Journal of Jurisprudence Faculty

In this modest research, We talked about the approach of Abu al-Hasan al-Ramani al-Mu\'tazili (D384A.H), Who approached the methed of ijtihad and deduction in the interpretation attributed to the Holy Qur\'an, the Sunnah and other sources of Islamic Iegislation in explaining the Qur\'anic text in a manner appropriate to the context, Then we explained the foundations that he adopted in his approach to interpretation, which are: his reliance on exegesis with the maxim, and his reliance on linguistics.
We found it linguistically, grammatically and rhetorically in it, as he was presenting the opinions of the Kufics, Basrians and Baghdadis, discussing them and expressing his opinion on them, as well as reliant on the sciences of the Qur\'an, namely: abrogating and abrogated, the reasons for revelation, Qur\'anic readings, and verses of rulings, in addition to his reliance on reason in interpretation.
Moreover; His responses to the views of the commentators who preceded him in time, then he presented many of the views and beliefs of the reformist sects and his position on them as one of the Mu\'tazila sheikhs

Health insurance contract, its concept, legality, and types
The study aims to clarify a number of things, including:
The reality of health insurance: Since health insurance was defined by several definitions, whoever included it in the previous customary contracts defined it according to what was included in it by carving a concept for this new contract.
Discussing the need for health insurance: since the idea of insurance was among the things that keep the specter of dangers away from a person - whether in himself or his property - from drowning, fire, theft, death, and the like of these accidents, which insures him or his family members in ample amount Of money for its bet and the need of the human community for it.
Research in the historical dimension of insurance: it is fruitful in identifying how the street signed it, even within the resources and individuals, by removing privacy from it and generalizing it to other resources. With the inclusion of the guarantee of the sane and the guilty in the insurance, it is useful to approve the insurance contract in Sharia in general.
Statement of the location of this contract within the legal contracts: As the insurance contract is one of the necessary contracts, which cannot be rescinded except with the consent of both parties. Yes, if it is stipulated within the contract that the insured or the insured or both of them are entitled to termination, termination is permissible according to the condition. And if the insurer fails to act on his commitment, the insured has the right to oblige him to do so - even if by pleading with the Sharia judge or others - and he has the option to terminate the contract and recover the amount of the insurance.

After this blessed scientific tour of an important topic, it deals with and researches the nucleus of society, which is the family, which is that if it is reformed, society is reformed, and if it is corrupted, society is corrupted.
Islam was keen to preserve the family entity by all means, and if a quarrel occurred, reconciliation was prescribed so that the family would move to safety.
Therefore, the Holy Qur’an has arranged a solution to all marital problems, and Islam has taken care of the Islamic home and surrounded it with an impenetrable fence, and set important rules for the family so that it can live in peace and security. Therefore, it set solutions for marital disputes before they occur.

The first Islamic jurisprudence is of great importance to trade and financial transactions because of their importance in regulating the affairs of the individual and the society economically and thus organizing the financial affairs of the state. The interest in the foundations gives strength and support to the issues that follow, so sales systems have determined what is permissible and what is false as well, and the halal profit is made clear from the forbidden profit based on the methods of sale And the practices carried out by the individual and society in order to remove injustice and injustice from the individual, so he went to the organization and classification of permissible goods for sale, market systems and financial trading operations, directly and indirectly, in an effort to achieve the right, setting limits for the expansion and capacity of those with illegal trade, and supporting merchants who want a halal livelihood. Contracts, explain what is permissible from what is not permissible, analyze the sale, separate its vocabulary, clarify what is permissible from what is forbidden, and explain its forms so that people will not have an argument for anything after clarification. Among these images is the bidding contract, which is the focus of our research, in which we reviewed the linguistic and idiomatic meanings of the jurists of Islamic schools of thought, and then we clarified the opinion of the jurists from the aspect of permissibility, disapproval and desirability, so that the image of the legal ruling becomes clear and its conformity to the Qur’anic texts and honorable hadiths becomes clear..

The research on the subject of correctness and error - which is one of the issues of theology - is one of the very important topics in the field of Islamic studies in general and in the field of jurisprudence and its origins in particular. This is because the results that the research yields in this field can be considered an explanation and justification for the sayings of the mujtahid jurists and their opinions with their diversity and differences, and because of the importance of this topic as it enters the core of jurisprudential and fundamentalist studies, we have held this research to find out some of the specifics related to it - error and correction -, and try to explain The subject of the dispute and the problems contained in it, and the origin of the saying of each of them and what leads to it, as well as revealing the aspect of their connection - the mistake and the correction - with the apparent ruling.

