Master Thesis
Student:Zahra Ibrahim Khan habeb kurde
Supervised by:.Ass. Prof. Dr Drgham Karim Kazem Al- moussawi
Major: Sharia and Islamic Sciences
Publish Date: 2019
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Praise be to Allah, the Lord of the Worlds, and prayers and peace be upon Muhammad and his good and pure family, lasting prayer until the Day of Judgment and after. There are fundamentalist ideas of the many questions and theories put forward by the scholars of the origins, but not all are suitable to be independent scientific research, but some of them that have a clear impact and influence in the science of assets, and the research I have dealt with is one of the ideas addressed by the fundamentalists and in particular Mr.Al- Sadar in the form of a comprehensive theory and clear result of the search in the provisions of the virtual, the possibility of making them and reconciling them with realistic judgments. Mr. Al-Sadar explained the theory of contention conservation clearly, by standing on the fact of virtual provisions, and how to reconcile them in terms of principles and owners that require legislation, while other fundamentalists were unable to do so. It is also different from the crowding of the angel and the representative, because the crowding is in the presence of the Almighty in the place of preserving the real purposes of the legislations, causing confusion among them at the taxpayer, and it is not possible to distinguish between them because they do not reach it with their initial addresses, When the Lord is in the position of preserving such legislation, after the Lord has lost certain realistic judgments that are unavoidable, he balances between his real purposes, the most important of which is the important, the other legislation to preserve the most important purpose, and the loss of some of his other real purposes.
The theory of overcrowding has a great role in solving many of the problems facing the science of assets, because it provided the correct interpretation of some secondary and state rulings and the system of punishment, punishment, jihad and other provisions that suggest the occurrence of evil against the taxpayer. ABSTRACT B The purpose of the research is the reason for the emergence of fundamentalist theories and their impact on the science of jurisprudence and the refutation of fundamentalist studies, which shows the idea of overcrowding, the study of its principles, its importance and its impact on jurisprudence. This idea was scattered among the books of the fundamentalists.
The fundamentalist ideology, especially the imam, has authenticity and modernity in dealing with the facts and incidents that most of the diligent people failed to find solutions to, and through the research on the issue of overcrowding conservation came out with the most important results:
First: The reason for the emergence of fundamentalist theories, including overcrowding conservation as a result of the problems raised about making the provisions apparent, and how to combine and reconcile them with the factual provisions, and whether work according to the apparent judgment is rewarding or not? While through the preamble that the work of virtual judgments rewarding and projected to the judiciary, whether the emirate or origin work.
Second: The idea of contention conservation existed between the folds of the old fundamentalist books, but did not deal with them separately, in depth and detail, as addressed by the late and especially Mr. Sadr, where they dealt specifically and clearly and how to obtain them, which called for what the chest is the building that he adopts Building the right of obedience is to expand the compliance with the taxpayer to ensure that he complied with the assignment addressed to him by the Almighty.
Thirdly: the reason for the enactment of the de facto ruling is the same as the reason for the rule of virtual governance, and the principles and powers of the virtual rule are the same as the principles and the actual rulers. They are also of such importance that the Lord does not accept their negligence and failure when some real judgments are mixed with some More importantly.
Fourthly: the apparent provisions are subject to the preservation of real judgments and not contrary to them, which showed us the theory of overcrowding conservation, virtual provisions have made a means to preserve the real provisions, and ensure the purposes for which these provisions were initiated, while the other theories failed to articulate this while The theory of ABSTRACT C overcrowding has managed to deal with many things, because it started in its establishment of the same legislation, which made it consistent with those legislations and explained and disclosed.
Fifth: Mr. Sadr reached the reality of virtual judgments, how to make them by the Lord, and the nature of its principles, while the rest of the fundamentalists have only shown that the provisions of the provisions of the virtual legitimacy in the case of doubt and hesitation in the provisions of real distinction between them without the statement of the reality of these provisions.
Sixthly: To make the apparent judgments as a result of the contention between the real provisions, and signed the dispute about making them, some of them said: the impossibility of making the provisions of the apparent as the son of a dome, and some of them said: can make it as the fundamentalists went to, including Mr. Sadr, It is possible to say the necessity, but the inevitability of making it because the occurrence of contention between the real provisions in the place of preservation inevitable result of the overcrowding conservation and this contention itself requires the enactment of a virtual rule through which the preservation of the most important purpose or otherwise led to the denial of the purpose of the Lord, and this is not possible at all.
Seventh: There was disagreement among the fundamentalists in the search for the parts of the provisions of virtual judgments, in how to differentiate between the provisions of the virtual gate in the door of the emirate and the subject of the door of assets, we find that the Miraza Naini difference between them on the basis of the type Almjall in both the door of the emirate and the door of practical assets, In this case, this distinction does not justify the saying of the famous among the fundamentalists: that the fixations and supplies of the Emirates for their arguments are an argument without practical assets, and this is a fundamental objective of differentiation; It is a matter of emotional science, not the science of worship. This differentiation by the Mirza has no clear evidence, just as the street can make the thought as a knowledge of the argument of completion It can make the assumption that science is not considered an argument, and there is no evidence of weighting one of the other. The research shows that the correct distinction between the apparent judgments of the emirates and the practical assets is that of the objects and the owners on the basis of which the authoritative authority of the emirates is different from the originals, because they differ from each other. , And this is required by the same Kashif formative and in the assets, where the importance of the potential regardless of the extent of what reveals the reality, and this alone to disperse without the need for a presumption, and therefore can be directed and justified in detail in detail between them in terms of authentic fixers and supplies Marat and its non-existence on the basis of the assumption of a contention of conservatives requires the Lord to balance his interests with his real purposes, and to measure each other, by weighing the most important angel in his eyes; because he knows the importance of his purposes and on the basis of which makes the authoritative in the place of the preservation of its legislative purposes, Potential power The supplier was a manager, although it was important to note whether the resource was already present, whether or not observed with potential strength.
Eighth: The theory of overcrowding also has a great role in interpreting the system of worldly punishments and reconciling them with other legislations within the framework of the Islamic system. This legislation stems from the preservation of public order and the rights of the community and individuals. It also led to the emergence of some evils that do not satisfy the street. But in some cases the struggle for preservation is between the interest of preserving public order and the evils that arise from the application of sanctions to individuals. By keeping the most important purpose, these punishments are initiated because they are a means of ensuring the application of divine legislation. One rentier are all consistent with each other fully harmony; because most of this legislation is the inevitable result of the occurrence of overcrowding in the place of conservation between the real purposes of the provisions of the initial realism, it is understood from keeping the most important purpose.
