Anbar University Journal of Islamic Sciences

This research establishes the groundwork for an independent jurisprudential theory based on pillars, conditions, and justifications, namely the theory of al-Fawt in contractual transactions in Maliki jurisprudence.
It argues that in contractual transactions, if they arise improperly, their effects do not follow, adhering to established Sharia rules. However, excessive application of this rule without foresight into its resulting harms, especially when reverting the matters to their pre-improper state is impossible, leads to transactional disruption and intensified harm. Therefore, scholars have leaned towards a remedial approach, manifested in mitigating the harms, severing their continuity, and maintaining them whenever possible, by determining the effects of proper transactions or some of them on these improper ones, forming the basis for the theory of al-Fawt.
Through this research, a general framework for the theory of al-Fawt in contractual transactions in Maliki jurisprudence is developed, similar to other jurisprudential theories, based on pillars, conditions, and justifications that delineate the features of this desired theory.
The research employs an inductive and analytical methodology, scrutinizing the details of constructing the features of this theory, analyzing its texts to elucidate its pillars, conditions, effects, and justifications.

The study of Islamic jurisprudence fundamentals is a discipline that requires a conscientious individual to possess knowledge to accurately determine judicial rulings, either with certainty or with a high degree of doubt. The study of Sharia is essential for understanding its purposes and guiding one's adherence to its rules. Scholars, both past and present, have devoted significant attention to this subject. One of the crucial subjects in the field of jurisprudence is the concept of "generality" and its related topics. It explores whether the addresser is encompassed by the general scope of a statement if the statement is worded broadly and applies to both the addresser and others, or if the addresser is excluded from it. Researchers must investigate this detail in order to ascertain the universality of the discourse. Despite its significance, it is only briefly referenced in foundational literature. The researcher aimed to shed light to this issue, with the study's challenge lying in clarifying the methodologies employed by the fundamentalists in the addresser's discourse whether the speech adheres to a universal format that applies to the speaker and others, and whether there is no specific directive to address or discuss the affairs of another individual, and no evidence is presented indicating specific inclusion or exclusion, then may it be categorized as a type of generalization? The researcher reached some findings, with the most significant being that the individual discussing the news aligns with the overall intent of their speech, reflecting the viewpoint of the majority of fundamentalists. It is only excluded from its general application if there is evidence that requires its specific application. The person addressing must not fall into the general category of what is being discussed. Additionally, the person being referred to, peace be upon him, is included in the general category of his speech. This is because when a word is included in the language, it must also be included in a ruling, and the fundamental principle regarding the speech of the Messenger, peace be upon him, to his companions is that it is legally binding and included in that speech, regardless of whether the discourse explicitly includes it or not. This ruling can only be deviated from with evidence

In light of the talk about women's financial rights, talk is raised about their entitlement to breastfeeding wages, then this research was about the extent to which they are entitled to breastfeeding wages in the light of Islamic law and the Kuwaiti Law, through the introductory section and defined the terminology of the study, the first section, in which he mentioned the evidence of the legality of breastfeeding, its recipe, the mother's right to it, the second section between the entitlement to breastfeeding wages in Islamic law, & Kuwaiti Law, the legal principles decided by the Court of Cassation.
The research concluded that the mother deserves a fee to breastfeed the child in the event of marriage, dealing with that right is in multiple ways due to the relationship of the spouses in the first place, the divorced lactating woman deserves a wage for breastfeeding, that the law is in accordance with Islamic law in the entitlement of a nursing mother to a wage for breastfeeding, whether she is in her husband's house or divorced, the researcher reached the agreement of Islamic law and Kuwaiti law to preserve the general rights of both sexes, according to special and general conditions

This research aims to elucidate how Islamic jurists address the punishment for a parent who intentionally and aggressively kills their child. Some jurists apply the general principles of retributive justice (Qisas) to this crime, while others treat it as a special case, prescribing a punishment other than retribution. In this study, we explored both opinions and compared them with the stance of the Jordanian legislator.
We employed the following methodologies: inductive, descriptive, analytical, and comparative.
Study Findings:
- The preference is given to the opinion that mandates the killing of the parent for killing their child, in order to protect lives and prevent the undervaluation of human life.
- The Jordanian Penal Code does not adhere to a specific Islamic school of thought in its legislations but rather navigates among them in its rulings.
- The Jordanian legislator aligns with the four major Islamic schools in not sentencing the parent to death when the mother kills her child under one year of age due to the influence of childbirth or breastfeeding.
- It also agrees with three of the four schools (excluding the Malikis) in not sentencing the parent to death for the intentional killing of a child when a father kills his daughter upon finding her committing adultery.
- The legislator aligns with the Zahiri school in applying retribution (Qisas) to the parent if they kill their child outside the three aforementioned circumstances.

