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الفقه السياسي و الإداري عند عمر بن الخطاب رضي الله عنه

المؤلف الرئيسي: العاني، أحمد حسن شوقي شويش حمد (مؤلف)
مؤلفين آخرين: الجميلي، خالد رشيد (مشرف)
التاريخ الميلادي: 2009
موقع: بغداد
التاريخ الهجري: 1430
الصفحات: 1 - 571
رقم MD: 553412
نوع المحتوى: رسائل جامعية
اللغة: العربية
الدرجة العلمية: رسالة ماجستير
الجامعة: الجامعة الإسلامية بغداد
الكلية: كلية الشريعة والقانون
الدولة: العراق
قواعد المعلومات: Dissertations
مواضيع:
رابط المحتوى:

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المستخلص: Praise be to Allah, Lord of the Worlds, and the best blessings and peace be upon our master Muhammad, and upon his family and his companions. As for till now this research is marked by political and administrative jurisprudence at Omar Bin Al- Khattab (may Allah be pleased with him) dealing with a precis of his life, after mention to his ancestry, his birth and his form, the searcher dealt with his early life where he worked in his youth in the grazing profession and other hard professions which helped crystallize his personality and developed his bodily and mental abilities and other capacities that enabled him later to be ambassador to the Quraish pre-Islam, then he embraced the Islam after he knew Islam of his sister and her husband, Allah Subhana WA Ta’ala guided him to Islam, response to invitation of his prophet (Allah blessings and peace be upon him) to consolidate Islam by one of Al- Omarian, Omar accompanied the prophet (Allah blessings and peace be upon him) in the city until his death (Allah blessings and peace be upon him),and he was the example for the best student of committed by teachings and injunctions of Islam, he had martyrdom (may Allah be pleased with him) after thirteen years of the succession when was praying the dawn prayer at the hands of Abu lo'alo'a Al-mjusy, this what the preliminary door dealt with it in this research.

Praise be to Allah, Lord of the Worlds, and the best blessings and peace be upon our master Muhammad, and upon his family and his companions. As for till now this research is marked by political and administrative jurisprudence at Omar Bin Al- Khattab (may Allah be pleased with him) dealing with a precis of his life, after mention to his ancestry, his birth and his form, the searcher dealt with his early life where he worked in his youth in the grazing profession and other hard professions which helped crystallize his personality and developed his bodily and mental abilities and other capacities that enabled him later to be ambassador to the Quraish pre-Islam, then he embraced the Islam after he knew Islam of his sister and her husband, Allah Subhana WA Ta’ala guided him to Islam, response to invitation of his prophet (Allah blessings and peace be upon him) to consolidate Islam by one of Al- Omarian, Omar accompanied the prophet (Allah blessings and peace be upon him) in the city until his death (Allah blessings and peace be upon him),and he was the example for the best student of committed by teachings and injunctions of Islam, he had martyrdom (may Allah be pleased with him) after thirteen years of the succession when was praying the dawn prayer at the hands of Abu lo'alo'a Al-mjusy, this what the preliminary door dealt with it in this research. I dealt with the first door in his preface to the definition of jurisprudence and policy in the language and terminology, after that the first chapter dealt with internal politics, which included a number of positions that emerge the opinion of Omar Bin Al- Khattab (may Allah be pleased with him), some of these were in the era of the messenger of Allah (Allah blessing and peace be upon him),like swleh Al- Hudaibia and Al- sakefa occurrence after the death of the messenger of Allah (Allah blessing and peace be upon him) and the selection of Abu Bakear Al- sedeaq (may Allah be pleased with him) to the succession, and some of these were in the era of Al- sedeaq (may Allah be pleased with him), like his position from fighting the prohibitive of the Zakat, prevention shares of Al-Mu’lafa Klobahom( ) and the succession of Abu Bakear Al-sedeaq for him after his death, and in his succession (may Allah be pleased with him) he took the Jews and the Christians out from the land of the Arabian Peninsula followed in this the order of the Messenger of Allah (Allah blessing and peace be upon him),to take them out from it, then before Al-Faruq martyrdom, he (may Allah be pleased with him) had creation a new method to choose Al-Caliph after of him , which made it Shura in six persons from the best of the Companions of the Prophet and the previous to Islam to choose Al-Caliph after of him. Al-Faruq has been in these attitudes a good opinions and great attitudes highlighted the great extent of his proficiency at the level of interior policy.

