Journal of Jurisprudence Faculty

After the development of modern medical studies and the qualitative scientific leap they witnessed brought about by the specialized scientific centers،it has been imposed as a reality that there must be an opinion from a religious point of view،determining the appropriate rulings for it in accordance with the Sharia principles and controls،and organizing the experiments and scientific outcomes resulting from these studies with disciplined rulings stemming from Of interests And rational and legal capabilities،and the importance of knowing the legal ruling varies from one medical product and practice to another insofar as it relates to humans and the benefits and harms that these medical practices and works cause.
Making changes to the sex of the fetus and its origin is one of the most important medical practices whose legal ruling must be known because of the risks that this may entail to the life of the fetus or the life of its mother،and the disruption it may cause in the system of human society،and preserving all of that is one of the priorities of sacred law.
This research comes to examine this type of study،whether it is in conducting its first experiments in the field of embryos and before the formation of the fetus،and the harms that result from its failure،or assuming its success and achievement،and seeking to work on it on a broader scale among societies،and all of these matters must It must be in accordance with legal and rational methods and regulated by jurisprudential provisions Clear and precise.

The research deals with an explanation of the concept of zakat in language and terminology, then the approved evidence regarding the obligation of zakat on both currencies and the conditions considered in attaching zakat to the two currencies, then the statements regarding the ruling on attaching zakat to paper currencies with the sayings of the jurists, and what the research concludes is that zakat is not attached to paper currencies except according to the statement of general jurisdiction. For the jurist.

The modernist reading of the Koranic text is a reading that proceeds according to the mechanisms of Western thought, So the verses of the Hudud (punishments) were judged to fit that time and cannot be accepted that they fit this time, and as a result they refused to act on their content, and considered it to represent cruelty and a waste of human dignity. All of which arose from their being influenced by the modernity that had taken place in Europe, leading the Arab modernists to interpret the verses of the Koran with preconceptions they dropped on the Koranic verses, so that they considered that mere adultery, as it leads to the adulterer being punished with 100 lashes, They did not differentiate between the adulterer committing a forbidden act and punishing the adulterer with 100 lashes, The adulterer deserves to be punished with 100 lashes if the adultery occurred in front of a number of religious men who are committed to Islamic law. However, if the adultery occurred secretly so that people cannot see it, the adulterer will not be punished with 100 lashes, but he has committed the forbidden act. Likewise, there is no punishment for the adulterer with 100 strokes if people see him committing adultery, but these people were not religious and did not adhere to the law of Islam. All these details will be shown in this research. It also shows that the modernists did not understand the verse about adultery correctly.

At the beginning of the 19th century، jurists focused on establishing absolute justice by unifying the criminalization of crimes and punishments، defining punishment as a consequence of "criminal behavior or action" only. One of the conditions of this approach was to disregard factors such as the criminal's personality، record، or circumstances of the crime when determining punishment. Some scholars believed that justice requires punishment to be for the "crime" rather than for the "criminal." However، with the passage of time، it became clear that this approach does not guarantee justice and that other factors influencing the crime and its internal and external motives، as well as the nature of the criminal behavior، must be taken into account. Focusing solely on the apparent level of the action is a form of leniency in applying justice. These factors led to the introduction of the principle of individualized punishment، aiming to tailor punishments to the criminal's personality and the type of crime committed، in legal literature. This proportionality is achieved by not treating all criminals uniformly for the same crime، but rather by judges determining appropriate punishments while considering the criminal's social، physical، and psychological circumstances. Given the presence of this principle in some Islamic countries' laws، it is essential to explore its jurisprudential foundations. Research findings indicate that، in addition to the narrations that generally confirmed this principle، there are other jurisprudential evidence that affirm the principle of individualized punishment، and degrees of punishment individualization can be observed in Islamic penalties، such as Hudud and Ta'zirat. Ultimately، it must be said that a discussion currently being raised in law has ancient roots in Islamic jurisprudence.

The research aims to shed light on the various forms of profit in transactions outlined in Islamic law. It delineates that profit can manifest in material and spiritual forms, detailing the rulings on profit as a consequence of actions by individuals, each action having a specific religious ruling ordained by sacred law. Profit is categorized according to the classifications of religious rulings, including obligation, prohibition, recommendation, dislike, and permissibility. It explores how individuals can allocate profits obtained from transactions to their respective categories and the resulting regulations pertinent to their subjects, distinguishing between permissible and impermissible actions through understanding their type and classification.