" Praise be to Allah, to whom belong all that is in the heavens and on the earth, who says: 'And We have certainly made the Qur'an easy to remember.' [Surah Al-Hijr: 9]. Peace and blessings be upon our master Muhammad, his family, and his companions, and those who follow in their footsteps.
This research explores anomalous readings of the Quran, using Imam Al-Adranawi's book "Jami' al-Anwar" as a guide. The book was a focus of study during the doctoral phase, comprising a descriptive and inductive study. Its aim is to direct the attention of Quranic researchers towards exploring these texts and discovering the treasures within them.
Key findings of the research include:
1. The diverse sources of anomalous readings, spanning authentic readings, exegesis, language, and guidance literature.
2. Highlighting the importance of understanding both the common and anomalous readings in enriching and clarifying meanings.
Key recommendations from the research:
1. Conducting comparative studies between what Al-Adranawi mentioned and what he overlooked in terms of readings.
2. Studying selections attributed to scholars outside the field of Quranic readings, such as linguists.

The Noble Quran clarifies that the calls of the messengers, peace be upon them, were met with acceptance by one group and rejection by another group. Each group had men who served as leaders. The people of truth were referred to as "dua'at" (callers) while the Quran referred to the people of falsehood as "al-Mala" (the elite). These two terms have connotations that are close in meaning: the messenger and the prophet were specifically chosen by Allah for revelation and to invite people to goodness, while the affluent and the elite are the callers to evil. Other terms, such as "Imam," indicate aspects of both sides together.
The aim of the research is to study these terms and explain their meanings, providing Quranic examples for each term. Additionally, the focus is on the Quranic purposes behind presenting these examples, as well as the consequences of their calls or following them, in accordance with the requirements of the noble Quranic context.
Some prominent results emerged, such as the Quranic definition of the term "dua'at" and its limitations. For the callers to faith and goodness, the term "dua'at" is used in association with their actions, while for the callers to disbelief and evil, the term is linked to them and their behaviors in an opposing manner.
It is recommended to contemplate Quranic terms, understand their meanings and purposes, and grasp the context in which they are used, in order to avoid errors or misusing the terms.

Al-Hafiz Ibn Hajar, may God have mercy on him, tracked down many of the imams in his book "Fath al-Bari Explanation of Sahih al-Bukhari" when discussing some hadith issues, and while he pursued those issues, he disclosed the names of some imams and hided others whom their disclosure required research in other books of hadith commentaries.
And among those whom Al-Hafiz Ibn Hajar hided was Al-Hafiz Ibn almulaqan, who Al-Hafiz Al-Aini revealed he when tracking down Al-Hafiz Ibn Hajar and responding to him in his book entitled “Umdat Al-Qari Sharh Sahih Al-Bukhari”, Which this research will deal with, with an attempt to find out Ibn Hajar’s reasons to anonym Ibn almulaqan.
The research was conducted through the inductive-analytical method, and revealed many scientific benefits, and linked between the book of Al-Hafiz Ibn Hajar “Fath Al-Bari Sharh Sahih Al-Bukhari” And Al-Hafiz Al-Aini’s book “Umdat Al-Qari Sharh Sahih Al-Bukhari”,and emphasized the status and importance of the two books among the commentaries books of Sahih Al-Bukhari

The misunderstanding of legal texts is one of the main reasons for the emergence of social extremism is one of the most prominent problems that afflicted society and diverted its path from the path of righteousness. We see individuals and groups who fell into this slippery slope - men and women - have taken a path different from the path of Islam, thinking that this is a kind of openness, civilization and progress for the Islamic society, by entering Some Western concepts to our Islamic society
The basis adopted by those who fell into intellectual and social extremism, who fell into the practice of some actions that contradict Islamic law and its teachings, is that some of them understand the legal text superficially, or that some of them interpret the legal text on a meaning that cannot bear its meaning, and thus leads to extremist social actions, and these actions are always deviant and abnormal, either excessive or negligent, and are far from the Islamic religion, and some social practices strike the solid foundation of religion and Islamic society

