Fiqh Wa Tashree

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Accompanying, its Argument and Effect in The Rules: A Comparative Comprehend Principles Study
(2003) Awni Ahmmad Mohammad Massarwh; Dr. Ali Al-Sartawi
Deduction by using istishab, as the last jurisprudence and methodical plan calls the diligent to seek thoroughly the alterative proof in order to deal well with the new incident. New incidents are shaped on the light of what encompassed the past incident and that its provision was taken under the circumstances and the impacts of the past. Therefore, the fact of istishab is the use of the precedent and proved provision and validating it over the new incident. Clearing this is the main target of this research. To achieve this target, I divided this work to introduction, preface and five chapters. In the introduction : I indicated the importance of the research, why I preferred this topic, the followed methodology and last I surveyed the previous researches and studies in it. In the preface : I pointed out shortly the issue of limited texts and limitless of incidents , a fact that assisted the ulama to indicate the perfection and the flexibility of the Islamic Sharia. The first chapter : I highlighted the essence of istishab, its linguistic and religions definition, its bassc elements and requirements, and its position among the religions evidence. The second chapter : I called sorts of istishab. Here I discussed the most important kinds of istishab that the ulama studied by the Quran and the Hadith (Traditions of the prophet). I also cleared their contradicting points. In the third chapter : I discussed the cogency of istishab and pointed out three schools, the advocators, the absolute antagonists and those who accept it for disproof without any proof. I also exposed and studied their important evidence and cleared the sources of the contradictions between the ulama around their cogency. The fourth chapter : I dedicated to the foundations of istishab. I reviewed the main foundations to be used in istishab such as certainty does not disappear by uncertainty, the origin is to leave it as it was, a quittance is the source and every profitable is permitted. I also presented what I believe the most acceptable foundations. In the last chapter: I spoke about the impact of istishab on the legislative provisions. Some of the istishab issues dealt by theologians, I studied briefly and argued their validity. I closed the research with the main results that I reached.
The Acknowledgement Pretext in Al-Sharia and Law
(2003) Morad Rayek Rsheed Odeh; Dr. Naser Al-Deen Al-Shair
Pretext has been considered as one of the confirmation ways in Islamic sharia and positive law. Its defined as a notification of con firming ones right for others. So, its legitimacy had been confirmed in the holy Koran and Sunnah . Moreover, the acknowledgement is considered as the strongest evidence of rights confirmation. So, it was called the master of evidences. The acknowledgement is considered as a whole plea in confirming things and it doesn't. Need supporting when revealing rights. When the confirmation is issued with its full legitimacy, the judge should it accordingly. On one hand, the acknowledgement ends the disagreements and makes prosecution affirmative. Oil the other hand, the acknowledgement is considered as a compulsory pretext on the confessor only. If the acknowledgement which dealing with human rights issued from its doers, it wouldn't be retreated. But if the acknowledgement dealing with Allah rights, revocation is acceptable. That's because Allah’s rights based on forgiveness.
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.
Al-Manat
(2003) Raed Abed-Allah Bader; Dr. Mohammad Ali Sartawi
Principles of Islam jurisprudence field is considered among the most important sciences in Islamic Sharia. This modest study addresses one significant aspect of this honorable field which is Discretion in the sharia cause. Islamic Sharia is a comprehensive complete one; and flexibility is one of its premirent features which enables scholars and Muslims to manipulate and adapt it to every time and location in accordance with prosperity and development factors. Discretion has thus been a crucial factor in developing the Islamic Sharia. The most important instrument in Discretion is Al-Qias (analogy); the Sharic case is the basic element in Al-Qius. This Study deals with Discretion in Sharic cause itself both in its application and its extraction. This study sheds a light on the Al-Manat (sharic cause) concept including Al-Manat derivation, Al-Manat revisions and Al-Manat inquiry. Al-Manat derivation is an important method in showing the development and change of a Sharic cause is related to a certain text. It focuses on texts where the Sharic cause is not stated because it has to do with life innovations and development. Al-Manat revision is an important way in expanding the Sharic text circle enabling it to cover a wide range of peoples conducts. Al-Manat inquiry in its two occurrences - particular and general - is a protection for the applicative Discretor; such protection helps the Discretor avoid the traditional and arbitrary application of Sharic rules. This enables the Descriptor to move from applying the general Manat on conducts and sayings to particular Manat, undergoing a process of inquiry and examination. The Discretor may turn to Sharic emergency plans, such as approval, prohibition of that may lead to committing sins and controversy considerateness. These plans are a consequence of inquiring the particular Manat and playing a role in protecting the Islamic Sharia from contradiction and elimination.