This study revolves around defining this crime and stating its provisions and the criminal punishment in the Imami jurisprudence and Iraqi law. In the first point, the research deals with the conception of the crime of indecent assault, its elements and and the criminal punishment in the Imami jurisprudence; it refers to any crime of rape or adultery or sodomy or their precursors which fall on the victim. As for the the concept of the crime, its elements and its criminal punishment in the Iraqi law. The Iraqi law defines the crime of adultery as: an immoral act that falls on the body of a specific victim. In fact, the Iraqi law imposes the most severe penalties on on this crime. The aim of the legislator is to protect the victim’s body against ant sexual practice which the victim does not like as well as to protect society and morals. If the offender has an intentional purpose and knows that his act is immoral in a massive way, that it is illegal and that the victim is not satisfied with this act, the offender will be subjected to the most severe penalties stated by the Iraqi law. The criminal legislator gives this crime the character of criminalization and penalty. In conclusion, we present the results of the crime of adultery in the Imami jurisprudence and Iraqi law.

The research dealt with the subject of the provisions related to the disposal of common funds among the partners in both jurisprudential and legal legislation, and because of the need of the owners to dispose of their property and the competence of the partner and his uniqueness in the money alone without restriction or tyranny and without preventing him from disposing of his property as an obstacle, so the legislator developed the jurisprudential and legal texts that established the ownership Shares, how to deal with them, explain the provisions related to them, and indicate the validity of the actions issued by the partners. Are they based on health and permissibility at all, why not? And a statement of some cases and special restrictions of ownership that prevent the disposition of common property, as well as the research explained how some legal rights such as five and zakat are attached and their obligation on common money, and explained the necessity of working on restoring and reforming common money in a way that does not conflict with the interests of others, so he put in place pure and clear provisions in a way that prevents partners From the abuse of the rights of others according to what is detailed in the research, as well as the presentation of legal texts on the legal texts to explain the provisions of disposing of common property The research presented the sanctity of disposing of the money of others, and the Holy Qur’an and the Sunnah linked it to it, as well as clarifying the most important legal texts that indicate it, and standing on the most important opinions that the jurists were exposed to in the division, and clarifying the legal and legal ruling in disposing of the funds of minors, and explained the necessity of extracting the legal rights to be attached to the funds The common, as well as dealing with the rain on money from pictures and comparing these opinions with the legal texts in terms of conformity or not.

Our tagged research is summarized (Provisions of the will in the frontal jurisprudence), where we briefly address the provisions and the necessity of the will in the frontal fiqh:
The will is of great importance, and its goodness is related to its owner after leaving this world, and that is why our Lord Almighty repeated it in the verses of inheritance, with each case of inheritance. God Almighty said: “After a bequest or a debt.” After the bequest, the heir is entitled to his share of the inheritance that God Almighty has imposed on him in the estate, after the bequest of the bequeather has been executed. It is the last stage of a person’s life, and it is considered to the deceased as ongoing charity if it is according to legal scales.
A will is what the deceased wills bequeaths or entrusts from the inheritance to his heirs, and it is also: ownership of an eye or a benefit after death as a donation.
A will is sometimes a will of a king, a donation or another act, so it is divided into two parts, the ownership will and the covenantal will., and each of them has detailed terms and conditions, and that the will is sometimes a will of a king, donation or other disposal, so it is divided into two parts, the ownership will and the covenant will. And the evidence on the legitimacy and obligation of the will from the Holy Qur’an and narrational evidence, then we reached the results of the research.

Caring and thinking about the doctrinal dimension is one of the most important axes of human thinking, and there have been many research methods the researcher can takes it in order to reach a satisfactory result , and to reassure that he is on the right way .
The deconstructive school is considered one of the most important Islamic schools within the Shiite trend, which seeks to reach the religious truth in the doctrinal dimension through the rationalization of the revealed religious text.
This school has features and characteristics in the scientific march of the Shiite community, but it took characteristics and advantages that set it apart from others in the last era of the modern era, represented in the activity of Mirza Mahdi Al-Isfahani in the Holy Mashhad, and he made an effort by establishing its foundations, which resulted in the emergence of the features of this school , and the emergence of its men and among those who emerged from them in the contemporary period is Sayyid Jaafar Sidan, who studied in the seminaries ( Hawza elmia) and attained the highest ranks in it, and took it upon himself to establish and defend its foundations.
What can be seen in Sidan's thought is that he does not reject the authoritativeness of reason in doctrinal comprehension, but he places it within a specific framework represented in the mental perceptions known as mental independents, and that some non-obvious philosophical opinions are facts in their concomitants that lead to the interpretation of the religious text, just as some dealings with the text Religious leads to acceptance of all the traditional (hadith) heritage, which is also rejected by Sidan, in addition to the need to give the real role of the religious text in beliefs and works of the mind within its usual limits to realize the religious truth in its belief dimension.