Document Details
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Document Type |
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Thesis |
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Document Title |
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Freedom: Its Concept and Applications in Islamic Jurisprudence •• A comparative-jurispradential-rooted study •• الحرية، مفهومها، وتطبيقاتها في الفقه الإسلامي - دراسة تأصيلية فقهية مقارنة – |
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Subject |
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Faculty of Arts and Humanities |
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Document Language |
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Arabic |
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Abstract |
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In the name of Allah, and all praise is due to Him; and blessings and peace of Allah be upon the Seal of Prophets and Messengers, Muhammad bin Abdullah.
This research is a comparative, applied and rooted study that addresses freedom, its concepts and applications in Islamic jurisprudence. It includes an Introduction, a Rooted-Theoretical part, an Applied part, Conclusion and Indexes. The rooted-theoretical part includes two chapters. Chapter One: The concept of freedom, its methods, elements, origins and significance. Chapter Two: Kinds of freedom in Islamic jurisprudence and its controls. The applied part comprises three chapters. Chapter One: issues of freedom related to worships. This includes three topics. Topic One: issues of freedom related to Zakat (the prescribed alms). It deals with rulings on the payment of Zakat prior to its appointed annual date, and the payment of Zakat Al-Fitr (breaking the fast poor due at the end of Ramadan) prior to its obligatory time. Topic Two: issues on Hajj (pilgrimage) – related freedom, discussing the issue of giving the right of choice as regards the ransom on breaching Ihram (ritual consecration), and the expiation for the killing of game. Topic Three: freedom issues related to expiations, dealing with an expiation for violating an oath, expiations for vowing continence and for making vows. Chapter Two: freedom issues related to transactions. It includes two topics. Topic One: issues on monopoly, pricing and optional sale. It also addresses the rulings on monopoly, pricing, and swindling option. Topic Two: scattered issues on transactions. It tackles the rulings on the sale by a forced person, and declaring legal incompetence of a foolish/weak-minded person. Chapter Three: freedom issues pertaining to the Personal Status Law. It includes two topics: The First: issues on freedom of marriage, which addresses the issue of guardianship and a forced marriage on a virgin accountable woman; and the ruling on concluding a marriage by the woman's statement. Topic Two: freedom issues pertaining to separation, such as a divorce by a forced husband, and a wife's seeking of ‘Khuluʼ’(divorce through making a deal with her husband).
The research objective: Rooting the concept of freedom in Islam and stating Islam’s decision and consideration of freedom in both the origins and the branches, such as freedom in juristic rulings and stating the relationship between freedom, choice and responsibility in the light of the delimitations and controls.
The research delimitations: Issues related to freedom, against slavery and servitude, shall not be studied, in addition to issues falling under the meaning of pure permissibility and the ones related to freedom in the political side.
The adopted method in the rooting side: To deduce from the researchers' writings the concept of freedom and analyze it in order to reach a definition of freedom, and to refer to the origins of Sharia and the fundamentalist jurists' decisions as regards jurisprudential rules and fundamentalist issues to deduct the origins and controls of freedom in Islamic Sharia. As for the adopted method in the applied part, it is to conduct a comparative jurisprudential study between the four schools, and to refer to the approved books in each school when writing about these schools. Then, an analysis of opinions is conducted to illustrate the freedom aspect.
The research reaches a conclusion about Islam's rooting and establishing of the value and concept of controlled freedom, illustrating the extent of rooting freedom and its application in the Islamic jurisprudence and its established rulings and legislations.
- Significant recommendations: To be concerned with the subject of freedom, investigating it in other aspects, such as: freedom and the preservation of one's self between the Islamic jurisprudence and Law, and a comparative jurisprudential study on the balance between personal freedom and public interest in the economic field |
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Supervisor |
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Prof. Samia Abdullah Bukhari |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1443 AH
2022 AD |
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Added Date |
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Saturday, January 28, 2023 |
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Researchers
| مي محمد ناقرو | Nakrow, May Mohammed | Researcher | Doctorate | |
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