use of (tossing) rules in Islam. 2. The basis of tossing depends entirely on satisfaction , stopping any arguments and misunderstanding among people and finally the fulfillments of the hearts . 3. Tossing is part of the Islamic Regulations as in giving the priority for certain people in leading of the five prayers , leading funeral prayers and the washing of the dead people . 4. Tossing is used in marital matters as tossing between wives (who's going to be the first to sleep with) , and tossing between wives in travel , divorce and finally caring for young children. 5. Tossing is used in matters that are related to babies born with unknown fathers and mothers. 6. Tossing Is used in deciding whose of the religions men has the right to apply punishment. 7. Tossing Is used in competitions. These are the main points that I have concluded in this study. Finally , I pray to Great God and ask him to make this study a useful resort for Moslems , and to accept it from me as a never-ending charity which will enable me (with God permission) to achieve good deeds in the Doomsday- Amin.
- ItemThe Influence of the Open Expression and Its Metonymy in the Religious Judgment(2000) Ameen Ibraheem Mohammad Al-Omari; Dr. Saleh Al-SharifThis thesis is prepared as requirement for the Ma. Degree from the Religion College at An-Najah National University- Religion and Islamic philology Department. The thesis is entitled: "The influence of the Open Expression and its metonymy in the Religious Judgment". This thesis consists of four chapters, through which I try to explain the different types of expressions and words, and to clarify that they may be used through various methods according to their use and indications upon the meant meaning. Words and expressions, are divided into direct open words, and hidden words. Each of these has its components, like the truth, the hidden meaning, and every one of these is divided into open or metonymy. In this thesis I'm trying to show the effect of these words and expressions, the judgment upon those who use them, either in practice or in words and their effect on one's behavior, especially in different acts as contracting, crediting, preparing the Will or granting a present, a guarantee or warrant, marriage, divorce or appointment for the seat of a judge. All these are studied in the light of the Islamic philology and the effects of these words and expressions on every specified case.
- ItemAnimal Conditions in Islamic Jurisdiction(2000) Ammar Kamal Mohamad Manna'a; Dr. Jamal Ahmad Zeid Al-KilaniThe title of this thesis is "Animal Conditions in Islamic Jurisdiction". Presented by student "Ammar Kamal Moh. Manna'a", and supervised by his excellence Dr. Jamal Al- kilani, Assistant Professor at An- Najah Nat'l University The thesis is a complementary requirement for M.A. Degree in the Department of Fiqh and Jurisdiction — Higher studies Collage — An- Najah Nat'l University —Nablus — Palestine, 1420 H. —2000 A. C. This research contains; Preface and three chapters. In the preface I explained and defined animal and showed its position among other creatures, i.e., its position among plants and human beings. I explained its initial creation and the area it occupies in the Globe, in addition to its kind and body. An explanation of animal and God commands, where animal has not been qualified for that. However, its very existence is to help man to fulfill his duty as a vicegerent to God on the land. I concluded the preface section by mentioning different aspects of the attention paid for animals in the Holy Qura'an, and how this sacred book instructed men to take care of them. The first chapter discusses how man can make use of animals and the different ways of doing that i.e., the lawful and unlawful of animals meat. I mentioned the Islamic conditions of making use of animals stool "waste" by selling it or using it as natural fertilizer. I also mentioned the usage of animal’s skin and salena. Because some animals were used as means of war, Islam assigned a part of the spoils for these animals. Therefore, man benefits of animals share in "Jihad". Different ways of instructing animals, teaching them, racing, photographing and taking them as features of beauty have been discussed thoroughly in the thesis. Enmity against animals by beating or killing was discussed. I showed kinds of animals man was forbidden to kill and in what cases it is permissible to kill. I also showed the conditions of causing harm to animals by "Wasm" or "making signs on thebody of the animals" and by "Sabr" or "the catchment of animals to be killed by shooting on it" and by cursing. Using animals for lab tests invoked the discussion of the Islamic opinion on this issue. In the third and final chapter, the thesis discusses ways of taking care of animals through different means of behavior when riding animals or milking them or even slaughtering them. In addition, the thesis discusses Islamic rules of feeding animals, sheltering them and their expenses. I discussed the rules of making "Wasiya" or earmarking a sum of money or property for the expenses of animals and animal societies; and whether this is feasible and lawful in our religion or not. I didn't forget to tackle the issue of cloning in animals, which is an up-to-date scientific issue. Finally, the conclusion where I disclosed the outstanding results of this research. As a concluding remark, I can say that Islam has given much significance to animals as God- created beings, Allah, the Almighty, has given them souls, and endorsed different conditions which arrange and control the relationship between man and animal. Islam made it lawful to benefit from animals according to Allah's Jurisdiction. It forbids any kind of transgression against animals. To the contrary, Islam called upon its followers to pay attention, take care and supervise in a polite manner the lives of animals.
