Anbar University Journal of Islamic Sciences

The study aimed to clarify the concept of khula in Islamic jurisprudence, as well as in the laws of the Gulf Cooperation Council (GCC) countries. It examined the Islamic legal perspective and the role of the law in requiring the husband's consent to khula, as well as the discretionary power of the judge in khula cases. The study concluded that khula refers to the dissolution of the marriage between the couple in exchange for a compensation or consideration, provided by the wife or another party, through specific expressions indicating khula. It was found that the husband's consent is not necessary for khula if it becomes impossible for the wife to continue living with him due to his obstinacy, which causes harm to her. Additionally, the study concluded that a competent Muslim judge, who possesses the qualifications to evaluate and interpret the law, has the right to rule in favor of khula without the husband's consent, after thoroughly examining the case and determining that reconciliation between the spouses is impossible.

In this research entitled “The Literary Style of Muqābalah in Sūrah Al-Jāthiyah and Al-Ḥujurāt: An Objective study”, we studied the literary style of muqābalah and what is related thereof to ṭibāq in Sūrah Al-Jāthiyah and Al-Hujurāt, what it alludes to of semantics, and its role in elucidating meanings, and in the exegesis of āyāt. We adopted an analytical methodology to study the āyāt and its literary expresion, particulary that which is related to muqābalah and its impact on meaning and exegesis. This research has been structured into an introduction, a preface, and three sections. In the preface, the definition of muqābalah and its types have been discussed. As for the sections, the first section introduced the sūrahs Al-Jāthiyah and Al-Hujurāt, the second section is entitled “Muqābalah in Sūrah Al-Jāthiyah and its Correlation with the Meanings and Exegesis of the Ᾱyāt”, and the third section is entitled “Muqābalah in Sūrah Al-Ḥujurāt and its Correlation with the Meanings and Exegesis of the Ᾱyāt”. Then, the most important findings and recommendations are presented in the conclusion. Among the most important findings of this research is that muqābalah in the Qur’ān has a myriad of semantics - including strengthening a meaning and emphasising it, alluding to comprehensiveness and generality -, ṭibāq is also present in the Noble Qur’ān to allude to emphasis, generality, and comprehensiveness, and the use of ṭibāq and muqābalah is greater in Sūrah Al-Jāthiyah compared to Sūrah Al-Ḥujurāt.

This study aims to highlight Imam al-Bukhārī’s methodology in his book Al-Tārīkh al-Kabīr in dealing with the biographical entries of the Companions of the Prophet (ﷺ). It focuses on identifying the elements included in each biography and the extent of variation among them in terms of content.
The study adopts a descriptive approach in order to arrive at objective and scholarly conclusions.
Among the findings of the research is that Imam al-Bukhārī included a variety of detailed elements in the biographies of the Companions. The essential elements can be summarized as follows:
• Mentioning the Companion’s name along with his father’s name (and ancestors, if applicable), his kunyah (agnomen), even if multiple, and who gave him that kunyah.
• Stating the Companion’s lineage, whether by blood or alliance, and the town he is associated with—either by birth or residence.
• Imam al-Bukhārī often notes the year of death or birth, as well as the place of either, reflecting the importance of these chronological details in verifying companionship.
• Including a hadith in some biographies in which the Companion is either part of the chain of narration or mentioned in the text itself, to affirm his companionship—sometimes for other purposes as well.
• 5. In certain cases, the biography is limited to just the Companion’s name and his father’s name.

This research is a purposeful scientific study that deals with how imams and great scholars deal with the hadiths reported by the Companions regarding acting according to opinion in the field of deducing Sharia rulings. The books of narrations and reports have recorded a large group of narrations, some of which justify the action of opinion, and some of which invalidate it. This study comes to review the efforts of scholars to reconcile these effects, and to reject the apparent contradiction that is seen in them. The study addressed this issue through three chapters: The first chapter deals with explaining the meanings of opinion in the terminology of jurists. The second chapter deals with the effects that permit acting according to opinion. While the third chapter deals with the effects that disparage the opinion, The study showed that the supporters of the school of opinion preceded others in searching for reconciliation between these conflicting effects. It also showed that there are many ways in which the effects that disparage opinion and invalidate action are carried out, all of which are legitimate.

