القتل الخطأ المانع من الميراث في الفقه الإسلامي والقانون وتطبيقاته في الجزائر وماليزيا : دراسة تحليلية مقارنة /
The goal of this research is to shed light on the issue of the inheritance of the mistake killing in light of the development of manslaughter, and discuss the views of scholars and their evidences based on Islamic law. This is to show the application of inheritance of manslaughter in Algeria and Mal...
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| Main Author: | |
|---|---|
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2017
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8633 |
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| 008 | 170719t2017 my f m 000 0 ara d | ||
| 040 | |a UIAM |b eng |e rda | ||
| 041 | |a ara | ||
| 043 | |a a-my--- | ||
| 084 | |a BPK570.2 | ||
| 100 | 1 | |a سقال، عبد الرؤوف | |
| 242 | 1 | 3 | |a al-Qatl al-khata' al-mani' min al-mirath fi al-fiqh al-Islami wa al-qanun wa tatbiqatuh fi al-Jaza'ir wa al-Maliziya : |b dirasah tahliliyah muqaranah |
| 245 | 1 | 2 | |a القتل الخطأ المانع من الميراث في الفقه الإسلامي والقانون وتطبيقاته في الجزائر وماليزيا : |b دراسة تحليلية مقارنة / |c أعداد، عبد الرؤوف سقال |
| 264 | 1 | |a Kuala Lumpur : |b Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, |c 2017 | |
| 300 | |a [xvi], 122 leaves : |b illustrations. ; |c 30cm. | ||
| 336 | |2 rdacontent |a text | ||
| 338 | |2 rdamedia |a computer | ||
| 502 | |a Thesis (MAIRKFQ)--International Islamic University Malaysia, 2017. | ||
| 504 | |a Includes bibliographical references (leaves 98-107). | ||
| 520 | |a The goal of this research is to shed light on the issue of the inheritance of the mistake killing in light of the development of manslaughter, and discuss the views of scholars and their evidences based on Islamic law. This is to show the application of inheritance of manslaughter in Algeria and Malaysia. The research starts with the discussion on related terminology of the concept of contraindication, inheritance and the statement of legitimate purposes. Then a discussion on the difference of opinions of jurists on murderer and the position of Algerian and Malaysian law are given. This is followed by a discussion on the concept of manslaughter using ordinary and technical terms, as well as its innovation in contemporary reality, focusing on deaths by traffic accidents and modern medicines. This study is also interested in the views of scholars and their evidence in inhibiting the murderer from gaining inheritance and in particular the issue of manslaughter. The evidence is based on the intent of law, and at the end of this research, legal applications to inhibit a murderer from inheritance in both Algeria and Malaysia. The researcher has followed a set of scientific methods: the inductive, the analytical and the comparative methods. Through the inductive approach the researcher examined the views of the scholars, in addition to the extrapolation of legal materials and applications related to death inhibitor error of inheritance. This is followed by sayings of the commentators on this law. Through the analytical method the reaercher discusses the views of scholars and their evidence including observance of the developments in achieving the focus of the issue. The intent of God's revealed law from it is devised. Through the comparative approach, the researcher mentioned points of agreement and disagreement between jurist's on the legal applications to inhibit murderers from inheritance in Algeria. The Sharia court in Kuala Lumpur is used as a model for the State of Malaysia. Through the field study, the researcher conducted personal interviews with inheritance estate managers in order to gather information and understand realistic issues on the subject matter. One of the findings of the research is that the Algerian and Malaysian family law, do not only rely on their own juristic school of thought; they can also take advantage of other schools in utilizing the law. | ||
| 596 | |a 1 | ||
| 655 | 7 | |a Theses, IIUM local | |
| 690 | |a Dissertations, Academic |x Department of Fiqh and Usul al-Fiqh |z IIUM | ||
| 700 | |a Saqqal, 'Abd al-Ra'uf, |e author | ||
| 710 | 2 | |a International Islamic University Malaysia. |b Department of Fiqh and Usul al-Fiqh | |
| 856 | 4 | |u http://studentrepo.iium.edu.my/handle/123456789/8633 | |
| 900 | |a aah-ls-naw | ||
| 999 | |c 441085 |d 472594 | ||
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| 952 | |0 0 |6 TS CDF BPK 570.2 S27 2017 |7 0 |8 THESES |9 856135 |a IIUM |b IIUM |c MULTIMEDIA |g 0.00 |o ts cdf BPK 570.2 S27 2017 |p 11100355629 |r 2019-04-11 |t 1 |v 0.00 |y THESISDIG | ||