- ItemSharia (Legal) Arrangements for Limiting Divorce in Islamic Fiqh(Jurisdiction) and Law of Palestinian Personal Status(2001) Hatem Hamed Suleiman Al-Betawi; Dr.Ma'amoun Wajeeh Alrefae1. It is important and necessary for Shari'a students to make use or benefit from high-technological devices, such as computers and electronics, wherever they deal with any dilemma or incident for the sake of limitation or explanation (e.g. statistical surveys I have conducted). These dilemmas or incidents must be dealt with in accordance with Allah's commands away from emotions, exaggeration or downplaying of their importance or significance. All this comes in full harmony with Islamic Shari'a which is well known for its flexibility: passing a judgment according to status quo, and as approved by our ancestors: judging of things is part of its perception. 2. In today's societies, and the Palestinian society in particular, the causes of divorce are overlapping. In other words, these causes cannot be separated from each other in most cases. The causes of divorce fall upon the couple's shoulders or on one spouse alone. There are, however, other reasons, beyond the couple's controls. Which contribute to divorce. Some reasons are more prominent than others with varying degrees. 3. The Islamic Shari'a and the Personal Status Law Effective in the Palestinian Shari'a Courts in the West Bank are distinctive in terms of their preventive and treatment measures to check on divorce cases before, during and after their incidence. Both of them show concern about the new family by protecting it from possible "storms" from very birth of the couples, the choice of husband of his wife. This concern continues even after marriage and the creation of the new family. 4. Any sane and objective person, who follows up this problem, and understands the legal measures and the human suffering in all spheres of life, social, political and economic, realizes how this problem has always been one of Muslims' top priorities in their serious endear or to make Islam their way of life, and not only in their personal status. The issue of divorce has been the first important measure in the Islamic Shari'a. It is even considered a legal divine command and a human necessity. 5. Due to the overlapping and comprehensiveness of divorce causes, the responsibility for a solution is a common one. That is, it collective work. The responsibility requires the involvement of a cross-section of the society: decision makers, politicians, scholar’s preacher’s mass media people, teachers in schools and universities, and well-to-do people, each according to his ability. 6. Any temporary solution proposed has to be in full harmony with the aims of the Islamic Shari'a, as well as its principles, bases, and talking into consideration uniqueness of environments. 7. Further, we all have realistic when dealing with the couples. We should not hate the other have malice against the other for a passing "cloud" or conflict. Neither the husband nor the wife should expect perfection in each other. Rather, both have to look for the good things in them and understand each one's shortcomings. All human beings have good and bad qualities and we have to be patient and understanding. There is no harm in continuing marriage life even with the existence of hatred. Man does not know the invisible. He may change. Therefore, a spouse should not desert his partner in spite of his mistakes. A time may come when he finds his partner the only one next to him. 8. There have been a number of cases about this situation. The researcher has put forward a number of them to the reader. This field study has taught me a number of lessons and I hope it will teach the reader a lot about Allah's mercy on us, His wisdom and kindness in the Qur'anic laws He orders us to follow concerning divorce and its consequences. The time has long been overdue to give a shining image of our religion as it is. 9. A truly educated person is one who crosses the stage of accumulating information to possession of information stage, and then realizes the interrelation of information, methods of its generation, application, implementation of finding and spreading this information among, people nationwide.
