اختيارات الإمام الشوكاني في الحدود والتعازير من خلال كتابه: السيل الجرار - دراسة مقارنة

Abstract

Abstract Proceeding from the prominent role of the Imam Shawkaani in Islamic jurisprudence chose researcher among Islamic schools Faqih (Imam Shawkaani choices in the border and Altaazermn through his book "The Torrent jars" Comparative Study), where male researcher Imam Shawkaani choices in a statement border issues and Altaazer with revenue as stated in the Penal Code Iraqi and Sudanese criminal law with enlightenment views of the scholars of the doctrines of the people approved of the year. Therefore researcher section structure Find an introduction and four chapters and a conclusion, as stated in the first chapter the basics of search of its importance, and the reasons for choosing the topic, and his problem and research objectives and approach, and the limits of research and tools, and questions, and the terminology, and previous studies. As the researcher in the second quarter definition Imam Shawkaani and his book (Torrent jars) and the legal and the Iraqi criminal Sudanese Penal, where touched researcher to introduce the Imam Shawkaani, including the scientific case, and the political, social, and personal life to him, as well as the definition of his book (Torrent jars) and choices, The definition Bakanona Iraqi and Sudanese criminal penalties. As the researcher in the second quarter definition Imam Shawkaani and his book (Torrent jars) and the legal and the Iraqi criminal Sudanese Penal, where touched researcher to introduce the Imam Shawkaani, including the scientific case, and the political, social, and personal life to him, as well as the definition of his book (Torrent jars) and choices, The definition Bakanona Iraqi and Sudanese criminal penalties. Turning a researcher in the fourth quarter to Imam Shawkaani choices and attitude legal Iraqi Criminal Sudanese sanctions in Altaazer, through mention the legality of discretionary and wisdom of it, and the reasons for it is obligatory, and the statement of the terms and obligatory statement types, described, and how to prove in Islamic jurisprudence and choices Shawkaani, as noted researcher guarantor in discretionary judgment, and killed the magician discretionary, as well as discretionary said in a legal Iraqi and Sudanese criminal penalties. It was part of what contained the conclusion Find a set of findings and recommendations and proposals that have been reached, including the Imam Shawkaani dependence on the Quran and Sunnah and the consensus, as agreed with the four schools in some issues and disagree on some of them, and himself in the other some of them, in addition to the trophy Iraqi did not take into account the principles of Islamic law in predominantly of laws enacted in the door of the border and Altaazer other than legalized where Sudanese have taken into account the principles of Islamic Sharia.