Journal of Jurisprudence Faculty

The secret of the universe beauty which we live is the diversity of its existences, and the difference of its manifestations and images. If it were not so, there would be no distinction between one being and another, nor between the ability of one creature and another. Thus, the minds, abilities, tendencies, and morals of humans are. From this standpoint, the research attempts to identify the most important reasons for the differences between jurists’ dealing with the sources of Islamic law, and their differences in deriving legal rulings from them, and then establishing a vision that contributes to reducing the unacceptability of jurisprudential differences between Islamic schools of thought, in order to establishing its legitimacy. The brief study was organized into four sections, the first defined the purpose of the research title and what is related with it, and the second focused on the history of the jurisprudential differences emergence and their causes, and the third addressed the common reasons for the differences between jurists, while the fourth was devoted to the manners that the dissenter should be adorned with, then came the conclusion and results of the research.. And from God Almighty is success.

The most of the jurisprudential differences between the Islamic Schools causes are due to differences in the fundamental rules or in their minor applications.
As for the reasons for the difference between the Shia (imami) and the doctrines of the majority, another dimension is added to them, which is the doctrinal dimension. More precisely, their difference is in the issue of Imamate, Shia (imami) considered (the issue of Imamate) is a matter of belief and the function of the Imam is a continuation of the function of the Prophet. Hence, the concept of the Sunnah was expanded among them to include the sayings, actions, and approvals of the infallible, and the infallible among them is the Prophet or the Imam.
Hence, the reasons for the jurisprudential differences between the Shia (imami) and the majority can be attributed to three main reasons, the first of which is the doctrinal difference, which is the difference in the issue of the Imamate; it expanded the concept of the Sunnah among the Shia (imami), and this is what had a great impact on all the jurisprudential chapters.
The second: the difference in the fundamental rules and general foundations of deduction. This difference may be due to doctrinal reasons, as the Shia (imami) jurists rejected a number of fundamental rules that are important to the majority, based on the rejection of their imams (peace be upon them) of those rules.
Third: The difference in the extent to which the major premises (the fundamental rules) apply to the minor premises; after their agreement on the origin of the major premise. This reason includes all Islamic sects, and is not limited to the disagreement of the Shia (imami) with the sects of the majority. For example, the Shia (imami) jurists.

Warning, as a legal and jurisprudential rule, means giving a warning of a potential danger. Based on this rule, if a person informs others before facing a potential danger, but the addressee does not heed this warning and causes physical or financial harm due to his recklessness, then liability (civil and criminal) does not fall on the alerter. The legal foundations of ultimatum can be analyzed on the basis of the theory of negligence, risk, and guarantee of right.
behaviour. Based on the theory of guaranteeing the right with regard to warning, the right is sometimes guaranteed to the perpetrator of the harmful act and sometimes to the injured person; Because if the perpetrator of the harmful act provided the necessary warning but the affected person did not pay attention to it, the right is guaranteed because the perpetrator is not responsible. However, if the perpetrator of the harmful act did not provide warning before committing the act and his actions caused harm, the right is guaranteed if he places responsibility on the shoulders of the perpetrator of the harmful behavior. The role of warning in removing liability is analyzed from the perspective of jurisprudence based on the rule of first and foremost and this is in line with what is expected in the law.

The article deals with a topic that addresses the problem of the disagreement between the schools of jurisprudence regarding the new issues regarding stoning the Jamarat. The research emphasized the clarification of some important premises through which it is noted that most of those who fell into a state of confusion were as a result of not noticing these premises. Then the research delved into a detailed statement of the issue. By presenting the opinions and sayings of scholars of jurisprudential schools of thought and their evidence, along with analyzing them jurisprudentially using the method of jurisprudential reasoning, and concluding the research with a statement of the correct opinion.
The research contains three sections: The first section dealt with an explanation of some preliminary demands, the second section dealt with an explanation of the reality of the Jamarat, and the last section dealt with the opinions and sayings of the scholars of the jurisprudential schools of thought, and it contains two topics: the first: the opinions and sayings of the Imami jurists, and the second: the opinions and sayings of the jurists of the other schools of jurisprudence.
Thus, our research has corrected the path followed and guided specialists to the paths of guidance, from which we derive help and success.

This research sheds light on the secret behind the difference in divine laws, which includes taking into account human nature in its stages of development and degrees of readiness, which made these laws flexible and suitable for the acceptance and satisfaction of nations and compatible with the time that accompanied that nation. God Almighty said: For each of you We have made a law and from it came (1 Sharia law in language is the path to water, and it has been translated as the path to truth and taking rulings from their original source, because it revives souls just as water loves bodies, and among the rulings in the difference of laws is also trial and test, which is one of the divine rulings of creation and legislation, and God Almighty is to test. His servants with what He willed, and how He willed, and for how long
He wanted.
The research also deals with the sublime status of Islamic law, with which God Almighty sealed the divine laws and heavenly messages, a perfect religion preserved until the Day of Judgment, because of its distinct characteristics, and what is good for His servants, and that it is
Alhakim, so his complete message made no sense in sending a messenger after the last of the messengers, Muhammad. There is something in it that requires its permanence and continuity, and Islam came to complement previous religions and complement previous laws, according to the principle of unity of source and common goal despite the multiplicity of Laws and differences in curricula.

