Journal of Jurisprudence Faculty

Orientational ethics are of paramount importance in the context of public discourse, and especially ethical discourse, due to their influence on shaping public opinion or personal opinion, and on the value-based concepts that are intended to be accepted among people in a given society. Therefore, the orientational school of thought has focused on this method of transmitting ethics, taking into account what is acceptable or unacceptable in this orientation based on truthfulness and sincerity in conveying the ethical discourse, so that it may influence individual or collective behavior. Here, it becomes clear that orientation requires a conscious strategy for determining what is acceptable in the public consciousness of individuals, and for understanding personal impressions of the orientation statements, regardless of whether they are legal, ethical, educational, or religious in nature. This necessitates, firstly, behavioral consistency between words and deeds, secondly, improving the means of conveying the discourse, and thirdly, carefully selecting the social sample to which the ethical discourse and its content are directed.

This research examines the problems of the Imami hadith tradition and their impact on the formation of the critical methodology within the Imami school. It aims to study the most prominent challenges that Imami hadith faced during its transmission, dissemination, and methods of transmission, such as the phenomenon of fabrication, the insertion of narrations into the books of the Imams' companions, textual corruption and distortion, transmission by meaning, and the omission of a chain of narrators (isnad). The research seeks to demonstrate that these problems were not marginal phenomena, but rather contributed directly to the development of critical awareness among Imami scholars. This led to the development of scientific tools for verifying narrations, such as the science of hadith transmitters (rijal), criticism of the chain of narrators and the text, and the rules of preference and conflict. The research concludes that the Imami critical methodology arose in response to these historical problems, with the aim of preserving the hadith tradition and distinguishing the authentic from the fabricated.

This research examines the concept of confusion in the science of Hadith, both linguistically and terminologically. It explores its semantic development in dictionaries of language and biographical dictionaries, and its direct impact on evaluating narrators and judging the acceptability or rejection of narrations. The research begins by tracing the linguistic origin of the root word (khalṭ) and its associated meanings of mixing, confusion, and impaired discernment. It then moves to explaining the Hadith terminology of confusion among scholars of the Ahl al-Hadith and the Imamiyyah schools, highlighting the methodological differences in defining its concept and its critical implications.

The research emphasizes the importance of studying confusion as a precise science linked to the condition of accuracy. It clarifies the necessity of distinguishing between a narrator's narrations before and after confusion, given its practical impact on classifying and grading Hadith. The research then addressed the causes of confusion, such as advanced age, psychological trauma, physical and mental illnesses, and doctrinal instability. It illustrated this with the statements of scholars and the circumstances of narrators described as confused. The research concluded that confusion is a complex phenomenon affecting the narrator, the narrated material, or the doctrinal content. It necessitates careful handling to safeguard the hadith text from error and distortion, because the term "confused" in biographical dictionaries does not always carry a single meaning. Rather, it is understood according to the context and supporting evidence. It may refer to a corruption of belief, a narration being unreliable, or a confusion of books or chains of transmission. This requires methodological caution when using it as evidence.

This research highlights the vital role of rhetoric in understanding the profound meanings of the Holy Quran. It demonstrates that the science of rhetoric, encompassing the disciplines of eloquence, semantics, and figures of speech, contributes to developing students' ability to analyze Quranic texts and grasp their subtle nuances.

The study employed a descriptive-analytical approach, incorporating fieldwork to measure the impact of rhetoric lectures on enhancing students' critical thinking skills. The results showed a marked improvement in students' ability to understand rhetorical devices, connect them to the Quranic context, and extract educational and faith-based meanings from the verses.

The research also underscores the importance of utilizing modern teaching methods in rhetoric instruction, such as discussion and practical application, rather than relying solely on theory, as this approach reinforces understanding and deepens critical thinking. It suggests that the weakness in critical thinking skills among some students stems from shortcomings in the traditional teaching of rhetoric. The research concludes that it is necessary to develop rhetoric curricula in universities and directly link them to the Quranic text, thereby enhancing students' linguistic and religious awareness and contributing to preparing a generation capable of understanding the Holy Quran with conscious and thoughtful reflection.