This paper discusses the validity of the inference from the verse: (And thus we have made you a middle nation) (2: 143) to justify the concept of moderation. It discusses the validity of such understanding and the legitimacy of the concept. The researcher utilized both the inductive and the deductive method; in order to show the extent of the validity of the inference from the verse on the concept of moderation; and the extent of the validity of the inference. I adopted the method of collecting the different opinions of the commentators of Quran, both old and contemporary, and then stating the most likely correct opinion. The paper reached the following important results: the weakness of the evidence used by some to deduce from the verse the legitimacy of the moderation and the moderate approach; and that the realization of justice and goodness is what is meant by this verse. The paper demonstrates that what supports this is the linguistic usage of the word, as well as the explanation of the verse by the Messenger, peace be upon him, as well as the interpretation of the companions and many commentators. The paper utilized a principle in the exegesis of Quran is that the exegesis should be confined to the meaning contained in the Qur’an and Sunnah and what was transmitted from the Companions and mentioned by the commentators, and not go beyond that; so that Islam is not harmed by manipulating the Qur’anic terminology by interpreting the text in a way other than it is intended to give. Gathering large number of quotes to give validity to an opinion is not the right approach.

The relationship of subordination in Islamic jurisprudence is a manifest and far-reaching in all its aspects and fields.
In order to regulate this relationship and guide it in a way that aligns with the intent of the Lawgiver and safeguards the interests of the legally responsible individuals, our jurists have established a set of foundational and regulatory general principles that are in harmony with this purpose.
This research attempts to encompass most of the rules our jurists have mentioned in this field, with an explanation, a discussion of their foundations, and specific applications to aid in a proper understanding and high-quality derivation of rulings from them.
To achieve this objective, the study relied on an inductive-analytical methodology, organizing the research material into four main sections:
The first section discusses the definition of juristic subordination and its classifications.
The second section includes a set of foundational rules upon which subordination is established.
The third section outlines a set of regulatory rules that control and refine its application.
The fourth section presents a set of exceptional rules that serve as exceptions to its implications.
The study reached several conclusions, the most significant of which is that the subordination between the subordinate and the principal is a relative relationship. One of its most important distinguishing features is its susceptibility to change and alteration. This relationship is subject to the principle of considering the outcomes of actions and governed by the consequences of behaviors. This means that the rulings derived from such subordination are not uniform but rather vary in accordance with their respective contexts and outcomes.

This research addresses the topic of intellectual property rights for electronic software from the perspective of Islamic jurisprudence, seeking to analyze the opinions of contemporary scholars and Islamic jurisprudential institutions regarding this modern issue.
The study aims to elucidate the Islamic legal ruling on the protection of electronic software and computer applications, while examining scholars' perspectives on matters of copying, piracy, and unauthorized use of software programs. The research presents the Islamic legal evidence upon which jurists have based their rulings, and the challenges facing the implementation of these rulings in contemporary reality, with emphasis on balancing creators' rights with public interest.
The significance of this topic lies in its treatment of an important contemporary issue, as the Islamic community deals daily with electronic programs and applications, necessitating knowledge of the Islamic legal ruling for proper engagement with them.
The research reveals the extent of compatibility between intellectual property rights systems in positive law with Islamic Sharia, and demonstrates the challenges facing jurists in formulating rulings that harmonize with those positive laws while not contradicting established Islamic legal texts. The study presents a comprehensive and unified perspective on the subject, avoiding repetition and selecting the most comprehensive, accurate, and objective opinions that align with our contemporary reality.

This research presents a contemporary Sharia-based evaluation of the use of Artificial Intelligence (AI) in Islamic marriage contracts. It begins by outlining the conceptual foundations of AI and Islamic legal reasoning (ijtihād), then examines the potential impact of AI on key jurisprudential concepts such as legal capacity (ahliyyah), responsibility, and liability in contracts. The study explores how AI can assist in facilitating marriage procedures—through automation, data analysis, and fatwa recommendations—without replacing the human element essential in Islamic legal contracts. It concludes that while AI can enhance efficiency and organization, it must remain within the framework of Sharia guidelines and must not replace the core human roles of consent, intention, and responsibility. The research provides a set of clear Sharia-based conditions and practical recommendations to regulate AI applications in this sensitive area, calling for a collective ijtihād to harmonize Islamic law with emerging technologies.

This jurisprudential study addresses the issue of a wife's control over her salary according to Islamic law. Through a foundational analysis of scholars' evidences and rules related to the woman’s independent financial responsibility, it establishes that a mature woman has full legal right to own and manage her money, including her salary, without needing her husband's permission. The husband remains solely responsible for financial support. The study also explores contemporary issues such as the husband’s demands to control his wife’s salary and her management without his knowledge, balancing individual rights with the objectives of Sharia in preserving family harmony. The research concludes by emphasizing the need to raise jurisprudential awareness regarding financial relations within the family, applying the principle of “no harm and no reciprocating harm” in financial dealings, and calls for contemporary juristic efforts to issue rulings that consider the current economic and social realities.

