Year:2022   Volume: 4   Issue: 5   Area:

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Zainab Hussein SALEH

THE JURISPRUDENTIAL WEIGHTINGS OF AL-ALLAMAH AL-HILLI, MAY GOD HAVE ‎MERCY ON HIM (T.: 726 AH) IN THE GUARANTEE IN HIS BOOK “THIKIRA AL-‎FUQAHA” A COMPARATIVE STUDY

The rules of guarantee are of great importance in the provisions of Islamic ‎jurisprudence, and what is the urgent need of man for these rules, so the researcher ‎believes that it is necessary to highlight these rules and bring them closer to the ‎reader in a way that suits his mental level, and because the rules of guarantee affect ‎the damage, or infringement of people’s rights, whether on money or souls, The ‎research shows the means of preserving these rights and what is required of the ‎destroyer of legal provisions and protects people's rights from infringement or ‎damage‏.‏ In order for every person who is charged with his money to know his rights and ‎duties, and work to preserve his rights, and protect the rights of others, and Sharia ‎works to preserve people’s rights and ward off corruption from them‏.‏ The guarantee is legislated by the Book, the Sunnah, the consensus and the ‎reasonable. The pillars of the guarantee are the guarantor and the guaranteed, and ‎the place of the guarantee, as well as the types of guarantees: the jurists divided it in ‎terms of length and commitment, namely the guarantee of the soul, the guarantee of ‎money, and the guarantee of notables. And the spoiled and usurped, and the seizure ‎of money and other releases, and the compensation for damages is divided and ‎includes: financial damage, material damage to the human soul, and the guarantee in ‎terms of the elements, they are three: the guarantor, the guaranteed, and the place ‎of the guarantee. This research included an introduction and conclusion, and three sections, the first ‎included an introductory overview of the life of the scholar, and the second topic ‎included the definition of the guarantee, its pillars and its legitimacy. that you have ‎reached‏.‏

Keywords: ‎(Al-Hilli, Jurisprudential Weightings, Guarantee, The Jurists' Ticket).‎

http: //dx.doi.org/10.47832/2757-5403.16.20


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