This research deals with the term “rijli” (more in the connected chain of transmission), and in establishing its demands it has tended to the logical sequence in presenting the concepts, starting with definitions and connotations, defining it according to the opinions of the Shiite and Sunni schools, and explaining its validity according to the two groups, and also identifying the criterion that distinguishes more from the others. Of the related terms and concepts, and he explained the forms of the chain of addition and the reasons for the formation of the additional chain of transmission in the continuous chain of transmission, then he goes over the inherent issues that relate to the term, such as its relationship to the high and low chain of transmission, to move to the preferences of the two groups in cases of conflict and conflict, then the research concludes with a request to clarify the ruling on the additional chain of transmission from the point of view of acceptance. And the response.

This research dealt with the efforts of the Imami interpreters in criticizing the books of the two Holy Testaments. The researcher found that the area of criticism in interpretation is almost concerned with what scholars of biblical criticism call (internal criticism), which is concerned with the content of the texts, and searches for defects and contradictions in them, from the perspective of the critical interpreter. Of course, by comparing the texts, and referring to the data of the senses, and the primitives and axioms of the mind. From the study, the researcher concludes that the commentator\\\\\\\'s interest in criticizing the two covenants was not for itself, but rather as an exposition motivated by the Holy Qur\\\\\\\'an, when he called for a decisive molar in many verses, to distort and alter the holy books of the Jews and Christians. The research clarified the contradiction and incoherence of the texts of the story of Adam, may God bless him and grant him peace, as it attributed lies and ignorance to Him, Glory be to Him, in addition to its defamation of the station of divinity, and the degradation of the status and dignity of the prophets. All of this proves its distortion and lack of vitality

Multiple rational proofs have been established for the existence of God Almighty, according to the rational principles of the various schools of thought and their trends, the most famous of them are the proof of possibility and necessity for the Peripatetic wisdom, the proof of the truthful ones for the transcendent wisdom, the proof of occurrence for the earlier theologians, and the proof of the systems for the later ones. The first two are for philosophers, and the last two are for theologians.
After the merging of philosophy and theology during the fourth century at the hands of Khawaja al-Tusi, the proof of possibility and necessity found its way into Imami theology, and the Khawaja adopted it in abstraction, The scholar Al-Hilli chose it in his explanation, and explained the reason for Al-Khawaja’s turning away from the proof of eternity and occurrence, which is known to theologians, by saying that it only conforms and is upright with the principles of proof of possibility and necessity, His reasoning for this is evident in his satisfaction and choice of proof, and then those who came after them followed them until the later theologians turned to the fact that the proof is purely philosophical, It relies on purely philosophical principles, with no reference to it in the books of the predecessors, so they took another path, They established a new proof based on verbal principles that became known as the proof of systems, which faced a torrent of problems that prompted their later scholars to adopt the proof of transcendent wisdom known to them as the proof of the two truthful ones.
These are the most famous rational proofs of the existence of the Almighty Creator, and although they share some rational principles, regardless of whether these principles are philosophical or verbal, what is important among them is the first, that is, possibility and necessity. Therefore, the reference will be limited to it; In order to reveal its material, the origin of this material, its arrangement, and the effect of transmission on it.

This study aims to provide a comparative analysis of the concepts of Prophethood and Imamat in Shia and Sunni commentaries on Islamic scriptures. Understanding the distinctions between these two fundamental concepts is crucial for appreciating the theological diversity within Islam. The research delves into various interpretations presented by scholars from both traditions, shedding light on the nuances that contribute to the doctrinal differences. The importance of this study also lies in opening the horizon of understanding among non-Muslims regarding these beliefs, which enhances mutual understanding and reduces the incidence of escalation in religious tensions. Subsequently Exploring these religious aspects through research and analysis becomes of great importance for general understanding and cultural convergence in diverse societies.

The research consisted of two sections and a conclusion for the results, recommendations and proposals. The first section was entitled Introduction to the research, in which the researcher mentioned the problem of the research, its importance, its limits and objectives, including: revealing proactive education for the social role in the sources of Islamic educational thought, especially the treatise on rights by Imam Al-Sajjad (peace be upon him), relying on The analytical approach to achieve the research objectives, then the study concluded by clarifying the concepts contained in the title of the research, while the second section was specialized in revealing proactive education for the social role in the message of rights, and among the results were:
1. Islam mentioned proactive education, paid attention to it, and prioritized it over remedial education.
2. The treatise on rights by Imam Al-Sajjad (PBUH) explained the social role of the individual in a clear, organized and sequential manner and divided it into five main sections.

