تفردات المذهب المالكي في فرق النكاح: دراسة مقهية مقارنة بقانون الأسرة الجزائري

الموضوعات

ديانات

روابط وملفات

التعريف والنوع

رقم الوثيقة

01822743-7147-4326-8c58-cb8748c6e0ad

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf text

أسماء الملفات

1962663_1.pdf

بيانات النشر

ألقاب المؤلفين

[{"name_ar":"الزبير صالح معتوق","title_ar":"اعداد","title_en":"Preparation"},{"name_ar":"محمد حسان عوض","title_ar":"اشراف","title_en":"Supervision"}]

اللغة

Arabic

المصدر والدورية

اسم المصدر

تفردات المذهب المالكي في فرق النكاح: دراسة مقهية مقارنة بقانون الأسرة الجزائري

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

The unique science in the doctrines is one of the important sciences; because it shows the independence of the doctrine in the principles and rules of diligence, and excogitation methods sentences of issues; and explain why its unique .And its contribution to the El-Fiqh (Jurisprudence) in general and the Fiqh al-Maliki, in particular, this study addresses an important aspects of the provisions of the Family in Islam; the study mentioned doctrinal issues which Maliki’s doctrine in marriage teams, doctrinal study compared three doctrines (Hanafi and Shafi'i and Hanbali) Algerian Family law, a scientific manner based on the inductive analytical comparative approaches , with mention of evidence all said and discussed, also dealt with the most important reasons that justify the doctrine that apart from other sects, Study reported the reasons in two types. It declare reasons unilateralism in general in the boot , reported with each issue separately reason the doctrine, it has shown the most correct opinion at the end of each issue, With the stated reason of the weighting. The nature of the subject arises is divided into an introduction and an introductory chapter and four chapters, with conclusion. Introductory chapter Includes on the three sections, first one highlighted the main features with its definitions, reasons why its unique , and the history of classification,second one overview about the life of Imam Malik, his Scientific stature, the emergence of doctrine, its development and spread, the most important sources of Fiqh al-Maliki, the most famous works and terminology traded in Fiqh al-Maliki, the third and final has made to point the marriage’s teams with its definitions and kinds. Divorce has pillars underpinning, and conditions must be met to divorce, including those related to the man (divorcer); whether spouse to be himself or authorized guardian if a small or mindless,it also include those related to the formula , or the substitute of the signal or writing, including those related to the mandate on divorce completed or pending.The difference were signed as mentioned among the four doctrines, Maalikis him self in in his statement didn’t tell like others, so the first chapter in the singularities of the Malikidoctrine band in the will of the single(divorce), and that in eight sections.Dislocation have pillars underpinning, and each corner conditions must be met to rhythm, including those related to which is committed to compensation , including with regard credited, whether spouse or guardian, including with regard to giving that, any allowance by the wife or others, including those related to compensated wife , including with regard to formula of words which is which is located by the dislocation. Maaliki was alone in a statement that did not tell like others, this was mentioned in the second chapter in the singularities of the Maliki doctrine band in the agreement of the spouses (divorce), and this in six sections.It is the difference what is required by virtue of al-Shar`a(Islamic law), both speaking on condition have a judge rule or not required, and both pleased by the couple or not, and this is a band, and ZIHAAR, and curse, and the apostasy of a couple, so it was thethird quarter in the singularities of the Maliki school in the band by virtue of SHAR`A (EL`AA-those who swear that they will not go in to their wives-,and ZIHAAR-those who put away their wives by likening their backs to the backs of their mothers-, and LE`AAN-those who accuse their wives and have no witnesses except themselves, of illegall sexual relations-, and REDDA-Apostasy-)It is what the difference is by virtue of the judge, to differentiate the defect or injury or absence of imprisonment or, if the fourth chapter in the singularities of the Maliki school band in judgment.After studying the uniqueissues, pant set of results concluded by this study, perhaps the most important: The privately Maliki doctrine in the studied his issues justifications and reasons, based on the evidence he believed his right , or to the true origin, and the uniqueness of Maalik’s for others does not imply that they are right, and shows as well as on the right thing, and that many of the issues that were discussed and that alone by Maalikis for others is because it is often the custom, which has a significant role in many of the divorce, and Dislocation issues, especially those relating to the words, and to their expansion in taking base which falls below dam excuses base, also appeared -and Allah knows through the issues that were discussed that the most words doctrines in the topic of divorce are Maalikis, and perhaps the reason for this is due to their expansion in taking action reservation base, especially those attached mirage issues (sexual issues).

إشراف وإعداد

الإشراف

محمد حسان عوض

الإعداد

الزبير صالح معتوق

الاقتباسات الببليوغرافية