Almsgiving (Zakat) of Traded Monies in Islamic Jurisprudence "Contrastive Jurisprudence Study "
(2007) Khaleel Hani Adel Abdullah; Dr. marwan Qaddoumi
In this study, I have shown that the term ( traded monies) is applicable to any money that is retained for the purpose of exploiting its returns. Despite the numerous terms used in this respect, this term (traded monies) is the nearest to the correct meaning because it is the most comprehensive although it was not well-known among our former Jurisprudence scholars due to its rare use during those ages. For this reason, our Jurisprudence scholars did not discuss it in an independent part as they did in the case of commercial commodities upon searching into the jurisprudence reference of various jurisprudence schools we can find out that the obligation of paying almsgiving zakat is the adopted notion many of those who negated its obligation say that almsgiving is obligatory in its return but not in its capital this is what is understood from the saying of jurisprudence schools except few of them for this reason contemporary jurisprudence scholars are in disagreement about the method of almsgiving regarding the traded monies the majority of them say that traded monies must be alms taxed monies are considered as restricted to such types that not be taken as a model unless they are matched together the almsgiving of the tow currencies (gold and silver) require giving 2.5% of the total sum provided that the sum of money reached (84.620gm) of gold and the passage of a complete lunar ( hijri ) year after discounting costs, debts, and other basic affairs.
Animal Conditions in Islamic Jurisdiction
(2000) Ammar Kamal Mohamad Manna'a; Dr. Jamal Ahmad Zeid Al-Kilani
The 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.
Applications in the Proper Interpretation
(2009) Khadijah Hussein Abed Al Fatah Khalaf; Dr.Hasan Khader
In this research I talked about the interpretation from the point of how linguists & scholar saw its meaning according to their origin books. I also showed to what point interpretation related to the explanation, & the difference between them. In addition, I talked about the condition of interpretation, since it differs from the origin. & we don’t interpret unless its condition is fulfilled. Also I explained its types regarding validity & invalidity, closeness & remoteness. After that I talked ranges of interpretation in addition to demonstrating the division of “AL-Hanafeyyah” of clear and hidden vocabulary to limit the extent of the interpretation of the texts. Then I included applicant issues in adorations, dealings, and punishments. In these issues, I adopted searching in the texts and showing the variance and it cause in them. And through these issues, the interpretations' trance is shown which leads to the scholars' differences in the ways for explanations of Judgments in the verses.
Arbitrary Divorce and its Compensation between The Shari’ah and The Jordanian Law
(2011) Sajeda Afif "Mohammad Rashid" Ateeli; Dr.Nasser Al-deen Al-sha'er
This research aims to study the legitimacy of compensation for arbitrary divorce, which is established in the Jordanian law, and is applied in the Palestinian courts of the West Bank and many Arab countries, due to the controversy of the issue. The research is divided into an introduction, four chapters and a conclusion. The first chapter discusses the concept of divorce, its legitimacy and its reasons. The second chapter explains the concept of arbitrary divorce, its consequences and its most important forms. As for the third chapter it deals with the legitimacy of compensation for arbitrary divorce by identifying the foundations on which it is based, its effects, the cases in which it becomes due, and the cases in which it becomes nullified. As for the fourth and final chapter it focuses on the financial rights of the divorcee, such as the conciliatory gift of divorce and its relation with compensation for arbitrary divorce, alimony during the waiting period and whether it is considered part of the compensation, and the delayed portion of the dowry and how society looks at it as part of the compensation. The study ended with a conclusion that stated the most important results of the study along with some recommendations.
Arbitration Between the Spouses in Islamic Fiqh
(2014) Hiba Ahmad Mohammed Mansour; Dr. Marwan Al. Qadomi
In the name of Allah, the Beneficent, the Merciful, and peace be upon the most honorable prophet Mohammed and his family. This study tackled the concept of arbitration and the pieces of evidence of its legality in the Quran and Sunnah. In addition, it alluded to the reasons which led to disagreements between spouses and their solution(s). It also approached the advantages of arbitration and its motives highlighting some examples of arbitration in the era of the companions of prophet Mohammed (PBUH). Moreover, the study reviewed the conditions which bound the process of arbitration and the selection of the arbiters. Furthermore, it shed light on the stages of arbitration and its procedure as clarified by the scholars in the Islamic law about the person who is entrusted to send the arbiters. In addition, it dealt with the duties of the arbiters and clarified the difference in their description as representatives or arbiters. Finally, it cleared the reasons behind the failure of the means of arbitration.
Assaylt Upon Blood Relations
(2011) Obada Fawzi Khaled Ahmed; Dr. Abdullah Abu Wahdan
The study started in talking about the meaning of the Assaylt as a term, then turned to talk about the preventive measures set by the legislator ( Allah) to protect those relatives from falling in forbidden taboos. Then, the study moved to tackle the issue of self-harm and the implications of self-harm between a father and his son in Islam, as well as in the case of the attack between the father, and the son if any of them is a warior hence, explaining the legal judgment in case of sexual abuse between relatives, and whether the origins and branches have an impact on And the penalty incurred in case of sexual abuse,'s such as attacks in adultery and sodomy, as well as accusation to others of taboos? Finally, this study went through the subject of thefting relatives and the explanation of the impact of kinship for theft between origins and branches, and the judgment of theft among the rest of relatives. The researcher concluded the study by saying that offense between relatives has its own provisions that differ from those of offense against those who are not within the circle of family relationships. However, it should be noted that the degree of kinship must be considered because this determines the type of verdict for a given degree of offense.
The Authority of the Ruler in Dropping and Reducing Punishments
(2005) Nidal Mustafa Hasan Al-Asmar; Dr. Abd El-Men'em Jaber Abo-Qahooq
This study examines the authority of the ruler "Imam" to drop, reduce or stop the punishments. The "Imam" is the only one who has the responsibility to practice these punishments. I reached a conclusion that there are some punishments that the ruler cannot drop, such as the punishments of the crimes that finished their conditions, basic elements and reached the hand of the ruler. I found out that the punishments could be reduced by decreasing the penalty, or exchanged with another one. Furthermore this study dealt with the honor crimes, and the degree of their legitimacy in Islam. I reached the fact that the one who kills on this ground will take the punishment unless he/she brings evidence that killing happened based on the above ground. I tackled the concept of emergent conditions, types, and their effect on dropping the punishment. I reached that the Imam can take emergent conditions to drop punishment in limited range in crimes of penalties, punishments. I reached a conclusion that the ruler has a wide responsibility to use the emergent conditions in the crimes that the ruler has the only power on. In addition, I reached the fact that the ruler has the power to stop the application of the general punishment in the state because of the general forceful conditions, as the commander of faithful Omar Ibn Al-Khattab when he stopped the application of stealing punishment during the year of famine. This stopping is limited, and it works as long as these conditions available.