Women in Islam have reached a high status that no previous religion has reached or that no subsequent nation has achieved. Any objective researcher who is free from dependence on any trend must realize through comparison between what women were like in the pre-Islamic era and the status that Islam has provided for them through the Holy Quran; from burying females alive, and pessimism about females, to captivity, depriving them of dowries and inheritance, and not limiting the number of wives; in the pre-Islamic era, but in Islam, their status has changed radically, and they have become treated in the same position as men in many matters. However, there is criticism from Christian priests of some Islamic legislations towards women, as they see that Islam has deprived women of their rights in marital treatment, divorce, testimony, and inheritance. The research will discuss these issues and respond to them. It is divided into three sections: The first: The Christian thought’s error in the ruling on divorce in Islamic law, the second section: The Christian view of the ruling on (tahlil) after the major separation, and the third section: The Christian view of the ruling on polygamy in Islamic law. Keywords: Women in Islam, Christian thought, legislation, women’s rights, criticism of legislation.

The study aims to clarify the relationship between the science of classes, which Muslims have been interested in writing about and researching its details since the early days of writing in the sciences of hadith, and the detection of forgery, which is one of the defects that affect the chain of transmission in the noble narrations, which undermines them and may lead to their rejection.
This relationship is based initially on a set of points mentioned in the science of classes as basic points that define it, and at the same time it relates to clarifying forgery in its various types, and it means: the date of birth of the narrators, the date of their death, their places of residence and travel, their sheikhs and students who narrated from them... and other things.
It may be said that the science of classes is important in revealing transmission, especially hidden transmission, and not forgery, but what we found is that knowledge of classes determines many cases of forgery that can be found in the chains of transmission of authentic hadith.
Accordingly, the research aims to clarify the relationship between the science of classes on the one hand, and the science of causes with regard to forgery in narrations on the other hand, and then extract the result from that connection by clarifying the effect of the class in revealing forgery in its various types. Keywords: the science of classes, detection, forgery, narrators, forged hadith.

The Holy Qur’an highlights the dialogues of the prophets with their people in clear ways and states that those dialogues were aimed at the reform of peoples and nations. All the prophets and messengers had one goal: extricating their people from disbelief, misguidance، and idol worship. That goal would have been achieved via dialogues that aimed to encourage people to worship of the One, Only Creator. God Almighty chose Mohammed (PBUH) as a trustworthy messenger and a distinct teacher. He chose for him the right religion, guided him in his book to a straight path, and selected him a Prophet for all human beings. He made the Mohammed’s prophetic Sharia the final, so the prophecies ended with Him (Mohammed). In this regard, God Almighty says: (Mohammed was not the father of any of your men, but he is the Messenger of God and the Final of the Prophets, and God is All-Knowing).
In this study, the research will study the methods of the Prophet Mohammed (PBUH)’s dialogue with his people according to the following plan: The first topic: The methods of the Prophet Mohammed (PBUH)’s dialogue with his people. The second topic: How the nation had inversed after the (death of) the Prophet Mohammed (PBUH).

Critical studies have focused on deviation as a distinctive phenomenon of style, requiring researchers to study and uncover its structural implications. Almost no creative work can achieve its full potential without a rich measure of deviation within the text. The attempt of the creator to penetrate the familiar language and conventional methods to achieve aesthetic impact distinguishes the level of creative discourse from its other levels (the ordinary level) confined to the function of communication. In order to reveal the characteristics of the poetic text and its unique creativity, the study has taken the phenomenon of deviation to shed light on the collection of Al-Ha\'iri in Babi (eulogies and elegies of the Prophet\'s family) for its literary arts and its spiritual and doctrinal connection. The study employed a descriptive analytical approach in addressing the study\'s axes, including an overview of the poet\'s life, defining the concept of deviation and its related forms in structure such as introduction, postponement, digression, and omission, or those related to figurative and semantic language through similes and metaphors. Al-Ha\'iri employed deviations to alert the recipient and engage them in interpreting the text, ensuring interaction and involvement in creating multiple readings by prompting interpretation to achieve harmony among the deviating elements. The poet\'s unique ability is evident in his sincere portrayal of imaginative images, adding detail and complexity that enriches them, carrying his personal experience despite their close association with and inspiration from his literary heritage.

The Qur’anic discourse is the greatest discourse addressed to all people from God، blessed be His Names. The reason for the greatness of this discourse comes from it being a miracle of our noble Messenger (may God bless him and his family and grant them peace) in which he challenged all Arabs to produce a single verse like it، but they were never able to do so. This miraculous discourse contained hidden purposes that we necessitate through the context of its blessed verses.
Among these purposes are the purposes of the performative and directive speech acts mentioned in the context of the verses of power in the Qur’anic discourse. The researcher set out to study them in a pragmatic study according to the theory of speech acts, taking the second type of speech acts, which is (directive)، as a way to do so. The researcher began by defining the terms of the title and then moving on to study applied models of verses of power in the Qur’anic discourse according to the directive speech acts and clarifying the purposes of these directives, whether they are commands, prohibitions or questions. The researcher adopted the analytical approach as a way to do this by using books of pragmatic theories and books of interpretations.

The Idea of the research was to investigate alliteration and Its types and to apply It to poetic texts from the poetry of Ibn al-Arandas al-Hilli, as we see him using more than one type of alliteration to make the reader feel the similarity between the words and draw him towards the text. He also uses pairings between types of alliteration, and this pairing leads to the verse being filled. With harmonious musical charges that increase his joy, In addition to the reality of amazement caused by the difference in the meaning of these words, and this greatly demonstrates the poet’s ability to harness rhetorical methods In a great aesthetic and artistic way.