القضاء بالنكول عن اليمين في الفقه الإسلامي : دراسة مقارنة بالقانون الماليزي وإجراءات المحاكم الشرعية في جنوب الفليبين /
This study attempts to highlight the ruling on refusal to take the oath in Islamic Jurisprudence in comparison with the Malaysian Law and the Procedures of Shari‘ah Courts in the South of the Philippines. The study is divided into five parts: a) the nature on refusal to take the oath, b) the applica...
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyat Ma'arif al-Wahy wa al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah bi- Maliziya,
2005.
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8696 |
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| Summary: | This study attempts to highlight the ruling on refusal to take the oath in
Islamic Jurisprudence in comparison with the Malaysian Law and the
Procedures of Shari‘ah Courts in the South of the Philippines. The study is
divided into five parts: a) the nature on refusal to take the oath, b) the
application of the oath, c) the ruling immediately after refusal to take the oath
(except for retaliation cases and punishments (Qīåāå and Äūdūd)), d) the
retortion of the oath to the suspect, and, e) the imprisoning or taking oath within
the time of refusing. This study also attempts to discuss the issues among the
Muslim jurists and lawmakers pertaining to the issue in question, and the
position of the Malaysian Law and the procedures of Shari‘ah Courts in the
south of the Philippines. The researcher uses analytical, descriptive and
comparative methods, by referring to books on Islamic Law dealing with the
related issues and discussions with various authorities including cases from the
Malaysian Courts and the Shari‘ah Courts, which are under the Philippine
government. Opinions of different Muslim jurists are compared and examined.
The researcher utilizes classical and modern sources most of which are written
in English language rather than Arabic to find legal Islamic views on issues
related to this study. Through the demonstration of the previous jurists’
opinions and proofs and discussion of the strengths of their justification, the
study concludes that the ruling on refusal to take the oath is a disputed issue
among the Muslim jurists. However, the predominant opinion is that the ruling
on refusal to take the oath, depends on the merits of each separate case. As
such, returning the oath back to the plaintiff is for the purpose of settlement
(Aula). |
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| Item Description: | "Bahth takmili muqaddama li-nayl darjat al-Majistir fi Ma'arif al-Wahy wa-al-Turath (al-Fiqh wa-Usul al-Fiqh)."--On t.p. Abstracts in English and Arabic |
| Physical Description: | ك، 156 leaves ; 30 cm. Also available on 4 3/4 in. computer optical disc. |
| Bibliography: | Includes bibliographical references (leaves 145-156). |