The Banking Credit Cards in the Islamic Fiqh
(2007) Fathi Shawkat Mustafa Arafat; Dr. Jamal Ahmad Zaid El-Kilani
Thanks God thanking that equals his blessings and grants equivalence to his increase and pushes away affliction and indignation from us and you, asking the most High God's praise to bless us in our religion and world and to increase us more knowledge and protection, and then: People's interest in dealing with credit cards is greater today than any other past time, and it is of the banking applications that spread and for its necessary need for learning to all what may relate to legal (shari) principles, especially after the Islamic banks had started issuing them. This research which carries the title of the banking credit cards in the Islamic Fiqh has been presented for attaining the master degree in the Figh and legislation at the Faculty of High studies of An-Najah National University. My research this has acceded in five chapters. In the first chapter I spoke about the history of banking credits, the economic nature for these cards industry the general qualities to the sort's of cards, the conditions related to each card. In the second chapter, I spoke about the technical and economical formation to the kinds of cards, the nature of the currency used, the allowed period for repay, the credit ceiling and then to the aim of issuing the cards and their revenues. In the third chapter, I spoke about the concept of credit and tastes acquainting to credit cards and their distinguish from others, the responsibilities thrown on the shoulders of the card parts, the results falling on dealing with them. I showed the card benefits and misbenefits for each part of its parts. Then I spoke about some controlling precisions of the card. In the fourth chapter, I spoke about the Fiqhi adapting among the card parts and illustrating the contemporary scientists sayings in this, and the trial of giving preponderance on this, and then classifying each part into its class referring to the preponderant saying. In the last chapter I spoke about the legal (Shari) sides relating to dealing with credit cards, and the manner of receipt in the cards foaming changing, purchasing gold and silver through them. Then I spoke about of judgment of giving prizes through them and in the opinion of insurance the effect of the corrupt condition of this deal. At last, I spoke about the legal (Shari) substitutes suggested to the cards. Then, the end, I showed the most important things I come to in this subject, I ask Almighty Allah to grant me the correct. He is respondent Hearer.
Birth Control in Islamic Jurisprudence
(2005) Safa Khaled Hamed Zabin; Dr. Hasan Sa'ad Khader
The human element comprises the most important bases of civilization and the ability to exploit the world resources. It has become obvious that colonial forces are attempting to repress the causes of development that we have by using various methods including the continuous attempts to reduce reproduction. Each general call to control birth contributes to achieve the most dangerous colonial conspiracy that aims at attracting the movement of the Arab and Islamic world backwards to remain under-developed. Therefore, birth control should not be taken as a general law that must be applied and put in effect whether in small or large countries. The principles and fundamentals of Islam prohibit and despise this call for birth control since it is an intruder to Islam. It is sufficient to remember what Allah says in the Holy Quran, "Allah has created from yourselves wives and granted you with children and grandchildren, and supplied you with delicacies; how should they believe in the untrue and disbelieve in the grace of Allah?". However, birth organization is not prohibited for certain reasons. For example in case of completing breast feeding, or if a Muslim physician advises to limit a period during which a woman cannot be pregnant for a legitimate reason such as the woman who cannot give birth without caesarean operation. This is based upon the evidence that permit isolation and the doings of the Prophet's apostles. Carriage should be prohibited when vital damage is certain to occur for the mother if there is a good reason to believe that her life is in danger by a medical report issued by a trustworthy Muslim physician. Finally, I hope that I have succeeded in this research, and I implore Allah to add it to my good deeds in the Day of Judgment.