The occurrence of doubt in the chain of transmission is permissible and the narrators differ in it and its causes and motives differ according to the state of the narrator in terms of memorization and accuracy and the study has shown that doubt may be in the formulas of endurance and performance and the stray may be in the names of the narrators as a result of similarity of the names the evidences are convergent and the study concluded that there are two types of doubt one of them criticizes validity hadith and the other is not defamatory and the distinction between these two types is important in the study cash for the consequences of acceptance or response

The purpose of this research is to clarify the choices and preferences of the two sheikhs، the teacher، and the balisani، and the comparison between them and benefit from them، to know the correct saying of the weak، and this comes through the process of complete extrapolation of the interpretation of the verses when the two sheikhs، through their interpretation، and extracting their preferences in those verses، and then comparing them، with the presentation of the views of the commentators in those verses in which the weighting، And tried in this research to highlight the efforts of two scientists of contemporary Iraq in the interpretation of the Holy Qur'an، and study their preferences within the approach of comparative interpretation، and applied to the rules of interpretation developed by previous scientists، and the impact of its significance on the most correct saying، especially since the life of the two sheikhs was full of science and learning، as each of them was characterized by the capacity of scientific giving and the abundance of authorship، so the basis was for them in weighting، And the choice، is mental diligence after referring to the language. The study showed the concept of choice، weighting in language and terminology، and the difference between choice and weighting، and Surat Al-Mu'minun was a model to highlight the choices and preferences of the two sheikhs.

Summary of the research topic: This research consisted first of the title, in which we clarified the details of the vocabulary of the research title, followed by a general summary of the research, followed by a summary of the research topic, followed by an introduction in which we clarified the importance of the topic, the reasons for its selection, previous studies, and the general plan of the research, and then we dealt with a summary of the life of Sheikh Ibn Asim (may God have mercy on him) is the owner of the system, and after that a summary of the system, and after that a summary of the commentator on the system Sheikh Al-Saadi (may God have mercy on him), and after that a summary of the manuscript; It is the book that we are about to verify, and after that comes the verified text. It is the investigation of two plates from the manuscript that included the characteristics and conditions of the judge, as this investigation included copies of the two plates, and a careful interview of the two copies of it according to the correct criteria for investigation with graduation of the noble verses, and the noble hadiths, and the judgment on them, as well as referring the texts of poetry to its author, and its source with the translation of all what was mentioned from Flags, cities, strange words, books mentioned in the verified text, and others that need translation, and after that we study the issues with an extensive jurisprudential study, and sometimes a comparison on the four schools of thought with documentation from their original sources if there is any, or from others if it is not possible, and then we concluded the research with a conclusion that included The most important results that were nominated from this research with some important recommendations that are related to the subject of the research, and serve the researchers, and the scientific authorities later, and then the sources and references were arranged according to the alphabet, and thus this research was completed, and praise be to God, Lord of the Worlds

The prohibition according to the scholars of the principles of jurisprudence is what indicates the request to abstain from the act، and the prohibition has formulas that indicate it، including the present tense associated with the prohibition (insha). Neither is the negation (the news) and the order indicating the desisting، and it may be in the matter of prohibition and the negation of the solution، and the scholars of the principles of jurisprudence differed in the necessity of the prohibition that is abstract from the presumption and in the prohibition، and in that the prohibition indicates the hatred of the one who is forbidden، and it does not indicate its prohibition except with a presumption، just as there is no disagreement Among the fundamentalists in that the prohibition indicates a request to stop the act that is forbidden from it permanently and immediately، so if the legislator forbade something، the one to whom the prohibition was directed must end immediately، and all of the foregoing found its applications among the Hanafi scholars، while the comparative study showed the difference between them And between the schools of jurisprudence in what they went to in terms of disagreement، and each used the texts to indicate what he went to.

In this research, I studied the weighting of the two sheikhs Abd al-Karim
al-Mudarres and Muhammad Taha al-Balisani in their interpretation of the similar verses in the first part of Surat al-Baqara - a comparative study, the research's problem is whether they cared about the weightings in the interpretation and what is the scientific standing for their weighting. The research aims to introduce the two sheikhs and clarify their position among The interpreters. In this research I relied on a method which is based on extrapolation, analysis and comparison, then I became acquainted with their life and the concept of similarity, afterword I studied the three issues that were mentioned by them on the topic of similarity. The first: is the abbreviated letters of the beginning of the surahs, the second: is the issue of the characteristic of timidity, the third: is the features of the interpretation of his saying ( be and it is ) , and they disagreed on the situation of the abbreviated letters, but they agreed on the interpretation of the characteristic of timidity and his saying ( be and it is ) in the representation and metaphor, however, they were committed to the principles and rules of interpretation, so they took the direction of weighting with scientific and objective accuracy, and didn't deviate from what the majority of commentators said.