- ItemWife's Recourse From Revocable Divorce(2001) Zeid Rayan; Dr. Nasser El-Deen El-Sha'irThis study was an investigation of recourse of wife by her husband, i.e. sustainability of existing marriage ownership without divorce waiting period which enables recourse. It is the husband's right which doesn't depend on the woman's pleasure nor it is forfeited. Recourse is done verbally and with frank action by the speaker, while the dumb does it with a signal. This is according to majority of fiqh scholars. The pillars of recourse are the form, the husband and the wife. This is according to fiqh scholars. However, the Hanafis only consider the husband's offer as the required pillar. Of its conditions are true marriage, independence from a condition or in return for an amount of money. It is also preferable to have witnesses for the recourse and to inform the wife. The aim of the recourse must be for the sake of conciliation and non-evil. When the wife returns, she enjoys all marriage rights such as inheritance, lineage, and maintenance. It is also condition that the recourse be fixed and be solvable. The recourse is different from marriage for the former is a sustainable ownership while marriage is starting an ownership. However, recourse is in full harmony with the other legal capacity prescriptions. It is different from divorce in all legal capacity prescriptions. However, it agrees with divorce in that both have a certain waiting period. Recourse is one of the fiqh chapters like marriage, divorce, injurious assimilation of wife to mother (a-thither), abandonment for husband's swearing (Ila') oath of condemnation (Lean), breastfeeding, maintenance and judiciary system. The Jordanian Personal Status Law, effective in Palestine's shari'a courts, has dwelt on recourse and has allocated a number of articles for it.
- ItemRules Governing Temporary Transference of Propery to Craftsmen and Tradesmen in Islamic Fiqh(2001) Wa'el A.Al-Hashash; Dr. Amir A. RasrasThis study included a preface, an introduction and four chapters. The introduction explained the importance of transferring property temporarily to craftsmen and the reasons behind writing on this topic. In the introduction, the researcher showed the importance for Muslims to give more interest to the application of Shari'a rules pertinent to their business relations. In the preface, the researcher introduced definition of bail(temporary transference of property to another for a specific purpose), reasons for it and its legality in the holy Qur'an, the prophetic teachings and consensus of authorities. The first chapter dwelt on scholars' opinions on bailing craftsmen. In this context, the religious scholars differentiated between a private workman and coworkers. They agreed that the private workman couldn't be bailed. However, they disagreed on the idea of bailing the coworker (craftsman) . In spite of that , the researcher supports the opinion of bailing craftsman. In the second chapter, the researcher illustrated the cases or situation in which a craftsman is bailed and the once the craftsman is allowed confiscate the property until he collects his wage. The third chapter tackled the insuring of means of transportation and the bailing to porters’ crafty persons and seamen .The last chapter was devoted to craftsmen and traders' perpetration of crimes against human beings. Further, the chapter detailed transference of property to physician prayer leaders, teachers and civil persons (urban). The researcher concluded that the physician couldn't insure against harm damage resulting from treatment unless they are professionals in their work and they don't perpetrate or neglect or exceed their powers and the patient allows to treat him/her. If any of these conditions is absent, then the physicians may insure. Pertaining prayer leaders and urban, they can have no bails in the normal conduct of behavior. If they exceed the normal amount, they may be given appeal. The teacher has no guarantee as a result of speaking the learner in condition the learner's custodian allows him to do so. However, he should exceed the normal amount. But the teacher has to make every effort not to punish his learners. The researcher concluded his study with a number of recommendations, which may guide those concerned on their work.
- ItemParentage Principles in Islamic Fiqh(2001) Foad Murshid Daood Bdear; Dr. Mamoon Wajeeh Al-RifaieThe issue of parentage is a very critical and serious one. Islam attaches much importance to this topic for its significant effects on the rational and psychological of the society interaction. New and modern innovative technological developments in the field of medicine have brought about new perspectives to deal with the parentage sophistications. Islam attaches much significance to legal marriage that is based on Islamic teachings and instructions. This will keep the society away from complications. This paper addresses these Islamic teachings and principles. Besides, the paper relates to ambiguous cases and how parentage is affected. Artificial fertilization is one example of modern medical developments. This study relates to this issue and its effects on parentage. The paper also addresses the issue when parentage is denied: arguments that Islam accepts to set a parent free of obligations and commitments when there is adequate evidence. Accepting parentage and being a parents means being responsible and having to meet commitments toward the children. The mutual system of rights and duties between parents and their children applies only when parentage is there.