Imam Muhammad ibn al-Hasan ibn Fwrk al-Ansari (406 AH) is one of the interpreters who devoted their most precious and valuable efforts and were honored to interpret the Holy Quran. His interpretation was somewhat different from the rest of the interpreters، as he raised some questions about the verses of the Holy Quran، and then after those questions he mentioned the answers to them. Some interpreters agreed with his answers، and the opposite might have been the case، as he might have been unique in some of them. This is what prompted me to conduct a comparative study of these answers، where I cited the verses، then I mentioned the answers of Imam ibn Fawrk، and after that I mentioned those who agreed with him and those who disagreed with him، and I explained the most correct of them that most interpreters relied on in their interpretations

Usul al-Fiqh is a vast and fundamental discipline, and novice researchers cannot delve into its depths without patience, rigorous analysis, and continuous engagement with the writings of earlier scholars. Within this framework, I have chosen to study the similarities and differences between the terms al-Mutlaq (the absolute) and al-‘Amm (the general), given their significant impact across all branches of Fiqh. This study serves as an entry point into Usul al-Fiqh through the examination of these key concepts. I have adopted a comparative usuli approach, aiming to establish a methodological foundation upon which the derivation of legal rulings from their authentic sources can be based.
The research is divided into three sections. The first section comprises two subsections: the first defines al-Mutlaq and al-‘Amm from both linguistic and technical perspectives, while the second addresses related terms. The second section presents the categories of each concept along with their corresponding legal rulings. The third and final section is divided into two subsections: the first outlines the points of similarity between al-Mutlaq and al-‘Amm, and the second discusses their points of divergence.

This study explores the impact of prophetic education in addressing the phenomenon of intellectual and doctrinal extremism, highlighting the Prophet Muhammad’s (peace be upon him) methodology in establishing the values of moderation and intellectual balance. The research examines the definition and causes of extremism and sheds light on the educational foundations employed by the Prophet to strengthen correct beliefs and rectify misconceptions. It also discusses the tools of prophetic education, such as teaching, direct guidance, and exemplary role modeling, in safeguarding individuals and communities against intellectual and doctrinal radicalism. The study aims to emphasize the significance of prophetic education as both a preventive and remedial approach to contemporary intellectual and doctrinal challenges.

Praise be to God، Lord of the Worlds، and may blessings and peace be upon His loyal Messenger Muhammad، as well as all his family and associates، about what follows: Imam Abu Hanifa al-Numan bin Thabit، may God have pity on him، is credited with establishing the Hanafi school of thought، which is one of the earliest in Islam. Many works have been produced regarding the philosophy، notably "Al-Ikhtiyar li-Talil al-Mukhtar" by Mosul's Hanafi Imam، Abdullah bin Mahmoud bin Mawdud. It comprises several provisions governing financial transactions. As a result، I chose to do "a study of the consensus or agreement reported on the issues of speculation and deposits in the book Al-Ikhtiyar for Al-Mukhtar's explanation by Al-Mawsili." The research is structured into three sections: introduction، two sections، and conclusion. In the introduction، I discussed the relevance of the issue and the study strategy. In the first segment، I discussed the life of Imam Abdullah bin Mahmoud al-Mawsili، may God have compassion on him، and split it into four categories. In the second portion، I discussed modern concerns from Imam Al-Mawsili's book (Al-Ikhtiyar li'lil Al-Mukhtar). May God have compassion on him. Then I discussed the most crucial conclusions I obtained.

This research seeks to study the linguistic questions that the author poses to himself, and then answers them to alert them or to respond to them or to suspense them or others. This research includes the tagged: (Linguistic Questions by the One Imam (T: 468 AH) in his simple explanation of the proof and the projection of the letter, and he answers them). The first research was devoted to briefly familiarizing itself with the personal and scientific life of Imam Wahidi. The second research was devoted to applied study. I gathered the questions of Imam Wahidi about the proof and projection of the letter and answered them in his (simple) interpretation. I mentioned the words of the grammatical and explanations they answered on the subject of the question.
The study showed that Imam Wahidi had given those linguistic questions great attention and was careful in presenting and answering those questions.
The study also showed that Imam Wahidi did not distort in his answers what the public said. Sometimes he is unique to those linguistic questions and is the first to raise them. The linguistic detectives' Because he is an imam of the language and he is artistic in this sea and has dived into it and greatly increased it.

