I spoke in this research about two issues: the prayer for the dead while he is in the coffin, and burial in it, and I made it into an introduction, a prelude, and two chapters. First: I mentioned in it the sayings of the fuqaha’ regarding the ruling on praying for the dead while he is in the coffin, and their evidence. Second topic: the four schools of jurisprudence have agreed - in general - that it is disliked to bury the dead in a coffin without a need. Rather, there was consensus on it, and I talked about burial in the coffin when necessary or needed. I mentioned examples of that, then I followed it up by mentioning the question of who recommended being buried in a coffin. And that his will is not executed unless there is a need to do so, in which case it will be from his capital. I have followed the inductive-analytical method. I appended the research with a conclusion in which I mentioned the most important results, including: It is not known that the deceased was placed in a coffin during the era of the Prophet PBUH, nor his companions.
{"title":"Prayer for the Dead While in Coffin, and Burying in It: A Jurisprudential Study: أحكامُ الصَّلَاةِ علَى المَيِّتِ فِي التَّابُوتِ، ودَفنِه فِيه: دِرَاسَةٌ فِقْهِيَّةٌ مُقارنةٌ","authors":"Turki Saud Al-thyabi Turki Saud Al-thyabi","doi":"10.26389/ajsrp.k010322","DOIUrl":"https://doi.org/10.26389/ajsrp.k010322","url":null,"abstract":"I spoke in this research about two issues: the prayer for the dead while he is in the coffin, and burial in it, and I made it into an introduction, a prelude, and two chapters. First: I mentioned in it the sayings of the fuqaha’ regarding the ruling on praying for the dead while he is in the coffin, and their evidence. Second topic: the four schools of jurisprudence have agreed - in general - that it is disliked to bury the dead in a coffin without a need. Rather, there was consensus on it, and I talked about burial in the coffin when necessary or needed. I mentioned examples of that, then I followed it up by mentioning the question of who recommended being buried in a coffin. And that his will is not executed unless there is a need to do so, in which case it will be from his capital. I have followed the inductive-analytical method. I appended the research with a conclusion in which I mentioned the most important results, including: It is not known that the deceased was placed in a coffin during the era of the Prophet PBUH, nor his companions.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87475857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The research aimed at clarify the ruling on Muslim minorities dealing with banks through loans, and to determine the nature of the interest that accrues to them, and the extent to which necessity is considered or not in this issue. The research method is represented in the deductive approach, by comparing the approved schools of jurisprudence, discussing the difference between them, and clarifying the most correct ones. The research concludes with several results, the most important of which are: that Muslim minorities represent a group of people who share the religiosity of Islam, and live in a society in which non-Islamic laws are applied and are less in number than the majority in that society that does not owe this religion, and that lending and bank borrowing with interest are prohibited by Sharia; because they involve usury, and that dealing with Muslim minorities with bank loans is not permissible if they are in a state of capacity and choice, while it is permissible for them temporarily in the case of necessity only if the halal doors are closed in their faces, and with specific restrictions. The expected interest from dealing in usury with regard to those with high incomes among the Muslim minorities is considered an illusory interest, and it is in the right of those in need among them if other permissible ways to achieve it are found, and that the considered necessity is the real necessity that is in the basic matters of life, and it is a permission for Muslim minorities in individual cases only, and does not include matters that are in excess of what life does.