This study examines the transformations of poetic imagery and its semantic functions in Andalusian elegiac discourse through an analytical approach that views imagery as a mechanism for meaning production and an active element in discourse construction, rather than a merely decorative rhetorical device. The research is grounded in a central question concerning how elegiac imagery shifted from traditional patterns based on simile and direct description to complex images with symbolic, historical, and psychological dimensions, and how this shift affected its semantic functions. The study adopts a descriptive-analytical methodology, employing rhetorical and semantic tools to analyze selected examples of self-elegy, city elegy, and the use of nature in Andalusian poetry. The findings demonstrate that poetic imagery in Andalusian elegy is no longer confined to expressing individual grief, but has evolved into a means of historicizing loss, constructing collective memory, and interrogating political and social realities, in addition to facilitating psychological catharsis for both poet and reader. The study also shows that this transformation contributed to the reconfiguration of Andalusian cultural identity within the poetic text, rendering elegy a composite discourse in which aesthetic, cognitive, and historiographical functions intersect. The study concludes that poetic imagery constitutes a key analytical entry point for understanding the dynamics of Andalusian elegy and its semantic transformations.

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This research analyzes the policies of segregation under the Nazi regime and compares them to the practices of the Israeli occupation against Palestinians, particularly in the Gaza Strip. The research begins with the concept of segregation as a political and legal structure aimed at reshaping targeted groups, not merely separating them physically. It reviews the stages of Nazi segregation: from discriminatory laws (the Nuremberg Laws) to ghettos and finally to the control of resources and labor. It demonstrates that these tools constituted a comprehensive logic for managing the population and reducing them to a state of "bare existence." In a comparative context, the research discusses how this same logic is reproduced in Zionist policies through the siege, the separation wall, resource control, and the deliberate creation of unemployment and despair as political practices. Drawing on studies by Bauman, Foucault, Mbembe, and Pappe, the research reveals that segregation is not a historical event but a recurring pattern. He concludes that Gaza today represents a besieged space reflecting modern forms of bio-political control that transform resources, time, and movement into instruments of domination.

This research examines the nature of the relationship between the Buyid and Fatimid states during the fourth and fifth centuries AH, a topic that, to the best of our knowledge, has not received independent study in historical research.

It begins with a central question: whether actual relations existed between the two states, and if so, what their nature was—whether religious, political, economic, or social. It also explores whether these relations were direct or indirect, overt or covert, stable or fluctuating. Furthermore, it analyzes the factors that contributed to the emergence of these relations or led to their rupture, highlighting the influence of the shared religious structure between the two states, particularly their convergence on Shi'a identity, in shaping the frameworks of cooperation or rivalry between them.

The study employs a historical inquiry methodology and comparative analysis, tracing events, analyzing texts and scattered historical references in primary sources, and examining the influential political figures who shaped the course of these relations. Some preliminary findings indicate that relations between the two states were limited and intermittent, governed by the balance of power in overlapping spheres of influence and the convergence of their interests. Certain manifestations of religious openness—which we will examine later—particularly in their political dimension, emerged during periods of strength, while other periods were characterized by tension or hostility, especially with the Fatimids' religious and political expansion in Iraq. The research also reveals a clear economic influence on the relationship between the two states, with a near-complete absence of social ties.

The research concludes that Buyid-Fatimid relations were selective and pragmatic, characterized at times by ambiguity and at others by an overlap between religious and political considerations. These relations represent a telling model of the mechanisms of power and alliances in the Islamic world during that period.