The foreign policy which dealt with in chapter two from this door has been distinguished by the liberation of the people of the two largest empires, they are empire of Persians and Roman emp- -ire by sending armies of Islamic conquest of the freedom to disse--minate the Islamic faith, as a result of liberation was opened many of areas to reach the Islam to all vast land in the far north and south and the maximum of east and west to be really era of the Islamic conquests. The second door dealt with the administrative policy to Al- Faruq, after our definition the management in the language and terminology, the first chapter dealt with the development history of Al- Hejira by the Caliph Omar Bin Al-Khattab (may Allah be pleased with him),after to emerge the Islamic state need to history to use it in their books and conversation, as a result of the expansion of Islamic state, Al-Faruq divided it into states to make it easy to management and control it, then appointment of the qualified governors on it from who meet a set of attributes that qualifies them to get this position, after he stipulate on them some conditions which he put it in appointment covenant, then after that he explain for them that the governor is an individual as one of individuals of the citizens, not excel on them except in size of the responsibility which put it on his back and importance, so he is (may Allah be pleased with him) do not hesitate of punishment any of them and even to isolate him and share him in his money if the governor breached condition of appointment or if Al- Caliph found any negligence from governor to his citizens. The second chapter dealt with the financial institution where Al-Faruq worked to interest into money home and collecting money from the Zakat moneys, Al- Kharaj( ), Al- Fea’a( ), the booty and tithes, then codification of registers and determine the grant for each Muslim an individual, dependence on a relative degree of the Messenger of Allah (may Allah blessing and peace be upon him) and his antecedence to Islam until he included the suckling, Al- Faurq era which was to be distinguished by the prosperity, significant impact on the development of institutions Islamic cities and expansion of the Islamic state, so it took place to construction of the regions and a big Islamic cities, to be a base for the start of the armies of the Islamic conquest, then to be civilian and cultural important centers after re-populating of the cities, fissure rivers, and development of lands, a result been exposed Al- masjed Al-Haram to the torrential rains, and a result of the increase that occurred in the numbers of Muslims, Omar (may Allah be pleased with him) worked to the expansion and reconstruction of Al- masjed Al-Haram and Al-Masjed Al-Nabwie.

The third chapter dealt with the judiciary institution, which we display in it the principles of Omar Bin Al-Khattab (may Allah be pleased with him) which he pursued it in his judiciary, in this side has emerged to separate jurisdiction by Al-Faruq away from the other states, to be an independent judiciary, after the governor was to separate in the disputes beside of his work, then Omar appointment of the judges on the regions of the Islamic state, to be independents, and no one can intervention in their judgments, even Al-Caliph except to give them the advices and opinions, then placed for them the constitution in the methods of litigation and its morals, through his letters and his books to them, especially those addressed to his judge Abu Musa Al-Ash'ari, and his judge sharih, that included some off Al-Faruq rules in crimes of sanctions, the felonies, the blood money, and some another cases. The political and administrative jurisprudence is occupy a large space in the lives of the individuals, the groups and nations, it was quite seriousness to make it a priorities of human thinking as a means of existence, the continuity and prosperity, the world today live in midst of the strong chaos and welter through the wrong policies which pursued by the rulers, under the systems of the different situation for these policies, some of these systems dropped and the other on the point of follow it, so we must highlight the good points of the Islamic political and administrative jurisprudence and dissemination the culture of Islamic jurisprud- -ence, which his light faded in the spring of the Islamic state, important for each governor to know the jurisprudence and ponder its texts well, and work to make these texts as a method in his policy with the citizens, and complying with Allah order Subhana WA Ta’ala to performance of matters of the citizens, and to follow the way of the messenger of Allah (Allah blessing and peace be upon him) and the Caliphs after him in their good policy and arrangement, each governor is responsible for his citizens in front of Allah so they were truly the best examples to imitate them, and I hope this letter be one of the attempts purposeful to diffuse the Islamic political and administrative jurisprudence.

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