- ItemMethods of Purification(2001) Jamal Saleh Ahmad Aqel; Dr. Saleh Sharef KameelThis research paper includes an introduction, three chapters, and an end. The Introduction: - In the first research, I mentioned the meaning of purity linguistically & idiomatically. After that, I explained the general and the specific meaning of purity. Then I talked about the importance of purity. In the second research, I mentioned the most important impurities in the eye of Islamic statute that are agreed or not agreed upon. Then I preferred some of them. I mentioned also the meaning of defiling and what the scientists meant by it. In the third research, I talked about the consequences of removing impurity, the judgment of removing impurity and the consideration of intention. The first chapter: In this chapter, I talked about the means of purification by water. I explained the kind of water used in purification; it is the absolute (usual) water. This chapter contains five researches: 1. The first research: I talked about the purification of man as a comprehensive & complete unit through the purification of man from physical & moral impurities. It has two demands. • The first demand: - Means of man's purification by water from impurities that touch or fall on him. • The second demand: - Means of purification of impurities that come out of man such as urine, blood, semen, and others through the ablution or capsulation, death, menstruation and blood from women; or the alternative of water; that is using dust or wiping off. And then the purification of what not emerges from the exits of feces. 2. The second research: 1 talked about the way of purification of the polished bodies by wiping off or water. 3. The third research: Purification of solid bodies absorbing water and if they were accepting press. I showed the judgment of bodies that don't accept squeezing. 4. The fourth research: I talked about the way of liquid purification such as water & others. They I mentioned the means of hard food purification by water and other suitable means of purification. 5. The fifth research: I talked about the purification of the ground. I also mentioned the related judgments such as the dirty clay in streets (mud), the long garment when touches the ground's impurity, when it is pardoned from the ground's uncleanness, and finally the judgments of what falls on passers by The second chapter: - The purification by tanning. It consists of two researches. 1. The first research : it contains three demands: • The meaning of tanning linguistically & idiomatically. • The importance of tanning in people's life; then the development of tanning industry through time, materials used, kinds of tanning, and the conditions of it. 2. The second research: it has five demands which are: • The judgment of eaten - slaughtered animal leathers' tanning. • The judgment of tanning leather of the slaughtered & uneaten animal such as the donkey or the mule. • The judgment of tanning the dead-animal leathers. • The judgment of tanning the leather of the dog & the pig. • The consequences of the purification of animal's leather by tanning in regard to eating, sailing, using, and different benefits. The third chapter: - Means of purification by the chemical interaction. It contains six researches, and the last research- the seventh- is around the judgment of cleanness instruments. 1. The .first research: I explained the meaning of this chemical interaction linguistically & idiomatically as seen by Moslem scientists, the judgments of wine sousing, some pictures of this chemical interaction such as tanning by un cleaning or tattooing. 2. The second research: I talked about the way of purification by burning and dehydrating and I explained the judgments related to them. 3. The third research: I talked about means of purification that are evaporation & distillation, then I showed the judgments related to this as materials exposed to changes in their characteristics. 4. The fourth research: It is about the way of purification by prevention & alteration of animals which eat impurities mentioning the judgment of their production such as milk, eggs, and meat. And then I talked about the amount of the dirty food eaten by that animal, then the ways of purification which are prevention & alteration. 5. The fifth research: I mentioned the judgment of watering trees & plants by impurities between permissibility, sin, detestation, and I preferred permissibility. 6. The sixth research: I talked about the judgment making medicines from impurities. It has three demands: • The judgment of making medicines from dirty materials like blood, urine and others. • The judgment of making medicines from wine. I explained that this is a sin in all Islamic beliefs. • The evidences that using drugs as a medicine is a sin. • The judgment of transferring blood as a dirty material and using it in the present time as a medicine because of wars & natural catastrophes. 7. The seventh research: It ends the thesis; it talks about the judgment of cleanness instruments; I explained the kinds of plates; the judgment of unbelievers' plates; the purification of plates if touched by an impurity like wine, the dog's or the pig's saliva; then the purification of plates where water is put for the purpose of cleanness & covering the plate. The End: It highlights the results of the research.