{"title":"Muslim minorities and bank loans between interest and necessity: الأقليات المسلمة والقروض المصرفية بين المصلحة والضرورة","authors":"Asmaa Fathy Abdel Azeez Shehata Asmaa Fathy Abdel Azeez Shehata","doi":"10.26389/ajsrp.g161121","DOIUrl":"https://doi.org/10.26389/ajsrp.g161121","url":null,"abstract":"The research aimed at clarify the ruling on Muslim minorities dealing with banks through loans, and to determine the nature of the interest that accrues to them, and the extent to which necessity is considered or not in this issue. The research method is represented in the deductive approach, by comparing the approved schools of jurisprudence, discussing the difference between them, and clarifying the most correct ones. The research concludes with several results, the most important of which are: that Muslim minorities represent a group of people who share the religiosity of Islam, and live in a society in which non-Islamic laws are applied and are less in number than the majority in that society that does not owe this religion, and that lending and bank borrowing with interest are prohibited by Sharia; because they involve usury, and that dealing with Muslim minorities with bank loans is not permissible if they are in a state of capacity and choice, while it is permissible for them temporarily in the case of necessity only if the halal doors are closed in their faces, and with specific restrictions. The expected interest from dealing in usury with regard to those with high incomes among the Muslim minorities is considered an illusory interest, and it is in the right of those in need among them if other permissible ways to achieve it are found, and that the considered necessity is the real necessity that is in the basic matters of life, and it is a permission for Muslim minorities in individual cases only, and does not include matters that are in excess of what life does.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79567321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study aimed to clarify the smart contracts, which mean " Meeting the acceptance of the contractors through special softwires, in the form of encrypted codes, under the contractors conditions, their rights and obligations arising from each of them, and they are implemented automatically within specific legally acceptable controls", its important characteristics and challenges, and closely related words, in addition to mentioning the importance jurisprudential controls that must be available in the contract formula, both contracting parties, and subject of contracts. One of this study importance was the applicability of the contract pillars theory to these contracts, which means ruling on its permissibility and arranging all the implications of traditional contracts of obligation and commitment, if the aforementioned jurisprudential controls are adhered to, and the study recommends the need for jurisprudential councils to adopt this ruling, and to benefit from the experiences of some countries that activated these contracts in all fields, which constituted a qualitative leap in people's lives.
{"title":"Smart contracts: It’s rules and jurisprudence: العقود الذكية: حكمها وضوابطها الفقهية","authors":"Sumaia Ali Al-Omari Sumaia Ali Al-Omari","doi":"10.26389/ajsrp.m140222","DOIUrl":"https://doi.org/10.26389/ajsrp.m140222","url":null,"abstract":"This study aimed to clarify the smart contracts, which mean \" Meeting the acceptance of the contractors through special softwires, in the form of encrypted codes, under the contractors conditions, their rights and obligations arising from each of them, and they are implemented automatically within specific legally acceptable controls\", its important characteristics and challenges, and closely related words, in addition to mentioning the importance jurisprudential controls that must be available in the contract formula, both contracting parties, and subject of contracts. One of this study importance was the applicability of the contract pillars theory to these contracts, which means ruling on its permissibility and arranging all the implications of traditional contracts of obligation and commitment, if the aforementioned jurisprudential controls are adhered to, and the study recommends the need for jurisprudential councils to adopt this ruling, and to benefit from the experiences of some countries that activated these contracts in all fields, which constituted a qualitative leap in people's lives.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75607963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Study Aimed to Clarify the Claims of Women's Liberation and Also Dealt with Their Concept and Origin, and to Talk About the Most Prominent Advocates of Women's Freedom' And the Ideas and Belifs Advocated by The Advocates of Liberation and The Likes Raised Around Them. One of the Most Prominent Findings of the Study Is That Advocates of Women's Liberation Are A Secular Movement That Emerged At The Beginning of The Ninteenth Century In The Arab Countries Of Egypt, And The Balance Of Liberation Among Advocates Of Liberation Is That Women Liberate From The Command Of Our Lord And Disobey God Almighty.
{"title":"Claims Behind Women's Liberation: دعاوى تحرير المرأة","authors":"Khaldun Yousef Awwad Alsaket Khaldun Yousef Awwad Alsaket","doi":"10.26389/ajsrp.l190821","DOIUrl":"https://doi.org/10.26389/ajsrp.l190821","url":null,"abstract":"The Study Aimed to Clarify the Claims of Women's Liberation and Also Dealt with Their Concept and Origin, and to Talk About the Most Prominent Advocates of Women's Freedom' And the Ideas and Belifs Advocated by The Advocates of Liberation and The Likes Raised Around Them. One of the Most Prominent Findings of the Study Is That Advocates of Women's Liberation Are A Secular Movement That Emerged At The Beginning of The Ninteenth Century In The Arab Countries Of Egypt, And The Balance Of Liberation Among Advocates Of Liberation Is That Women Liberate From The Command Of Our Lord And Disobey God Almighty.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76886657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this research, I aimed to present the most important endeavours of a Muslim slave in his life. the collection of good deeds and care to accept good work; According to the Holy Koran and the right prophetic year; This can only be done in the words and good deeds to which the Muslim good luck in this life. Without ignorance or negligence in the light of the terms and conditions of this, Knowledge of God's greatness avoids a Muslim to fall into such oblivion. Happiness and satisfaction can only be achieved through devotion to the laws of Islam. It also outlined the variables of the times and their impact on the acceptance of good work, To that end, I have followed the descriptive extrapolation approach in my research, and I have divided it into three Reports.
