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04915nam a22003497a 4500 |
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| 041 |
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|a ara
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| 100 |
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|a الرماحي، ثريا عبدالناصر صبيح
|g Sabeeh, Thurayya Abdul-Nasir
|e مؤلف
|9 551550
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| 245 |
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|a غير المستقلات العقلية:
|b دراسة أصولية وتطبيقاتها الفقهية
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| 246 |
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|a Dependent Rational Propositions:
|b An Usuli Study and its Jurisprudential Applications
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| 260 |
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|a الكوفة
|c 2017
|m 1439
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| 300 |
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|a 1 - 211
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| 336 |
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|a رسائل جامعية
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| 502 |
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|b رسالة دكتوراه
|c جامعة الكوفة
|f كلية الفقة
|g العراق
|o 0033
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|a 1- All Muslims agree that judgment rests with none but Allah and that for Him only belongs the right of enactment of Sharia legislation. Mind is neither competent to rest judgment nor it can autonomously realize the Islamic laws. That is because the fact that the laws of Allah are not open for the ijtihad of the mind (i.e. they are confirmed to legal precedent), not fitting into the underlying causes nor they belong to empirical subjects. Since they are as such, the Islamic laws cannot be known to us but through being received from the informant. Yet it is possible for mind to realize some of those laws. 2- The rational indication: is a term referring to every law that can be determined through the judgment of the mind. 3- The rational indication falls into two categories, according to the fundamentalists: the independent and dependent. 4- The first of which is the independent proposition are rational issues that are realized through the practical mind, independently of any support of another legal premise. The independency here is based merely on the independency of the legal premises. However, such indications cannot be used to arrive at a Sharia law unless supported by another reasoning premise of the theoretical perceptions category. The premise is what makes the Sharia law and the independent reason-based issues in agreement. An example for clarification: First prerequisite: minor analogy, which is a reason- based, (sincerity is required and loved based on reason). Second prerequisite: major analogy, which is reason-based, (whatever acceptable by the mind is also acceptable in the Sharia, i.e. the agreement between mind judgment and Sharia judgment). The result of those two prerequisites is that (justice is legally equitized). The independent rational propositions deal with two issues: first is the minor which is related to clarifying the reason –based realized issues within the optional actions, i.e. what should be done and what should not. Second is the major which is concerned with clarifying whether or not the Sharia should realize what mind can realize, i.e. is it necessary for the Sharia to follow the judgment of the mind? 5- The dependent rational propositions: they are the issues realized by the theoretical mind, with the support of a Sharia law. This means that in order to draw a conclusion out of them, a Sharia law or a premise should be taken into consideration. Those issues are hence called independent issues. Example of such issues is the issues that fall within the mind-based obligations studies, such as (the parts, the obligation prerequisite, opposite obligation to forbid). An example for clarification: the first prerequisite, which is a Sharia prerequisite (the minor prerequisite), prayer in an exacted or usurped place is haram (forbidden). The second prerequisite (the major prerequisite), which is mind-based, something is obligatory to do because the opposite of that thing is forbidden. The result of that is prayer in an exacted or usurped place cannot be obligatory. 6- The judgments of the speculative intellect can independently prove a Sharia law, while the practical intellect is not competent to do so alone, independently of a judgment of the speculative intellect.
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| 653 |
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|a الفقه الإسلامي
|a القواعد الفقهية
|a الملازمات العقلية
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| 700 |
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|a الكرعاوي، هادي حسين هادي
|g Al-Garawi, Hadi Hussein Hadi
|e مشرف
|9 160536
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| 856 |
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|u 9805-015-003-0033-T.pdf
|y صفحة العنوان
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| 856 |
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|u 9805-015-003-0033-A.pdf
|y المستخلص
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| 856 |
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|u 9805-015-003-0033-C.pdf
|y قائمة المحتويات
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| 856 |
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|u 9805-015-003-0033-F.pdf
|y 24 صفحة الأولى
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| 856 |
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|u 9805-015-003-0033-0.pdf
|y الفصل التمهيدي
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| 856 |
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|u 9805-015-003-0033-1.pdf
|y 1 الفصل
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| 856 |
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|u 9805-015-003-0033-2.pdf
|y 2 الفصل
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| 856 |
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|u 9805-015-003-0033-3.pdf
|y 3 الفصل
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| 856 |
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|u 9805-015-003-0033-4.pdf
|y 4 الفصل
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| 856 |
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|u 9805-015-003-0033-5.pdf
|y 5 الفصل
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| 856 |
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|u 9805-015-003-0033-O.pdf
|y الخاتمة
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| 856 |
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|u 9805-015-003-0033-R.pdf
|y المصادر والمراجع
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| 930 |
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|d n
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| 995 |
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|a Dissertations
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| 999 |
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|c 1018523
|d 1018523
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