Body Disposal in Islamic Fiqh
(2010) Ruqayya As'ad Saleh Arrar; Dr. Jamal Hashash
This thesis is titled The Principles of Corpse Disposal in Islamic Fiqh and aims to bring together all the fiqh principles that are related to corpse in the form of an independent research. The researcher has divided the research into an introduction, a preface, four chapters and a conclusion. In the preface, the researcher defined the concept of a dead body and death and explained when a body is considered as dead and when it can be referred to as a corpse. The researcher also explained the rights of the corpse in Islam and the permissions that must be obtained from the family of the dead person before any disposing of the corpse can happen. In the first chapter, the researcher discussed the principles that govern the dispose of a corpse with respect to funerals explaining the rights of the dead, the principles and norms that must be respected after death has occurred. The researcher also talked about the principles of bathing the corpse, whether it was a whole body a fragmented corpse or a decayed one. The researcher further explained the principles of enshrouding the corpse whether it was a man or a woman's body, also the opinion of Islamic fiqh towards wrapping the corpse with a shroud that goes against the principles of Islam. Other topics in this chapter included: Principles of burying corpses, delay of burial, the transportation of a corpse before and after burial from one country to another, and the opinion of Islam towards keeping the body whether in morgues or by mummification. In the second chapter the researcher highlighted the principles of corpse disposal in some of the Jihad principles and international relations. This chapter included the opinion of Islamic legislation regarding carrying the body of a martyr in a funeral accompanied by shouts and sounds. Also deforming the corpse whether it was for an infidel or for a libertine (spy), exchange of corpses for money whether they were for Muslims or infidels, keeping the bodies and exchanging them with the corpses of Muslims. In the third chapter, the researcher explained the principles of corpse disposal regarding some medical issues such as autopsy, the transfer and implantation of some of the corpse's organs to a live person through donation. The final chapter included a discussion of the principles related to the disposal of a corpse with respect to financial contracts. The researcher explained the opinion of Islam regarding selling the whole corpse or part of it, its opinion regarding the purchase of a whole corpse or part of it, the difference between purchase and selling and finally the opinion of Islam concerning the donation of the body as a whole or part of it. In the conclusion, the researcher presented the most important results that the study has achieved.
Car accidents in the Islamic Criminal jurisprudence Comparative Turispradence Study
(2010) Najih Mohamed Hassan Asseedah;
Car accidents is one of the big disaster of this age need to study jurisprudence codified and precise, because the merits of many large and fractions. This letter is to identify and clarify the car accidents in the Islamic Criminal jurisprudence, this study aims to show the reality of car accidents in the Islamic Criminal jurisprudence. The letter consists of an introduction and chapters. I pointed in the introduction to the problem of the study, objective of the study, the reasons for the search, and the difficulties I had, and the research methodology and its plan. In the first chapter I have clarified the purposes of the Islamic Criminal jurisprudence to save people's interests And car accidents caused by negligence or ignorance or deliberately rejected in the Islamic law and is punishable by appropriate penalties which legitimacy.. In the second chapter I have explained the concept of crime and legitimacy of the traffic and its elements and It showed that a legitimate criminal and punitive, and that these traffic offenses can only be achieved if there are three pillars, namely: the moral pillar financial pillar and the legitimate pillar . In the third chapter I have talked about the causes of car accidents which are due to many cases: the road position, the human, cars and the Infantry themselves. In the fourth chapter I have talked about the harmful effects of car accidents in the Islamic Criminal jurisprudence which could be material or moral and the reasonable will bear all the penalties issued against him and the attitude of the Insurance Act which in its origin forbidden but it’s acceptable because of its necessity and it replaced the compensation. In the fifth chapter I have talked about the penalties resulting from car accidents and its irregularities. And who cause the traffic accident will bear the results of his work as the responsibility of sin, legitimate penalties or any guarantee In the sixth Chapter I have spoken about the applications of doctrinal pictures of car accidents. for example Accident between two cars which are equal in terms of power, a sudden accident where the driver is not responsible, and other accidents.
