Master Thesis

Student:Worood Ali Abdul Hussein Al- Barqawi

Supervised by:.Ass. Prof. Dr Drgham Karim Kazem Al- moussawi

Major: Sharia and Islamic Sciences

Publish Date: 2018

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Praise be to Allah for the full grace and permanence of virtues , prayers and peace be upon the honorable creation Muhammad and his households the best and purest among mankind. After relying on the Almighty Allah and depending on his help and the reference of the supervisor who follows the research step by step .

we can summarize this modest effort with the results reached as follows:

• The rule of kindness is one of the important and broad rules that enter into multiple fields and in various quarters . It is defined as a branch based on the basis of divine justice in the science of speech . It is meant by the awareness of the mind for what is being obligatory for Allah as being fair and call it kindness polite.
• The kindness of Allah is to make the mandate of the infallibles ( peace be upon them ) on people and this is a kindness of Allah , because they are the means between people and Allah , and the mandate of the Faqih in terms of the mandate of the kindness of Allah as derived from the mandate of infallible ( peace be upon him ) in the absence of infallibility , it is attributed to the Wali al-Faqih who has all the traits needed , because he is a deputy to him and in terms of their multiplicity , they are also kindness , as shown in the research .
• The rule of kindness is one of the branches of the theory of improvement and rationalization of the mind and that is not hidden for anyone because of the importance of the theory of improvement and rationalization of the mind and this theory is concerned with speech and has a relation with the main issues in the science of speech , but entered and influenced the science of assets and jurisprudence and various aspects This was reflected on the basis of kindness and had the same effect and the same overlap with the rest of sciences , because of the overlap of science among them , especially the Islamic law which is characterized by this obvious overlap .
• The Almighty Allah has created mankind for so many purposes among which is to worship Him , and for the importance of worship and because the Almighty Allah knows the nature of his creation , He legislate them legislations and clarify provisions for them and all they need for. In all this , the Almighty Allah took care of everything for the sake of His creation and this is part of His kindness to them . Thus, the provisions were easy and it took into consideration the aspects of strength and weakness in human beings and give priority for their interests over everything , and take over ruling on interests 211 and disadvantages , that’s why He ordered for what’s good for them and prevented them from being corrupted.
• Its one of Almighty Allah’s kindness that He made the provisions of legitimacy variety and variability varied so as not to restrict the diligent in the development of Sharia rule with certain evidence , because it may not lead to the disclosure of the legitimate ruling will remain diligent without result and remains the charged person ignorant of his legitimate position , that’s why Allah’s kindness will prevent such a thing and it will never happen . Therefore , the provisions varied into realistic and secondary , evidence is also varied , the four permanent evidences are followed by the secondary evidence , such as the practical principles that have been made to facilitate and alleviate the suffering of the worshipers because there are many uncertainties and ignorance especially in these times according to the evolution of human nature . Hence , the diversity of judgments and evidence according to the circumstances a charged person pass by.
• The rule of kindness influenced the science of assets and had a clear influence in some fundamentalist issues , including the parts as well as innocence and consensus , and that the parts is alleviation and facilitation of the worshipers and this is only means kindness. And on the part of the innocence we say because of the many cases of uncertainty and ignorance in some of the provisions , especially the modernity , is it without a position if it doesn’t have a definitive evidence whether it is allowed or forbidden . We said innocence of duty and duty of the charged person of default and be safe from the final punishment in the day of Judgment , because it is an ugly punishment without a statement . These are the main important rules in the science of assets , which have the roots of words . Thus the innocence and being safe from punishment is nothing but it is also kindness from Him. As for consensus , it is also the kindness of Allah that if the scholars gather on a specific provision and it is not correct or in which there is a violation that may be hidden from them , it is a kind of Allah to prevent them from this consensus
• The rule of kindness influenced the science of jurisprudence and all its branches had a clear impact in the branch of worship because Allah charged 211 us according to what we can do and does not charge us things above our power and didn’t impose costs on us because of injury and embracement , but vice versa He gave us all we need.
• The rule of kindness affected the branch of transactions are also benevolent on the kindness of Allah the Almighty , and Allah put the right of transactions and prevented us from the unnecessary transaction that are not beneficial to people and can harm us, and Allah made broad rules for such transactions and it affected the way people deal with each other and even with the non-Muslims so as not to fall into distress and embarrassment and we know the importance of such transactions in people’s life as many other things depend on it .
• Throughout the rule of kindness it was very velar that Allah the Almighty has put the punishments as a kindness from Him to the worshipers because the punishments were put for the general benefit of the society and to save people’s rights to have a community free of crimes and irregularities which lead people to unwanted problems .
• Life is in a continuous evolution , events and discoveries are going on . Thus , a charged person needs to know what is new concerning such discoveries and the rule of kindness took its role to answer such questions , Because Allah’s kindness will never let people puzzled about such things , and the so many Hadiths being taken from the Ahlu-el-Beit ( Peace be upon them ) took these things upon themselves , that’s why there is nothing happened without its suitable provisions which are taken from the Holy Quran or Shuna .