Master Thesis

Student: Zainab Nouri Jalil

Supervised by: Assistant.Professor. Dr. Khudair Jassim Haloub

Major: Sharia and Islamic Sciences

Publish Date: 2021

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Abstract

The science of jurisprudence is for the sake of Islamic sciences in value, the most beneficial, the highest in status, and the most comprehensive treatment and regulation of all aspects of human life. Because of the development of human life and the multiplicity of its fields and complexities, and the materialistic invasion of the world, which caused all kinds of conflicts, disturbances and psychological pressures on individuals and societies, which resulted in many psychological diseases that afflicted individuals of different backgrounds, affiliations, and races. And that mental illnesses are among the calamities that God afflicts whomever He wills of His servants, even the righteous and the people of knowledge among them, and that what these diseases cause may exceed what caused by organic diseases, so they cast a shadow on man, thus affecting his worship, his dealings and his life with his family in particular and his society in general. His reasoning about what may lead him out of the sphere of responsibility, and that whoever is afflicted with such diseases needs to know the legal rulings that entail him, such as As specialists from among the doctors and psychiatrists are in need of a legal basis for many issues related to the rulings on these diseases, and in this thesis I did not discuss all mental illnesses; Because in addition to the fact that detailing these diseases goes beyond the limits of energy, it also requires a more comprehensive and specialized study in which the efforts of religious scholars are combined with psychologists. The premise of this message came to shed light on these jurisprudence provisions.
The importance of the topic lies in the fact that it is one of the topics that relate to an important segment of society, namely the mentally ill, and the need of this segment to know the jurisprudential rulings that result from them as a result of being infected with these diseases, and to clarify that Islamic Sharia is comprehensive for all the calamities and contemporary issues facing man, and to serve the psychiatric patients, their families and specialists, and to facilitate knowledge of the rulings. Sharia law for them.
The subject of (Jurisprudence rulings for people with mental illness) is one of the topics that researchers have rarely touched upon. Therefore, the researcher will seek to find a study that includes jurisprudence rulings related to mental illness in the Imami jurisprudence.

There is no doubt that any work that a person undertakes or faces difficulties and hardships, but by the grace of God and His success and trust in Him, then with the help of the people of knowledge, and my love to succeed in this subject and complete the research in it, God made my task easy, and made my task easy, and I overcame these difficulties, of which I mention:

The novelty of the subject and the lack or absence of sources and references related to jurisprudential rulings on mental illnesses in the Imami jurisprudence, and many of the jurisprudential rulings related to these diseases are divided between the folds of books in the various jurisprudence chapters, which required a great effort in collecting these rulings, and there are issues that I did not find in any of the legal sources; Because it is one of the calamities and innovations, so I directed a number of referendums to a number of religious references between Karbala, Najaf and Qom, but a number of them refused to answer these referendums and some answered some of them without others, and some answered them graciously and I have attached them in the appendix of the letter.
The subject is also closely related to psychology and psychiatry, which requires extensive study and reference to his books and references.

In preparing this study, the researcher relied on the descriptive inductive approach, and the analytical and inferential approach in collecting and enumerating the jurisprudential issues related to the subject, and the researcher presented in the chapters of the thesis the views of scholars and Imami scholars on every issue concerning people with mental illnesses.
The thesis was organized into three chapters preceded by an introduction, a preface, a conclusion and recommendations that included the most important findings of the researcher, then a list of sources and references.

The introduction included the importance of the research, its objectives, previous studies, and the difficulties that the researcher faced during the research, with a statement of the research method and plan.

The first chapter was entitled (Psychiatric illness between Islamic vision and scientific evidence), which was divided into three sections: the first: the soul in the Holy Qur’an and the purified Sunnah, the second: mental illness according to the Islamic vision, and the third topic: mental illness according to the modern scientific perspective.

The second chapter came under the title of mental illness and jurisprudence, which was organized into three sections, the first: legal assignment and capacity, the second topic: madness and its jurisprudence, and the third topic: the basic categories of mental illness and its jurisprudence.
As for the third chapter, it was entitled “Medication from mental illness and its jurisprudential rulings,” which included three sections, the first: “Medication from mental illnesses in modern science and its jurisprudential rulings.” The second topic was titled: “Medication from mental illnesses according to the Islamic vision.” Psychiatric patient.

As for the conclusion, it included the most important results reached by the researcher in this study, and the most important recommendations, and it was supplemented with a list in which the sources and references were established, as well as an appendix of references surveys.

Although the researcher has been careful and careful in what she wrote, she has found and strived to clarify the purpose of this thesis, but now the shortcoming dominates her feeling, so I do not claim the perfection of the work, for lack is one of the characteristics of creatures, and seek excuse and forgiveness and ask forgiveness of God Almighty for every mistake or slip.