The study examined the psychological and social effects of romantic relationships between the sexes through a sample of (120) students from the internal departments at the University of Kufa, who engaged in a romantic relationship with the opposite sex during university life، The results of this study showed that the largest percentage were within the category Age (21-23) years, and the participation of female students in this study was low (22%) only, and this study showed the students’ need for attention to form (55%) and for marriage by the opposite sex (74%) despite the fact that the level The economy is average for the sample (63%) of them، Among the psychological effects of the emotional relationship is the students’ desire to feel happy, and the feeling of jealousy for the other party and sadness play a role within this relationship, while the form of religious commitment and belief in destiny and destiny are two important factors within the emotional relationship and the pursuit of marriage between the two parties, and there is a need to approach the parents with the desire to marry, From the other side.

This supplication consists of intentional linguistic structures that were studied and considered, explaining their importance, reasons for choosing them, impact on the reporting process, and extent of impact on the recipient. Some structures serve as warning elements, alerting the recipient to important issues between the servant and God Almighty. Some compositions reveal the importance of concerned people, such as prayers for Muhammad and his family, peace be upon him. Some paragraphs also request protection from evils and pains, addressing the reader\'s exposure to the supplication or his family.

Fatima, daughter of Muhammad(p.b.u.h.), the fragrance of truth and the fragrance of the message, the essence of prophecies, the soul of the Prophet (may God’s prayers and peace be upon him and his family) that is between his sides, his bliss and happiness, his fragrance and extension, his mother who did not give birth to him, and the female who ascended to the heights of the messengers and prophets. In addition to men, the sky of Muhammadan glory, Ahmadi immortality, divine purity, sublime majesty, and the immutable origin of the sublime heavenly branches, the woman who has no suffix attached to her, the highest in the ranks of precedence, the most honorable ex-husband, supreme above and above all creation, the mistress of the immortal ladies, the adornment of the earth. And the flower of the heavens, who has a high status in souls, the daughter of the Holy Messenger, and the husband of the great and proud one, the bearer of the cup and banner of the Ahmose Prophet, Ali bin Abi Talib (p.b.u.h.), and the mother of the two Alawite Muhammadan tribes, the miracle of Muhammad(p.b.u.h.) with transcendent attributes, the foundation of Islam, and an example of the truth with which the heavens shone and blossomed, emerging in the house of message and righteousness, the all-knowing and teacher of revelation and prophecy, the teacher of imamate and commoner, the modernist and innovator, the mistress of beauty and the collector of all its colors. And its aspects, the wise, noble, and forbearing woman, and from her good conduct, I quoted an enlightening topic entitled (Fatima Al-Zahra(p.b.u.h, the branch of the message and the half of the Imamate - a study into the significance of the speech and its impact on human development), and I made it an introduction and introduction to The speech Language and terminology and the biography of Al-Zahra(p.b.u.h.), and three Topics: The first was: The speech of Fatima Al-Zahra(p.b.u.h.), as a daughter, the second was: The speech of Fatima Al-Zahra(p.b.u.h.), as a mother, and the third was: The speech of Fatima Al-Zahra(p.b.u.h.), as a wife, then I mentioned the results, then the conclusion, and I ended it with sources and references.

The twentieth century and the following is a basic starting point in the project of modernization and development of Sciences and arts, And rhetoric is among the sciences that have been called immobile, There were many researchers who tried hard to update the Arabic communication lesson to make it adapted to the requirements of modernity, which has imposed itself as a cultural given that science happens in all its essence, The cultural institution in Egypt did not have a negative attitude towards what is imposed by scientific reality, There were many Egyptian researchers who took it upon themselves to shoulder the responsibility Arab intellectual, This research, which is in our hands, tries to draw the modernization produced by the Egyptian researcher towards the rhetorical heritage.

The language of the Holy Qur’an is a miraculous language that has failed the eloquent and eloquent Arabs, as it is manifested through rhetorical miracles to testify that the revelation of the Holy Qur’an is God Almighty, and no human being could have come up with such a miraculous language. The noble Qur’anic verses that specialize in studying the individual pronouns of the speaker have indicated God Almighty. And God Almighty affirms the monotheism of the Creator, the Almighty, and worshiping Him alone. And His uniqueness in divinity and divinity, the aim of which is to make the doctrine of monotheism a visible and effective doctrine. God Almighty is the One who deserves monotheism, worship, and obedience. He is unique in His essence, names, attributes, and actions. He has no partner, no counterpart, no creator, and no administrator other than Him, glory be to Him, the Almighty, since the Creator, the Almighty, fell short. Worshiping Him alone through various Qur’anic contexts, and He warned them against disbelief and polytheism in Him, the Almighty, and He promised whoever disobeyed and disbelieved a painful punishment, and He promised whoever believed and worshiped God Almighty and was sincere to Him Paradise and bliss.