The study dealt with Imam Fadl Allah bin Hassan Al-Torbashti: The first section dedicated to the study of the Imam in terms of his birth, name, proportion, upbringing, nickname and doctrine of jurisprudence has clarified the statements of scientists in his doctrine and showed the most correct of them, where it appeared that Hanafi doctrine through the evidence reported in the folds of the research, the study has shown through the books of translations; Science. Second: The second section included the study of jurisprudential issues selected from (facilitator in explaining the lamps of the year) of Imam Torbashti (may God have mercy on him) and specifically from the book of purity and I chose them (etiquette of the open) by studying the issues of a comparative jurisprudence study between the four schools of thought, and I have exceeded these doctrines in the event that the research requires it with the mention of the evidence of each saying, then the statement of the most correct of the sayings, and followed the study with the conclusion and the most important results of the research, and sources and references.

The research focuses on the conditions of obligation in Hajj. It begins by examining the general conditions of obligation in Hajj. Then، it addresses the condition of Islam as a prerequisite for Hajj، analyzing the topic through a comparative jurisprudential study. The research includes the evidence for each opinion، followed by an assessment of the most likely correct view. The study concludes with a summary of the main findings، as well as the sources and references used.

Since it is the basis of Islamic sciences, the source of origins, the way to know Allay the Almighty, and the first responsibility of a servant, the science of faith is one of the most significant sciences that a Muslim should be aware of and eager to learn. If we examine the prophets' missions, we will discover that the worship of Allay the Almighty alone was the first thing that each messenger or prophet advocated. Because of the significance of these issues and the risks they pose to individuals and society as a whole, Islamic scholars—both ancient and contemporary—have taken care to teach and educate about the beginnings of faith.
"Issues of Prophethood in Abu Ya'la al-Baghdadi: A Comparative Study" is the topic of this study. The topic of prophets and messengers in the Holy Quran was covered in this study, along with the most significant points the text made, the necessity of believing in the prophets and messengers, peace and blessings be upon them, and their role. The chapter of prophethood that Imam Abu Ya'la al-Baghdadi, may Allay the Almighty have pity on him, addressed in relation to sending messengers, Muhammad's prophetic status, peace and blessings be upon him, and the messenger-sending ruling were then discussed. This study clarified the dominant viewpoint on the contentious subject and presented Imam Abu Ya'la al-Baghdadi's remark on the matter together with the supporting evidence

This research aims to study some of the questions raised by Imam Al-Wahidi in Surah Al-Hijr, focusing on two specific issues. The study, titled “The Interpretive Questions Presented by Imam Al-Wahidi (d. 468 AH) in His Tafsir Al-Basit and Their Answers: Surah Al-Hijr as a Model,” is divided into three sections. The first section is dedicated to introducing Imam Al-Wahidi and his scholarly contributions. The second section focuses on an applied study, where several questions from Surah Al-Hijr are analyzed.

The research revolves around the opinion of Imam Suleiman bin Harb (may God be pleased with him) in an important area in Islamic law in general and it is almost devoid of it, and it is an important chapter of jurisprudence, which is purity. The imam spoke about various issues in it, all of which a Muslim needs in his daily life. We began the research. By explaining the biography of Imam Suleiman bin Harb (may God be pleased with him), then he mentioned Imam Suleiman’s opinion by studying three issues The first: the ruling on ablution after removing the socks, the second: continuity in ablution, and the third: the difference in who said that the ears are from the head, by studying the research a comparative jurisprudential study, mentioning the evidence for each statement and explaining the most correct one, then the conclusion and an explanation of the research results that I reached, and the sources and references.

n light of the spread of forward sales in the transactions of sellers and buyers, it has become natural to clarify cases of postponement of the price or the appraiser in accordance with what is approved by Islamic Sharia, taking into account the controls, restrictions and guarantees for the payment of each of them. On the other hand, Islam prohibits postponing the price and the appraiser together in sales contracts. Because the sale will be emptied and stripped of the wisdom of its legislation and its benefits in achieving profit for the seller and obtaining the benefit of the good or service for the buyer. This matter undoubtedly demonstrates how time has a value in Islam that is viewed and cared about to be part of the economic and living activity of the Muslim individual. In this context, the Islamic economic doctrine left the option to the two parties to freely postpone the price or the appraiser and the date of payment or delivery (without falling into the forbidden, which is postponing the price and the appraiser together), which requires reaching the stage of appropriate time for the exchange, taking into account payment guarantees, which means efficiency and smooth trading, speed and sustainability. Exchange represents the freedom of supply and demand and the flexibility and effectiveness of each, as well as providing comfort, reassurance, and strengthening social relations.