قاعدة "يحدث للناس من الأقضية بقدر ما أحدثوا من الفجور" وأثرها في الفقه و القانون الأماراتي
The rule of "sentencing to the people depending on the cause of immorality they committed" is considered one of the legal policy rules which organize relationships among people and lead them towards righteousness and integrity and avoid evils and corruption in all fields of life in the new...
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| Format: | Thesis |
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| Summary: | The rule of "sentencing to the people depending on the cause of immorality they committed" is considered one of the legal policy rules which organize relationships among people and lead them towards righteousness and integrity and avoid evils and corruption in all fields of life in the new circumstances, cases and situations which have not occurred before. This doctrinal basis empowers the ruler, the judge and the Mufti to enact laws and declare judgments and fatwas which fit the reality and harmonizes with this incident considering the Sharia purposes and grants the Mufti freedom of consideration and gives the ruler freedom to enact legislations and laws which ensure achievement of justice and prevention of injustice. The purpose of this study is to show the significance of rule of "sentencing to the people depending on the cause of immorality they committed" and to prove the legitimacy of this rule by showing a lot of evidences which confirm it, and to show its applicability in Emirate's Law . This study adopted the inductive approach, the analytical approach, the comparative approach and the deductive approach. This study is concluded to the following results : to prove that the rule of "sentencing to the people depending on the cause of immorality they committed is a fixed argument and strong evidence used by Mufti to state his fatwa and by the ruler to enact laws and regulations and by the judge to issue his judgments, and the application of this rule in deferent sections of jurisprudence, and to identify the importance of this application by clarifying how to apply this basis specially on the new cases, and its influence in the Emirate's law. law that is used in Arab Emirates Union which depends on Maliki's doctrine. This doctrine is considered as a main source of legislation used in Emirates as well as the pillar of Islamic jurisprudence |
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