After reading and following up the opinions and fatwas of an imam of the imams of Hanafi jurisprudence، namely Imam Zahir al-Din al-Bukhari (may God Almighty have mercy on him) on some jurisprudential issues from the Book of Prayer. .his nickname rate. his upbringing his death. In view of the period that Imam Zahir al-Din al-Bukhari (may God have mercy on him) lived، which is the beginning of the seventh century AH، that turbulent period that the Islamic nation went through، as it was subjected to the most heinous subversive colonial attack، which was the invasion of the Islamic countries by the Mongols، where a lot of adequate information was lost for such scientific figures.
In addition to that، I dealt in this research with three of the issues that Imam Zahir al-Din Ibakhari (may God Almighty have mercy on him) gave fatwas by preferring one of the sayings of the Hanafi jurists، namely: The intention to face the qiblah.
Abandoning the direction of the qiblah after hitting its destination. Commencing in the tribal Friday year، where the issues were edited، studied، and clarified to the reader through a simple introduction to the issue، and after that he mentioned the saying of Imam Zahir al-Din al-Bukhari (may God Almighty have mercy on him) and the evidence for what he said. And the sayings of the jurists of the Hanafi school of thought and those who agreed with them from other schools. The Qur’an and the purified Prophet’s Sunnah، and then a statement of the opinion of those who succeeded it with a statement of the evidence and the point of evidence from the Qur’an and the Sunnah. Then a statement of the most correct opinion from the sayings، relying on the strength of the evidence in terms of taking the most correct saying

The research deals with the issue of hand washing for those who wanted to perform ablution for those who woke up from their sleep, to clarify the fundamental crippling of them specifically. One of the necessities of this restriction was passing through jurisprudential issues, the evidences of the jurists, and the debates that were present between the folds of that issue. Then the conclusion is to derive a comprehensive origin from it, so the research on this simulates the Hanafi method, as it assumes that in the jurisprudential heritage and subsidiary issues unless they are reconciled, so the research adopted this task and took it upon itself, but within a specific scope, which is the book Eyes of Evidence in Matters of Dispute between the Jurists of Al-Amsar by Ibn Al-Qassar Maliki. The research sought the sample of the study to explain it in detail, then to recite it, and then finally to develop the fundamentalist rules, which were incorporated under it as a comprehensive principle that gathers its strife, and it is a model for many issues, but the search was limited to it as an example in which the article becomes clear only, and one of the necessities of the research is to define the term recitation. The fundamentalist and what is meant by it and what is intended by it, by explaining its linguistic and terminological meaning, an introduction to accessing the core of its subject, as the task of defining the terminology will be to adjust the direction of the research and direct its rudder towards its main goal, so that it does not diverge and the unity of its subject is lost between the many parts it contains.
Then it is a statement of the methodologies of the jurists and the foundations of their schools of thought that they relied on and made for themselves in order to accept evidence from the beginning or criticize it and derive rulings from it at the end, to clarify the intellectual mentality and the extent of maturity reached by the original thought, which the imams of the schools established for it, and they followed what they worshiped who came after them. their students until he reached what he has reached today, clarity, maturity and firmness.
It is also not hidden from those who have knowledge of these curricula of their importance in preserving the entity of the jurisprudential schools, and then the consistency of the provisions of the glorious Sharia, and its ability to simulate reality by finding solutions to emerging contemporary issues by linking them to similar ones and returning everyone to a comprehensive origin through holistic rules

A study of the life and narrations of Abd
Alsamad bn al-Warith in the Book of Purity
in the Four Sunnahs (Abd al-Samad ibn Abd
al-Warith, where we will stop to explain his
fragrant biography, and its narrations in the
book of Purity in the Four Books of the
Sunan between researching the books in it
that are truthful, he narrated on the
authority of many modern scholars,
including: his father Abd Al-Warith bin
Saeed, Ismail bin Muslim Al-Abdi, Habib bin
Abdullah Al-Azdi, and others, and many
narrated on his authority: Al-Hussein bin
Isa, his son Abdul Samad, Nasr bin AlMuhajir and others. Scientific, with the study
it deserves, and praise be to God, Lord of the
Worlds.

