مبدأ الحياد في الفقه الإسلامي : دراسة فقهية تحليلية تأصيلية /‏

This study aims to discuss the essence of the principle of Neutrality, its status and equal principle in Islamic jurisprudence. In addition, the discussion touches on the issues around the elimination of the idea of the twofold country (Taqsim Al-Ma'murah) and the possibility of the covenant co...

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Bibliographic Details
Main Author: Abdul Hakim bin Baharudin (Author)
Other Authors: عبد الحكيم بن بحر الدين
Format: Thesis
Language:Arabic
Subjects:
Online Access:http://studentrepo.iium.edu.my/handle/123456789/9927
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Summary:This study aims to discuss the essence of the principle of Neutrality, its status and equal principle in Islamic jurisprudence. In addition, the discussion touches on the issues around the elimination of the idea of the twofold country (Taqsim Al-Ma'murah) and the possibility of the covenant country (Dar Al-'Ahd) to be considered as a neutral country. In addition, this study goes further into the essence of Neutrality in International Law by clarifying its definition by scholars in this area then examines its evolution, codification, categories, objectives and similar principles in International Law. Furthermore, this study compiles and analyses the scholars' and researchers' views on the issue of Neutrality in Islamic jurisprudence and their evidence to validate Neutrality in Islam. This research also discusses the scholars' view of some historical events especially the history of Ethiopia, Cyprus and Nubia. In the issue of the elimination of the idea of the twofold country, there is discussion on its basis by clarifying the definition of Islamic country and non- Islamic country, comparing the jurists' views on the basic relation between these two countries and exposing the supporters' and oppositions' views on this issue, their evidence, discussion and finally deciding on a preponderant view between the two parties. Then, there is discussion on the essence of covenant, the covenant country and comparison of the essence of covenant and neutral countries in the issue of considering a covenant country as a neutral country in Islamic jurisprudence.
Physical Description:[xxv], 103 leaves ; 30 cm.
Bibliography:Includes bibliographical references (leaves 90-103).