Literature --> Researches
LAQTAHA AND ITS PROVISIONS IN ISLAMIC LAW
(Allluqatat Wa'ahkamuha Fi Alshryet Al'iislamia)
A paper written by the Sheikh in 1387 AH - 1968 CE, and published in the Iraqi Journal of Comparative Law in its second issue 1974 CE, after which it was printed in a separate booklet, and also published with a research group in a book under the name “Jurisprudence Research Group ”.
The sheikh says about this research :
The Iraqi civil law did not deal with the lawfulness and its provisions except in one article, Article 974. Islamic jurisprudence in order to know these provisions, because the second paragraph of Article 1 of the Iraqi Civil Law obliged the court when there is no legislative text that can be applied to rule according to custom, and if it does not exist, according to the principles of Islamic law that are more appropriate to the provisions of this law without being bound by a specific doctrine .. I thought it useful to present the provisions of al-Qotah in Islamic jurisprudence in its various schools of thought, with an explanation of what seemed to me to be preponderant, so that these rulings could be easily and easily referred to in the various cases of “gapping ”.
I have made this research in two chapters (the first) to define the frenzy and to explain its perception (and the second) to explain its rulings .
Contents of Chapter One :
Definition of the snapshot and its corners, the necessity of defining what is meant by the snapshot . And it has two demands :
The first requirement - the definition of al -Qutta, its definition in the language, its definition in the terminology - first: among the Malikis, second: among the Hanbalis, third: among the Hanbalis, fourth: among the Dhahriya, Fifth: among the Ja`fari, Sixth: among the Shafi`is .
The second requirement - the pillars of a lookout - enumerating the pillars of a lookout. The first branch - the capture, the meaning of a bait, the rule of catching, the rule of catching the tap, its rule according to the Shafi’is, its rule among the Malikis, wisdom according to the Hanbalis, wisdom among the Zaydis, wisdom among the Ja`fari, wisdom, Discussion of the sayings and the statement of the chosen saying, the witness of the capture, the capture of the animal, the capture of the cat of the pilgrim, the second branch - the catcher - the identification of the catcher, the multiplicity of the catcher, the third branch - the stalker - the definition of the catapult, the ruling on picking pearls in the sea and outside of a coincidence and others, the ruling on changing clothes and whether it takes place He has the judgment of a shotgun . Ruling on picking up an abandoned animal .
Contents of Chapter Two :
The provisions of al-Waqtah and it contains an introduction and two requirements :
The first requirement - provisions for a non-animal shot, its descriptions are known, a definition that the capture should mention to people, the necessity of identification, exceptions from the necessity of identification, the definition period, exceptions from the definition period, the time of identification, the immediate definition, the place of identification, who is in charge of the identification, the identification supply Snapshot rule after definition .
The first case - claiming it during the definition period, the Hanafis, the Hanbali doctrine, the Maliki doctrine, the Shafi'i doctrine, the Ja`fari doctrine, the Dhahri doctrine, the Zaydism doctrine, discussion of sayings and the most correct statement of them .
The second case - the expiration of the definition and its duration, the Hanafi school, the Hanbali school of thought, the Shafi'i doctrine, the Maliki school, the Zaydi doctrine, theJa`fari doctrine, the Dhahriya doctrine, the assurance of the snapshot, cases in the assurance of the snapshot, the fee for the return of the snapshot, the reward for the return of the snapshot .
The second requirement - the provisions of the lost, the definition of the lost, first - the lost of camels, second - the stray sheep, spending on the lost by the Hanafis, the Maliki doctrine of spending on the lost, the Ja`fari doctrine, the growth of the lost, the rest of the rulings of the lost .
_PRINTER
Published on: 2015-03-01 (8488 Reads)
