Document Details
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Document Type |
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Thesis |
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Document Title |
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The Legislative Comparisons Between The Islamic Jurisprudence and Secular Law المقارنات التشريعية بين الفقه الإسلامي و القانون الوضعي )دراسة تأصيلية |
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Subject |
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The Legislative Comparisons Between The Islamic Jurisprudence and Secular Law |
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Document Language |
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Arabic |
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Abstract |
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This study investigates the legislative comparisons between Islamic jurisprudence and ordinance laws, in terms of rooting this important knowledge process, supported by some applications that explain such rooting.This study consists of introduction and four chapters, an introductory chapter and three theoretical chapters. The introduction includes: The research importance and the literature review, and what is the characteristic of this research compared to other researches in this field, and the most important difficulties faced by the researcher, and finally included the research methodology and research plan. In the introductory chapter, explains the meaning of Islamic jurisprudence, ordinance law, the position of jurisprudence and its view on ordinance law, and the rules of the ordinance law, and the meaning of the terms (comparison) and (legislation). In the first chapter, the researcher began to ordinate the process of legislative comparisons by integrating them into a knowledge-based rooting system in the form of (legislative comparison science). This chapter was devoted to this issue and then applied the ten principles that created by our jurisprudents – May God mercy be upon them – Then started defining the Legislative comparisons science, and studying the subject and its benefits, and its relation with the rest of other sciences and advantages, and who put it, and its name, sources, legitimate rule and issues. The second chapter includes the legislative comparisons and their development, within the framework of Islamic jurisprudence, and then within framework of the ordinance law, and then within the framework of comprehensive wide field of knowledge between Islamic jurisprudence and the ordinance law, detailed as in between the middle and after the thirteenth century of Hjjrah, for objective reasons implying discussing of the issue. In the third chapter, researcher began to show the issues of this science, which is divided into two parts:First: The issues related to the legislative comparison in terms of and represented into five issues: The elements of the comparison, their types, sources, methods, and legal rules.Second: The issues of how to use the legislative comparison, which includes four issues: The transfer of comparative legislation, the manufacture of legislative products, the classification of the comparative legislations, and the consolidation of the comparative legislative systems. In the end of the research listed the most important findings of this research, followed by multiple biographies and indexes serving those who want to benefit from this research. |
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Supervisor |
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Lotfi Amer AlNafti |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1438 AH
2017 AD |
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Number Of Pages |
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565 |
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Added Date |
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Saturday, July 27, 2019 |
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Researchers
| محمد سعيد الحمراني | Alhomr, Mohamed Saeed | Investigator | Doctorate | |
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