Change of Money Value and its Effect on Debt Infracting
(2005) Saleh Reda Hasan Abu Farha; Dr. Jamal Ahmad Zaid AI-Kilani
Many thanks and all gratitude to our God, meeting his generous giving, and pushing his anger away from us, We ask our God to bless our life and our religion and to give us more knowledge and king life. Money plays a very important role in the life of human communities and individuals, and it also has a major role in the economic system. And the problems that affect the states' economics, which have a big influence on their stability and affairs, and consequently influence the status of the community individuals in their dealings. One of the most important economic problems today, the problem of the decrease in the money purchasing power, which is called inflation, where money becomes cheap and goods become expensive, so the state commitments are affected internally and externally, which lead to many problems. The issue of the change of money value was discussed by the old mullahs according to the existing status at that time, that change was simple, it wasn't forming a big danger on the economic system in that period because they were depending in the first place on the gold and silver metals which are usually stable. But today, the issue of the change of money value forms a very big danger on the economics because money is not stable but it changes constantly, this makes the problem of the change of the money value very difficult, because the value is not stable. In my research I talked in the first chapter about the definition, the importance, kinds, and functions of money. In the second chapter I talked about the change of money value and its events, the reasons of deterioration of money value in the current age, and the state role in money stability. In the third chapter I talked about the definition of debt, the change of money value and its effect on debt infraction, and the change (gold & silver) value. In the fourth chapter I talked about the change of money value and its effect on debt infraction, the mullahs sayings in this field, and showing the best view. In the conclusion I put the results of my research. I ask my great God to make me act right, he will ear and reply.
A classification Of Implication :Contrastive Study Between Al- Hanaffiah And Al-mutakallemeen Methods
(2012) Tasneem Abdul Rahim Ahmed Yasseen; Dr. Hasan Sa'ed Khader
Abstract Thank for god of world Prayers and peace on the best of messenger Mohammad peace be upon him and all this relative and his companions. This my dissertation en tattle (A classification Of Implication: Contrastive Study Between Al- Hanaffiah And Al-mutakallemeen Methods.) I have submitted this study as a complement for acquirement for master degree. I divided it into five chapters. Beginning with an introductory one. Then chapter one which I talk in it about Al- Hanaffiah Methods concerning indication division on, then chapter two which was about Al-mutakallemeen community for indication, chapter three was for comparison between these two methods, while chapter four and the final, I investigated some applicable issues relating to this difference in classification. The most important result: 1- Al- Hanaffiah divided the Implications into text statement, text mark, text Implication and text requiremend. 2- Al-mutakallemeen classified the implications into spoken and conceipt and each have then own classification. 3-text statement according to Hanaffiah is the same frank spoken as Al-mutakallemeen. 4-text mark and requiremend for Al- Hanaffiah are both the same for Al-mutakallemeen who made them of un frank spoken. 5-text Implication for Al- Hanaffiah is the agreement concepts for Al-mutakallemeen.
The Collective Duty and its Importance in Building Community
(2015) Rashid Riyad Rashid Walweel; Dr . Jamal Ahmed Zaid Kilani
This research handles the most the collective duties that concern the whole nation and its importance in constructing the society and its development and prosperity by gathering them in one place to describe and analyze them, This research consists of an introduction, five chapters and conclusion. The first chapter deals with a rapid glance about the Concept of the Collective Duty and its judgment and priority and the difference between it and Individual duty and transformation of the Collective Duty to a Individual duty and how this happened, and the parts of the Collective Duty and who were addressed by it. Chapter two tackles the Collective Duties in the scientific field through the specialization of all aspects whether legal or illegal with the presence of diligence establishments, and taking care in the inventors of the nation and brilliant minds and creating centres for them and making accurate curricula for students with graduates who say the right against the tyrants. Chapter three talks about the necessity of the economical development as an Collective Duty through the food safety and the self independence of the nation and interesting with developed technological matters in industry and production and constructing legal financial companies and corporations instead of usurious ones. In chapter four, the researcher speaks about the Collective Duties and its effect on the social solidarity through Islamic financial system to implement social justice among its members in all rights except "Zakat", then the efficient worships and its effect in social solidarity, with aiming media through creating a specialized media installation and its effect on social solidarity. In chapter five, i.e, the last chapter, the researcher talks about keeping the inner and outer security of the state which is considered one of the Collective Duties that must be protected through the state insurance of all safety and military aspects and creating the necessary establishments which fulfill this duty. The researcher concluded that it is necessary to implement these Collective Duties on the nation, other wise all people will be guilty if they miss any task, each one in his position especially the officials.
