1. التدابير السياسية في كتاب السِّيَر عند الخطيب الشربيني في كتابه «مغني المحتاج إلى معرفة معاني ألفاظ المنهاج».
- Author
-
د. نذير عدنان الص
- Subjects
- *
ISLAMIC law , *JURISPRUDENCE , *WARRANTY , *FELONIES , *MANUFACTURING industries - Abstract
This research tackled the concept of legal policy from both sides. The first side says that the legal policy is limited to the strict Sharia that harden some of the penalties in the section of felonies, and it also hardens some of the provisions in jurisprudence chapters that are related to manufacturers warranties and others. The second side says that the legal policy is extended to other chapters of the jurisprudence, making the policy as a jurisprudence that applies the reality and takes into account interests, and is not limited to aggravation, but it is likely to harden, lighten or put interestbased solutions according to the foundations of the policy and full-understanding of Sharia. Regarding this issue, the researcher concluded the preponderance of the second side, which says that legal policy takes part in all of the Islamic jurisprudence chapters, and is not limited to aggravating these chapters, but it is also extended to include applying the Sharia provisions while taking into consideration the reason and the result of applying each provision. The researcher also tackled one example of the legal policy in one chapter of the jurisprudence, which is the Chapter of al-Siyar by Al Shafi’i jurist al-Khatib al-Shirbini from his book (Mughni Al Muhtaj ila Ma’rifat Ma’ani Alfath Al Minhaj) as a model on jurists’ application for the policy rather than the chapter of penalties, and that it is not limited to strict sharia, but it is beneficial transaction that handles facts in a grantee way that has been requested by the glory Legislator. The researcher also concluded from this study the depth of the political personality of al-Shirbini through stipulating some provisions, or justifying the others based on the legal policy. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF