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الحرية و تطبيقاتها : قراءة في الفقه الإسلامي المقارن : دراسة أصولية

المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: الجمال، محمد محمود محمد (مؤلف)
المجلد/العدد: ع 4
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2010
التاريخ الهجري: 1431
الشهر: ابريل
الصفحات: 52 - 117
رقم MD: 167009
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
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المستخلص: This research paper comprises of an introduction, two research topics and a conclusion. The introduction discusses the importance of liberty and its effects on individual and group behavior; the relationship between the moral system and Islamic jurisprudence; monotheism is the means to liberty and the status of liberty in Islamic thought. The first research topic addresses the theoretical aspect of liberty and includes two issues; the first being the definition of liberty, its types and regulations while the second is the juristic principles and regulations concerning the question under discussion. This includes five principles: • The liberty of humans. • Freedom from liability. • The permissibility of all things except with the existence of prohibiting evidence. • The actions of a ruler must be guided by the interests of his people. • People have full authority over their own properties. The second research topic addresses the most important applications of liberty as discussed in the various schools of jurisprudence. It includes four issues each comprising of three subdivisions: 1. The most important applications of liberty to acts of worship. Its subdivisions are: - The number of prescribed duties is few, meaning that the devotional practices ordained by Allah have been defined and do not consume much time so as not to overshadow the interests of the people - the choice to perform prayers anytime during the prescribed time for prayer. - the zakat on the property of a minor or an insane person. 2. The most important applications of the concept of liberty to the field of transactions; its subdivisions include: - The liberty to formulate contracts - Mandatory pricing - Suspension of the foolish from dealings. 3. The most important application of the concept of liberty to personal status; its subdivisions include: - Liberty of women to marry and to choose a husband. - Scholarly opinions on forcing a woman to nurse her child. - allowing a child to select the parent he/she will live with after the end of the term of custody. 4. The most prominent applications of liberty to the field crimes; its subdivisions include: - The extent of a person’s liberty to commit suicide - Impinging upon the freedom of the defendant to obtain a confession - The extent of liberty to reject one’s religion (apostasy). The conclusion contains the most prominent results of the concept of liberty and its applications.

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