- Itemكتاب إرشاد الفارض إلى كشف الغوامض، كتاب الوصايا - القسم الأول(2001) Zeiad Badawi Omar Al-Abwah; Dr. Mohammad Ali Al-SuleibyEnglish Abstract Not Available
- ItemTahqiq Makhtuta"(Manuscript Edition)" Irshad Al-Farid Ela Kashf Al -Gawamed Min Elm Al-Faraid by Mohammad Bin Sibt Mardini(2001) Basel Yousef Mohammad Al-Shaaer; Dr. Jamal Ahmad Zeid El-KeelaniGod has created this universe. He causes life & death. Each creature has a final destiny, which is death. In other words each creature is mortal & God is the only immortal one. He also inherits everything on earth & the best heir. When a Moslem dies, Islam takes the responsibility to organize things after death. This includes his legacy, the will (Wasiyya), the debts & the funeral costs. Thus we have in Al Fiqh, the science of Inheritance which is one of the most honorable sciences. Since this science is very important, Islam takes the responsibility of dividing the legacy & property among heir. This property is divided justly according to Islam. This is why I have chosen this topic for my research paper. It has something to do with my job as a vice president of Al Mufti in Qalqilia. I would like to thank Dr. Jamal Kilani who offered a great help to attract my attention to valuable resources, such as the Manuscript. These need to be edited in a form of books to be available for all people. Through encouragement by Dr. Jamal Kilani & colleagues at Dar Al-Fatwa Lil Quds & Al Diar Al Moqaddasah, I went ahead with my research to edit the Manuscript of Al Faraid. In this way I tried to achieve both goals, my interest in Al Faraid & Legacy on one hand & " Tahqiq Makhtuta " (Manuscript Edition). " Irshad Al Farid Ela Kashf Al Ghawamed Min Elm Al Faraid “by Mohammad bin sibt Mardini. The Method:- In my research I followed the following procedure: Part one: Biography of Author & Manuscript. Chapter 1: Author Biography. A- Name, surname, history of life & death. B- Educational biography: 1- His scholarship, characteristics, teachers, students & scientists in his time. 2- His books. C-Surroundings: 1- Political life. 2- Social. 3- Scientific. 4- Economical. Chapter 2: Manuscript Definition & Authors method. A- Manuscript Definition: 1- Naming, Time of writing. 2- Authors Manuscript credit. 3- Manuscript copies. 4- Manuscript Description. B- Authors Method: 1- His method in discussing issues. 2- His resources. Part Two: The study & Edition of the Manuscript: 1- Manuscript text — introduction. 2- Inheritance — definition, principles, causes, conditions & preventives. 3- The agreed upon heirs. 4- Shares & who deserve them. 5- Who inherits by shares & by universal heirs, (Asaba)? 6- Parts of universal heirs (Asaba). My work on editing the Manuscript Text: 1- I referred to the Manuscript No. 409/2 as 'Ti' & the Manuscript No. 98/2 as 'T2'; I adopted 'Ti'. 2- Reference to Koran verses. 3- Reference to Ahadeeths mentioned in the Manuscript. 4- Biography of names mentioned in the Manuscript. 5- Translation & definition of Alfiqh idioms in the text. 6- Comments on Al Fiqh subjects. 7- Explanation by applicable examples. I finished my research with a conclusion, which includes: references, general index, Koranic verses index, Al Ahadeeths index & biographical names.