{"title":"The rules and controls for accepting good deeds in a changing world: قًواعِد وضَوابِط قَبول الْعَملِ الصّالحِ فِي عَالم مُتَغيِر","authors":"Yaqoub Yousef Alfailakawi Yaqoub Yousef Alfailakawi","doi":"10.26389/ajsrp.k150621","DOIUrl":"https://doi.org/10.26389/ajsrp.k150621","url":null,"abstract":"In this research, I aimed to present the most important endeavours of a Muslim slave in his life. the collection of good deeds and care to accept good work; According to the Holy Koran and the right prophetic year; This can only be done in the words and good deeds to which the Muslim good luck in this life. Without ignorance or negligence in the light of the terms and conditions of this, Knowledge of God's greatness avoids a Muslim to fall into such oblivion. Happiness and satisfaction can only be achieved through devotion to the laws of Islam. It also outlined the variables of the times and their impact on the acceptance of good work, To that end, I have followed the descriptive extrapolation approach in my research, and I have divided it into three Reports.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86598235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The objective of the research is a gathering and thorough examination of the matters that the judge requires within the matters pertaining to fasting in the Hanbali school of thought from one of its relied books. Guidelines which the judge needs and does not need to give an edict are given. The book Iqna'a by al- Hajjawi was chosen for which the research was to be based on after which a comparison of the remaining four schools of thought were made because the former is the primary reference for judges in this country and so is important and beneficial for judges and rulings. The research concluded in that there are three rules that the ruling of judge depends on and that this is not a point of agreement amongst the scholars. Just as the scholars differ in matter of Islamic jurisprudence likewise judges differ in matters of ruling like whether or not it was dependent on the ruling of the judge or not like in matters related to fasting, such as the beginning of Ramadhan and other months.
{"title":"Jurisprudence issues related to fasting that depend on the judge’s ruling according to the Hanbalis: Collection and Study : المسائل الفقهية التي تتوقف على حكم القاضي في باب الصوم عند الحنابلة: جمعًا ودارسةً","authors":"Ibrahem Abdoalaziz Abdoallah Almobaddal Ibrahem Abdoalaziz Abdoallah Almobaddal","doi":"10.26389/ajsrp.m260119","DOIUrl":"https://doi.org/10.26389/ajsrp.m260119","url":null,"abstract":"The objective of the research is a gathering and thorough examination of the matters that the judge requires within the matters pertaining to fasting in the Hanbali school of thought from one of its relied books. Guidelines which the judge needs and does not need to give an edict are given. The book Iqna'a by al- Hajjawi was chosen for which the research was to be based on after which a comparison of the remaining four schools of thought were made because the former is the primary reference for judges in this country and so is important and beneficial for judges and rulings. The research concluded in that there are three rules that the ruling of judge depends on and that this is not a point of agreement amongst the scholars. Just as the scholars differ in matter of Islamic jurisprudence likewise judges differ in matters of ruling like whether or not it was dependent on the ruling of the judge or not like in matters related to fasting, such as the beginning of Ramadhan and other months.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86117569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mohammed Shawqi Naser Ela'awar Mohammed Shawqi Naser Ela'awar
Penalties in Islamic criminal legislation This research discusses the symbiotic a comparative doctrinal study. It addresses the definition of penalty - atonements as a model provisions in the Islamic system, and the provisions of symbiotic punishments in the atonement role in social solidarity. It also sheds light on the opinions of jurists in symbiotic and their positive punishments, and whether these expiations are punishments or types of reformation. In addition, of each particular we address in this research the types of symbiotic atonement and the type. The main goal is to examine the position of the Yemeni Sharia and legislation on symbiosis. atonement punishments This research is based on the inductive and analytical approach by extrapolating the words of Islamic scholars in the rule of atonements and their provisions. The approach depends on the analysis and discussion of what each team went to, while indicating the amounts of symbiotic punishments in the atonements such as food and clothing. The conclusion of the research sums up the most important findings of this research as well as recommendations.