Commands and Prohibitions in the Sunnah and their Indications for Fundamentalists
(2013) Ibraheem Jamal Saeed Sha'bneh; Dr. Hassan Khader
This study aims at clarifying the value of the jurisprudence bases study as a result of being the fundament of jurisprudence . The two, jurisprudence and its bases, are two inseparable studies, the agree that the purpose of both is reaching the legitimacy rules. There is no disagreement about the fact that the Prophetic Tradition is the second recourse in legislation after the Holy Quran. The tradition important sections are ( commanding and banning) which the rules of the people revolves around them. The Tradition has a lot of commands and prohibitions which results several rules of the jurisprudence organizing the individuals' life and teaching them their religion. Chapter one includes some important introductions for the study like the definitions of commanding and banning, prophetic tradition which differs according to the scholars due to each research of each one in tradition, jurisprudence or bases . The Sunnah position among scholars has been clarified in addition to its proves and divisions. Moreover, the study includes commanding formulas, use, the effect of its evidences in directing the denotation . Scholars' says about the use of denotation in repetition or not have been mentioned in addition to the immediate denotation or delayed . Some questions about the denotation according to the scholars have been mentioned. The study has been shifted to the banning formulas, use and the effects of the proves in directing there denotation . The scholars says- so about their permanent cases or not and the immediate denotation or delayed. An important issue has been clarified showed to the banning the corruption or vitiation and the scholars perception about them in adorations and handlings. Some examples supported by scholars says - so have been put in order to facilitate the understanding. The study concluded several examples about the honorable Sunnah in practical applications of jurisprudence procedures caused by the diversity in the denotation of commanding and banning.
Commercial Competition in Islamic Jurisprudence and its Impact on the Market
(2012) Amal Ahmed Mahmoud Al-Haj Hasan; Dr. Jamal Al-Kilani
Abstract This study is submitted in partial fulfillment of the requirements for a Master Degree at the Faculty of Graduate Studies at An-Najah National University and consists of four chapters and a conclusion. In the first chapter, the researcher discussed the concept of legitimate commercial competition, its objectives, its importance along with examples on legitimate commercial competition and its impact on the market. This chapter was divided into four parts in which the researcher explained commercial competition, the opinion of Islamic Law regarding commerce and commercial competition, the objectives of commercial competition, its importance and conditions, in addition to examples on legitimate commercial competition and its impact on the market. In the second chapter, the researcher addressed the issue of illegitimate commercial competition and its impact on the market in three different parts in which she explained illegitimate competition, illegitimate sources of income, and modern examples of illegitimate competition. In the third chapter, the researcher talked about the examples of selling approaches that are prohibited by Islam and their impact on the market. This chapter came in six parts and addressed monopoly and its impact on the market, Talaqi Al-Rukban (a form of selling contract that is made between the owners of the goods and the one who receives them before entering the city; this man would deceive the owners of the goods by not telling them real price of the goods), Bay’ Al-Hader Lil Badi and its impact on the market (which is a form of commercial act whereby the inhabitant of a certain city tries to sell the goods brought into this city by a stranger instead of letting the latter do the selling by himself with the people of this city), Bay’ Al-Najash and its impact on the market (Here a person tries to increase the price of a certain good so that others would not be able to purchase it), selling things to a person that have previously been sold to another and the impact of this on the market, and finally the form of commercial transaction whereby a person would tell another who is about to buy a certain good that he has a better piece of good that he would like to sell to him. The researcher concluded her study with the major findings and recommendations, in addition to a list of the reference books that she used in her study.

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