The weightings of the jurist are the conclusion of his knowledge in the matter in which there is a difference of opinion, and if the jurist favored a saying, then it becomes the saying of the fatwa with him and those who imitate him, and the summary of this research revolves around Imam al-Marghinani, may God have mercy on him, and his weightings in the book of guidance. e, his scientific standing and his death, then I chose two issues from the book of Purity, in which I mentioned the weighting of Al-Marghinani compared with the four schools of jurisprudence, and the research included an introduction, two topics, a conclusion, sources and references.

The subject of this research, which I dealt with in the study, is a set of jurisprudential issues that Imam Al-Shafi’i described as corruption in his book Al-Am. This study was carried out in a scientific way based on reliance on the books considered for these doctrines, through which we reach the opinion of scholars on these issues .
Then, I mention their sayings, their evidence, the point of evidence, their objections, and their answers to some of the objections .
As for the arrangement of the sayings, I first mentioned the saying of Imam Al-Shafi’i (may God have mercy on him) and those who agreed with him with this saying among the jurists, then I mention the sayings of the jurists of the rest of the schools according .
As for the content of the research, it consists of the introduction, and two sections, the first section consists of four demands, in which I mentioned the definition of contract, finance, corruption and peace, and the second section consists of five demands in which the five issues related to peace were mentioned, then the conclusion, sources and references .
Search keywords, financial Contracts, Corrupt contracts

From Allah facilitation to his servants, he made the provisions of Islamic law not rigid or not subject to change and renewal, Rather, it is a variable characterized by flexibility and comprehensiveness, commensurate with every time and place, If some of the legal rulings are proven and not changed, because they are the foundations on which the branches of the legal rulings are based, then some of them change according to a specific situation or occasion to which the ruling is linked, for each changing ruling there is an appropriate one, based on the evidence of the original Islamic law from the Holy Qur’an and the Sunnah of the Prophet then other secondary sources. I divided my research into two sections, and I reached in their content, the legitimacy of changing the mandated legal rulings from the delegate to the obligatory according to the occasion for which it was prescribed in accordance with the legal evidence. The sick person who finds it difficult to get up to perform the prayer is advised to exert effort to reach the commanded If the excuse is removed when praying, It is obligatory to stand up and perform the remaining pillars of the prayer ,this confirms the flexibility of legal rulings in our religion, It is obligatory as much as possible, And Allah Almighty has prescribed prayer and fasting for us voluntary, When it is initiated, its rule changes from a delegated command to a mandatory one, That is, it is obligatory to complete it, and it is not permissible to interrupt prayer or fasting except with a legitimate excuse. With the Quranic evidence and the Sunnah of the Prophet or the evidence mentioned by the jurists. for importance of research and the accuracy of issues related to this topic Which requires a statement of the opinions of the jurists and their evidence, and after reviewing this topic, I did not find a treatise, a dissertation, or an author in the capacity of a book dealing with these issues that I intend to research except for some brief research. to be the search title The appropriateness in changing the mandated ruling from delegate to obligatory in prayer and fasting

This study relies on a jurisprudential methodology to substantiate the proposed legal texts as part of the draft amendments to the Iraqi Personal Status Law No. (188) of the year (1959). This is achieved by presenting the provisions of these amendments in light of the different schools of Islamic jurisprudence، examining their opinions، and assessing the suitability of the proposed legal amendments for individuals in society regarding their personal status.This study aims to achieve the following:
1. Resolve the debate regarding the legitimacy of these amendments by presenting them in light of the various Islamic jurisprudential schools، so that Muslims understand that these amendments، represented by the legal texts، are simply another expression of what has been transmitted from Muslim jurists.
2. Bridge the gap between the various Islamic jurisprudential schools of thought and condemn sectarian fanaticism by presenting the views of the jurists on each issue and highlighting those that align with the provisions established by the Iraqi legislation.
3. The study calls for moderation and balance، highlighting how the Iraqi legislator has considered the most important principles established in Islamic jurisprudence. The study’s methodology follows the approach of substantiation with evidence، as this is fundamental in solidifying concepts. Since the focus is on substantiating proposed legal texts for amending the Personal Status Law، it was necessary to adopt and follow this approach in all aspects of the research.The researcher has divided the study into three sections. The first section serves as an introduction، consisting of three key topics closely related to the subsequent sections.
The second section addresses the amendments related to marriage، divorce، and alimony، which are part of the 2016 draft amendments. It consists of six main demands.
The third section focuses on the 2021 amendments concerning custody issues، which include the most contentious topics، organized into four main demands.