{"title":"Symbiotic Penalties in Islamic Criminal Legislation, Atonement as a Model: A comparative study: العقوبات التكافلية في التشريع الإسلامي- الكفارات أنموذجاً دراسة فقهية مقارنة","authors":"Mohammed Shawqi Naser Ela'awar Mohammed Shawqi Naser Ela'awar","doi":"10.26389/ajsrp.r051221","DOIUrl":"https://doi.org/10.26389/ajsrp.r051221","url":null,"abstract":"Penalties in Islamic criminal legislation This research discusses the symbiotic a comparative doctrinal study. It addresses the definition of penalty - atonements as a model provisions in the Islamic system, and the provisions of symbiotic punishments in the atonement role in social solidarity. It also sheds light on the opinions of jurists in symbiotic and their positive punishments, and whether these expiations are punishments or types of reformation. In addition, of each particular we address in this research the types of symbiotic atonement and the type. The main goal is to examine the position of the Yemeni Sharia and legislation on symbiosis. atonement punishments This research is based on the inductive and analytical approach by extrapolating the words of Islamic scholars in the rule of atonements and their provisions. The approach depends on the analysis and discussion of what each team went to, while indicating the amounts of symbiotic punishments in the atonements such as food and clothing. The conclusion of the research sums up the most important findings of this research as well as recommendations.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73795370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Naser Ali Edrees Abdulghani Naser Ali Edrees Abdulghani
This research aims to study the impact of the Arab Spring revolutions on the purposes of Sharia. I relied on the descriptive analytical method in writing this research, and it contained three sections, and I touched upon the effects of revolutions on the purpose of protection of Life, Lineage, and Intellect, also, I talked about the purpose of protection of religion in terms of moral values in the light Arab Spring. And this study also discussed the economic effects of the revolutions on the spring countries and their neighboring countries as well. After researching the effects of the Arab Spring, I concluded that the deterioration of the security and political conditions had a negative impact on various aspects of the religious, social and economic life of the countries of the Spring, and the purposes of Sharia are to preserve the reasons for which the revolutions took place, and that the Arab Countries Threatened with division due to the spread of sectarian and terrorist movements, as well as civil wars.
{"title":"The impact of Arab Spring Revolutions on the purposes of Islamic Sharia: أثر ثورات الربيع العربي على مقاصد الشريعة","authors":"Naser Ali Edrees Abdulghani Naser Ali Edrees Abdulghani","doi":"10.26389/ajsrp.e220821","DOIUrl":"https://doi.org/10.26389/ajsrp.e220821","url":null,"abstract":"This research aims to study the impact of the Arab Spring revolutions on the purposes of Sharia. I relied on the descriptive analytical method in writing this research, and it contained three sections, and I touched upon the effects of revolutions on the purpose of protection of Life, Lineage, and Intellect, also, I talked about the purpose of protection of religion in terms of moral values in the light Arab Spring. And this study also discussed the economic effects of the revolutions on the spring countries and their neighboring countries as well. After researching the effects of the Arab Spring, I concluded that the deterioration of the security and political conditions had a negative impact on various aspects of the religious, social and economic life of the countries of the Spring, and the purposes of Sharia are to preserve the reasons for which the revolutions took place, and that the Arab Countries Threatened with division due to the spread of sectarian and terrorist movements, as well as civil wars.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76004046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abdulhadi Mohammad Dalati Abdulhadi Mohammad Dalati
There is no doubt that the Prophetic traditions (sunnah) are amongst the foundations upon which Muslims base their Islamic beliefs. They are also one of the pillars that high-ranking scholars rely upon in order to derive religious maxims/rules. In this era, many misconceptions surfaced in regards to the credibility of the Prophetic Sunnah. Through these misunderstandings, numerous people have attempted to prevent others from being committed to the Sunnah and implementing its noble teachings. Perhaps, also, some contemporaries might have referred to certain claims, in some books, which indicate to the possibility of error in the Ijtihād of the Prophet regarding religious matters. This has consequently resulted in repelling people from committing to the Prophetic traditions. Based upon this, through my research, I will attempt to investigate in this matter so as to clarify that the reality is contrary to their claims. Instead, the Prophet, ṣalla-Allāhu ʿalayhi wa-sallam, is impeccable and protected from erring when performing Ijtihād as he is protected from making mistakes in regards to what he relates from His Lord through revelation. I have collated many supportive evidences as well as making note of the misrepresentations I have found and responded to them. Amongst the conclusions this research has arrived at is that when Jesus descends from the sky, all disagreements pertaining to judicial schools of thought will cease, because his Ijtihād is protected from error, therefore his religious opinion would be the accepted one. The methodologies I adopted herein are descriptive & analytical. I hope that this research becomes a new addition to the Islamic body of research and an aid to researchers. I also hope for this research project to fill the gap in extant research, as I have not found anyone who has delved into this matter as I have.
