السياسة الشرعية في الاحوال الشخصية في الداخل الفلسطيني والقدس
Date
2020-08-11
Authors
رائد ابراهيم خليل عوض الله
raed ibraheem khaleel Awadallah
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Publisher
Al-Quds University
Abstract
The study dealt with the topic (Shari'a policy in personal affairs in the Palestinian interior and Jerusalem), as it included an introduction, an introductory chapter, three chapters, a conclusion, and indexes. In the introduction, it dealt with the reasons for choosing the study, its problem, the approach followed, previous studies, and its plan, and in The introductory chapter dealt with an overview of the Palestinian interior and Jerusalem, and the impact of the occupation on the changes that took place on personal status in the Palestinian interior, and in the first chapter it dealt with the concept of legal policy and its controls, and in the second chapter it dealt with issues related to marriage and divorce, and in the third chapter it addressed issues related to inheritance, and issues that It has been studied in these chapters, some of which aim to find legal exemptions according to the legal policy in the face of laws that violate Islamic law in the Palestinian interior, and some aim to clarify the legal provisions of the legal policy according to the change of time and situation in the Palestinian interior and Jerusalem. The study concluded with a conclusion containing several results, the most prominent of which are: 1 - Working with legal policy is not limited to the Muslim ruler, but may be replaced in our time by other parties, such as a Fatwa Council of Trust, or a group of Islamic Sharia scholars. 2- The legal policy requires that the occupation's complaints are prohibited, or resorted to in matters related to the following laws: The Divorce Law - the Law on Equality between Women and Men in All Rights. - The law of considering the adopted son, as the natural son of inheritance. And to provide some recommendations, most notably: - Calling the family in the Palestinian interior to form a committee composed of scholars in Islamic law and tribal elders, which is concerned with the judiciary between people in disputes, especially in the matters covered in this study, and that if resorted to the courts of occupation, it will be judged in contrast to Islamic law , Provided that this committee is an alternative to the occupation courts that a Muslim may consider resorting to in order to obtain his right.
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Citation
عوض الله، رائد ابراهيم. (2020). السياسة الشرعية في الاحوال الشخصية في الداخل الفلسطيني والقدس [رسالة
ماجستير منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-
scholars.com/498061