This research aims to explain Ibn Rushd's method of presenting jurisprudential issues and opinions of jurists on them. He applied a distiguished method which is very unlikely to be found in other books of Islamic jurisprudence. The researcher applies the inductive method, and does not mention all of those issues; rather, after inducting the book, he mentions some examples of them.Ibn Rushd applied the method of mentioning the causes of difference in opinions. This is because jurists differed on some uṣulī and fiqhī principles that caused them to have different opinions on the derived ruling which was based on their differences on those principles. The researcher has found that Ibn Rushd sometimes gives preference to an opinion after rmentioning all the related opinions, but he refrains from doing so for some issues in which the proofs are equal.
It is very common to find Digo community practice cohabitation marriage without involving guardian, witness and dowry payment. And the reason for this is that the processes for formal marriage are very complicated and expensive at the sometime. The local Muslims scholars have different opinions regarding this kind of marriage. Both qualitative and quantitative research methods were used to collect data on the investigated domains. The data collected via questionnaire were analysed using SPSS software. Observation method was implemented in order to minimize any shortcoming from mixed methods. The respondents involved were 150 including spouses, council of elders, preachers and imam. The main findings of this study is that paramour marriage is an act of adultery and un-Islamic since it does not fulfill pillar and conditions of Islamic marriage. املحتوىاملقدمة 55 األول: املبحث عن عامة نظرة ديغو قبيلة 58 األول: املطلب ديغو قبيلة لسكان افي الجغر املوقع 58 الثاني: املطلب ديغو قبيلة عن موجزة ملحة 58 الثاني: املبحث ديغو قبيلة عند الزواج أنماط 59 األول: املطلب اإلسّلمي السواحلي النمط 59 الثاني: املطلب ن ا الخّل زواج البدوي النمط 62 املبحث اإلسّلمي الفقه في الخّلن زواج حكم الثالث: 63 الوقائع تلخيص األول: املطلب 63 الوقائع ومناقشة املسألة تحديد الثاني: املطلب الباحثين نظر وجهة وبيان وتحليلها 63 املسألة تحديد األول: الفرع 63 وتحليلها الوقائع مناقشة الثاني: الفرع 63 نظر وجهة الثالث: الفرع الباحثين 66 الخاتمة 66 التوصيات 66 امل اجع ر 67 املّلحق 68 امل قدمة ـرم األك ـا نبين على ـّلم والس ـّلة والص ـين، العامل ِ رب هلل ـد الحم ـم ـل وس ـه ـحب وص ِ آله وعلى هللا، ـبد ع بن ـد محم . فوضع األسرة، بتكوين اإلسّلمي الدين اعتنى فقد كان ملا و السديد، واملنهج السليمة األسس ذلك لتحقيق من األدلة تظافرت األسرة لتكوين األولى الخطوة الزواج 56 كينيا جمهورية في ديغو قبيلة بعادات مقارنة فقهية اسة در اإلسّلمي: الفقه في ن ا الخّل زواج أحكام الصيفي الدين حسام الرحمن، عبد محسن منصب
Oman has adopted the Sharī’ah governance framework which is very similar to other countries that face issues of Sharī’ah governance such as independence, competency, and disclosure. Therefore, this study will examine these main issues in the Sharī’ah governance framework of Oman. This paper aims to examine the current practice of Sharī’ah governance in Oman from the perspectives of Sharī’ah advisors, bankers and regulators. The paper focuses on the present practice of Sharī’ah governance framework and related issues such as independence, competency, and disclosure. The paper uses the descriptive research method in terms of collecting secondary data and information for the literature review. Since the availability of data and information on Sharī’ah governance practices in Oman is very limited, a semi-structured interview was conducted with Sharī’ah advisors, officers and regulators to explore their perceptions on Sharī’ah governance and related issues. The findings of the paper reveal that the regulators have put in place an excellent Sharī’ah governance framework and it may be considered as one of the best frameworks in the Islamic banking industry. However, there are shortcomings and weaknesses in the current practice of Sharī’ah governance frameworks, such as lack of experience, lack of research in the field of Islamic banking and finance and low position of internal Sharī’ah review. This study provides and proposes some recommendations for enhancing the present Sharī’ah governance framework.
This research aims to highlight the importance of the abrogator and abrogated, reasons and claims surround them, their effects on the rulings of Shari'ah, the relationship between them and the jurisprudential issues and knowledge of the condition of permissibility of abrogation and its pillars. They are very important science to know halal and haram, especially for the mujtahid who is diligent in the Shari'ah rulings. It is not permissible for anyone to issue a fatwa for an issue of the Shari'ah until he knows its position with the abrogator and abrogated. This knowledge is considered to be a condition of an Islamic jurist, and a scale on which a mufti should focus at the time of his search for knowing halal and haram. Neither a scholar nor a student should give up its knowledge. The researcher faces problems in the claims that accompany them, in disagreement of scholars on their existence, and the ways through which they are identified. The researcher has found that the abrogator and abrogated have a great impact on the jurisprudential issues; and claims and reasons surround them can be identified by the applications of some jurisprudential issues related to Shari'ah` rulings.
In this research, the researchers attempt to illustrate the linguistic and terminological meanings of Sukuk. They also want to point out their importance in financing major projects. Additionally, they try to recall the role of Islamic Sukuk in the contemporary world. This role will be shown by comparing between Sukuk in Malaysia and Egypt. This research will determine the historical stages through which the project of Sukuk in the Arab Republic of Egypt has passed. It will also explain Al-Azhar's response to the Sukuk project in the past, and show that currently, Islamic Sukuk is the only ideal mechanism for large projects in Egypt. A study will be conducted on the full text of the remarks made by the Supreme Council of Scholars in Al-Azhar on the Islamic Sukuk law. As for the research methodology, the researchers will follow two basic methods in this study: first, the inductive method to extract the related information from the sources; second, analytical method to analyze those information and compare between the two countries Malaysia and Egypt.
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