This research examines the development of the military conscription system in Iraq from 1831 to 1917, a period marked by fundamental transformations in the structure of the Ottoman military establishment and in the relationship between the state and the local population. It begins by tracing the origins of the conscription system in the Ottoman Empire and its connection to military reform attempts since the reign of Sultan Mahmud II and the Tanzimat era. The research then moves to an analysis of the administrative and military situation in Iraq as an Ottoman province undergoing continuous administrative and military restructuring. It presents the mechanisms of conscription in Iraq, the problems the government faced in implementing it, particularly popular resistance, and the nature of the economic and social system that made military service a heavy burden on the population. The research also addresses the efforts of the governors, especially Midhat Pasha, to support conscription through the establishment of military schools and factories and the development of the army's organizational structures. Finally, it analyzes the major challenges facing the Ottoman state in Iraq, including the weakness of the military infrastructure, inadequate equipment for the forces, draft evasion, and the impact of World War I in exacerbating these challenges. The research concludes that the conscription system in Iraq was only partially successful and fell far short of its objectives due to the complexities of the social, economic, and political environment of Ottoman Iraq.

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The investigation into the probative authority (ḥujjiyyah) of verbal indications (al-ẓawāhir al-lafẓiyyah) in Sharʿī texts, and the extent to which such authority encompasses those who were not directly addressed, constitutes one of the most profound discussions in uṣūl al-fiqh, as it is intimately connected with the very core of juristic inference (istinbāṭ). Upon this issue hinges the determination of whether it is legitimate to rely upon narrations that were issued within particular contexts—such as an Imām’s (peace be upon him) response to the question of a specific inquirer.
Uṣūlī scholars have differed on this matter between those who restrict probative authority to the individual intended to be addressed and made to understand, and those who affirm its general applicability on the basis of the sufficiency of customary (ʿurfī) appearance. The former deny and reject the principle of the commonality of address (ishtirāk al-khiṭāb), whereas the latter affirm it. Accordingly, a rigorous inquiry into this issue opens new horizons for understanding the manner in which verbal appearance is constituted and established.
In this light, the present study undertakes a detailed foundational examination of this principle through an analytical treatment of the juristic and uṣūlī approaches, a critical discussion of their evidences, and an evaluation of their soundness in light of established Sharʿī premises. Consequently, this research addresses the probative authority of verbal appearances with respect to those not intended to be directly addressed, investigates the realization of appearance in the narrations transmitted from the Imāms (peace be upon them), and examines the principle of the presumption of the absence of a contextual qualifier (aṣālat ʿadam al-qarīnah) and its impact on determining the scope of the Sharʿī discourse.

This research examines the general principles of the Islamic political system through a comparative study of the Holy Qur\'an and Nahj al-Balagha, aiming to highlight the intellectual and practical foundations of governance in Islam. The research focuses on analyzing the relationship between the ruler and the ruled, and clarifying the place of justice and equality in Islamic political thought.

The first section is dedicated to studying the pillars of governance. The first subsection addresses the Holy Qur\'an\'s stance on the ruler, justice, and equality. The second subsection discusses justice in Nahj al-Balagha as an administrative and ethical approach. The second section addresses the constitutional foundations of political participation and citizenship rights in the Holy Qur\'an and Nahj al-Balagha.

The research concludes that the Islamic political system is based on an integrated system of values that makes justice the foundation of governance, consultation (shura) the mechanism for decision-making, and citizenship rights a legal obligation of the state.

This research establishes the complementary relationship between public awareness and governmental integrity as a cornerstone of sustainable civilizational development. It draws inspiration from the Holy Quran's overarching principles of justice and consultation, and from Nahj al-Balagha's practical methodology for administration and economics. The research highlights the role of education, financial integrity, and national unity in translating religious values into practical action plans that guarantee human dignity and unleash creative potential. It concludes that true progress is the product of a delicate balance that combines material well-being with moral excellence under the umbrella of mutual oversight.

Research Problem: The problem lies in the existing gap between theory and practice in the relationship between rulers and the ruled, and the ambiguity surrounding the understanding of mutual obligations, which has led to societal stagnation. Therefore, this research seeks to restore the ideal model from the two sacred texts to address this deficiency.

Research Methodology: The research employs a descriptive-analytical approach, examining Quranic verses and Nahj al-Balagha texts, followed by a comparative approach to deduce the points of integration between the comprehensive Quranic framework and its detailed, practical application. What the research achieved: The research succeeded in formulating an Islamic social contract that links spiritual values with developmental necessities, laying out a practical roadmap for achieving economic and social security through the activation of oversight and consultation.