{"title":"Clearing the Prophet’s Ijtihād from error: تنزيه اجتهاد النبي صلى الله عليه وسلم عن الغلط","authors":"Abdulhadi Mohammad Dalati Abdulhadi Mohammad Dalati","doi":"10.26389/ajsrp.l260821","DOIUrl":"https://doi.org/10.26389/ajsrp.l260821","url":null,"abstract":"There is no doubt that the Prophetic traditions (sunnah) are amongst the foundations upon which Muslims base their Islamic beliefs. They are also one of the pillars that high-ranking scholars rely upon in order to derive religious maxims/rules. In this era, many misconceptions surfaced in regards to the credibility of the Prophetic Sunnah. Through these misunderstandings, numerous people have attempted to prevent others from being committed to the Sunnah and implementing its noble teachings. Perhaps, also, some contemporaries might have referred to certain claims, in some books, which indicate to the possibility of error in the Ijtihād of the Prophet regarding religious matters. This has consequently resulted in repelling people from committing to the Prophetic traditions. Based upon this, through my research, I will attempt to investigate in this matter so as to clarify that the reality is contrary to their claims. Instead, the Prophet, ṣalla-Allāhu ʿalayhi wa-sallam, is impeccable and protected from erring when performing Ijtihād as he is protected from making mistakes in regards to what he relates from His Lord through revelation. I have collated many supportive evidences as well as making note of the misrepresentations I have found and responded to them. Amongst the conclusions this research has arrived at is that when Jesus descends from the sky, all disagreements pertaining to judicial schools of thought will cease, because his Ijtihād is protected from error, therefore his religious opinion would be the accepted one. The methodologies I adopted herein are descriptive & analytical. I hope that this research becomes a new addition to the Islamic body of research and an aid to researchers. I also hope for this research project to fill the gap in extant research, as I have not found anyone who has delved into this matter as I have.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81709651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This research aims to clarify the provisions in which the Kosovan family law violated Islamic Shari’a، the researcher followed the inductive method، the analytical method and the comparative method for its suitability to the study، the researcher reached a number of results، most notably that the Kosovan family law violated the Islamic Shari، a in the folloving issues: prohibiting polygamy, alloving the Muslim woman to marry a non- Muslim, the Kosovan law also allowed the court to allow to marry Non –Marriageable female relatives by affinity for acceptable and clear reasons, the researcher also recommended that the Kosovar legislator shall adopt the provisions of Islamic Shari,a that contribute to protecting the rights of family members from Islamic Sharia.
{"title":"Issues in which the Kosovan Family Law Violated Islamic Jurisprudence in the Matter of Marriage: المسائل التي خالف فيها قانون الأسرة الكوسوفي الفقه الإسلامي في باب الزواج","authors":"Bejtullah Ismail Gashi Bejtullah Ismail Gashi","doi":"10.26389/ajsrp.a010821","DOIUrl":"https://doi.org/10.26389/ajsrp.a010821","url":null,"abstract":"This research aims to clarify the provisions in which the Kosovan family law violated Islamic Shari’a، the researcher followed the inductive method، the analytical method and the comparative method for its suitability to the study، the researcher reached a number of results، most notably that the Kosovan family law violated the Islamic Shari، a in the folloving issues: prohibiting polygamy, alloving the Muslim woman to marry a non- Muslim, the Kosovan law also allowed the court to allow to marry Non –Marriageable female relatives by affinity for acceptable and clear reasons, the researcher also recommended that the Kosovar legislator shall adopt the provisions of Islamic Shari,a that contribute to protecting the rights of family members from Islamic Sharia.","PeriodicalId":17009,"journal":{"name":"journal of sciences islamic republic of iran","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82896368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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