- Itemسن الضرائب في الشريعة الإسلامية(2001) Khalil Mohammad Khalil Mustafa; Dr. Marwan Al-QadoumiOne of the most important problems that the people face nowadays especially the Islamic nation is the problem of poor economic planning in spite of the great availability of energy, potentials and qualifications. This problem has become so severe that some weak-spirited people attribute this matter to defects in the Islamic financial system or its inability to keep up with the modern age which has witnessed rapid developments in every aspect of life. Therefore, some rules should be clarified because they have become necessities of the economic field. One of these important issues is the case of the rule of taxes that are imposed by the government on the individuals of whatever forms and names. It should be emphasized that this subject is one of the most urgent problems for the individual because it always occupies his mind and makes his life difficult especially as it is concerned with money which is so dear to the human being. The Holy Quran states that ( People love heritage so much and they love money so much, too). The case becomes worse if these taxes affect the living standard of the individual. Through this research, I have clarified two basic points: 1) Investigating the reality of these taxes of their various forms and names in the secular financial systems, and stating the stand point of the Islamic financial legislation regarding them. 2) Stating the comprehensiveness and justice of the Islamic financial system and its superiority to the secular financial systems. These systems with its rules, laws, and systems have not been able to come to the level of the Islamic legislation in dealing with the subject of justice and mercy. It should be stated that the Islamic legislation applied and practiced a just integrated taxation system that excelled and surpassed all the secular financial systems. Findings: 1) The Islamic legislation is superior to all the other types of legislation and surpassed all the contemporary secular financial systems. 2) It can not be stated absolutely that Zakat and taxes carry the same meaning nor can we say that paying taxes can replace paying Zakat. 3) The revered scholars both old and contemporary have decreed the possibility of imposing exceptional taxes. They based their verdict on the legal interest to fulfill one specific need or real general needs provided that this verdict should be governed by certain legal reservations which should be available collectively when imposing taxes. 4) The legal verdict of the current contemporary taxes can be known clearly. These taxes should be judged by the general reservations of the legal scholars. If they are matched, they will be lawful. If they are not, they will be unlawful.
- ItemIslamic Fiqh Prescriptions Concerning AIDS Patients(2001) Hanan Mohamad Fawzi; Dr. M'amoun Al-Rifa'iThis study, consisting of an introduction, six chapters and a conclusion, aimed at explaining Islamic fiqh prescriptions on Aids patients at a time when the subject of Aids is researched from both the medical and fiqh sides. However, the implications of Aids and legal prescriptions are still unknown to the Muslim society. Further, this study aimed at deriving prescriptions, legal ones, pertaining to Aids patients in terms of their personal status, transactions, crimes.. Since Islamic Shari'a is comprehensive, the problem of Aids and Aids patients was dealt with. When Aids was discovered in the early 1980s, it was found that it was transmitted and became rampant because of practicing anus intercourse, a deviation from normal sexual behavior. There has also been no treatment for Aids. The only thing to eradicate the disease is to go back to Islamic Shari'a, apply its prescriptions and shun common laws (man-made). Religiously, an Aids patient is forbidden from getting married owing to the possible consequences of such a marriage. That is, this marriage harms, oppresses and causes death of wife and children. Judicially, if the Aids patient knows he/she has the disease, he is considered a deliberate killer. In this case, he must be punished for this crime. If he/she doesn't know, then he/she will be subject to a punishment for a mistaken killing . Concerning abortion, according to Shari'a, it's taboo during all stages of the embryo, before and after blowing the soul, whether the embryo was affected by Aids or not . A mother need not breast feed her baby and is forbidden from doing so if she is an Aids patient. Moreover, each of the couple has the right to ask for revocation of marriage contract if the other has Aids. It (Aids) has priority over leprosy which also grants husband and wife to revoke marriage contract. The wife has the right to resist her husband's wish to have sex with her if he has Aids or he is an Aids carrier. According to Shari'a, Aids is not a deadly disease unless the symptoms of disease appear on the patient and paralyze him thus preventing him from practicing his daily life. A deliberate killer deserves death sentence regardless of the method of his /her killing as long as the aim is to kill him/her any way. Death sentence is not executed on one who transmits the disease intentionally before the one transmitted to dies. He is only given a discretionary punishment. If the latter dies, his guardians have the right to ask for "diyah" (blood money). Religiously, those who transfer the epidemic, through negligence, are sinful and they must receive a discretionary punishment That equals the type of failure. Aids patients should be allowed to continue working as long as they can. However, all precautions and measures must be taken. Finally, governments nowadays must take obligatory measures to face this disease and check on its widespread. The ministries of health must be charged with this task. There have to be also strict measures and tough penalties against those who fail to cooperate or neglect these measures. Tourists must undergo blood testing before entering the country to make sure the country is free from the disease.