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Codification of Islamic jurisprudence Omani Personal Status Law model

Codification of Islamic jurisprudence Omani Personal Status Law model *

Preparation: Ismail Hamdan bin Saleh bin Aghbari **

Submitted

Every nation strives for the enactment of laws, and the development of systems derived from communities and environment suit and culture prevailing in these societies. If so it does not repulsion between the law and the culture of society; because it may take. As these societies evolve development time in all aspects of political and economic life, social and intellectual; legislator or legalized reviewing those legal materials between different periods, who shall modify as required, or in addition to, and renewal.

The secretions of life, and overlapping interests of the people sometimes tainted items of disagreement and difference calls for the enactment of laws governing such life, and to find solutions appropriate to the target environment. It must be formulated briefly these materials in the form of paragraphs guided to easily and conveniently ruling attorney Almthakm, and even the general public.

Have produced the Renaissance and the modern boom in Europe's major developments for the benefit of those communities, but also created between the members of these communities many cons, Vtsdy wise those communities laws Vetoatúa enacted rule, to Athakmon, content Mstmedin from the environment in which they will be applied.

The law is the itinerary of communities, and we must be its articles free of ambiguity, hence may say that the law does not protect non-attentive to him.

Which distinguishes Islamic durability and suitability, and God addressed the associate should be referring to them, they feed systems and laws Summit.

Not prejudice the era of medieval Islamic scholars diligent or imitators, not least because of this enormous wealth jurisprudence, and jurisprudential contend folders, some of which exceeded ninety part as Sharia dictionary containing roads Alosaah Jamil bin Khamis al-Saadi(S 13 e)([1])And Shara statement which exceeded seventy part of Mohammed Bin Ibrahim Al-Kindi(T. 508 e)([2]), A book workbook that exceeded forty part to Abu Bakr Ahmad Canadian(T. 557 e)([3]).

Contend this wealth jurisprudence on Islamic library, annotations and Eragiz and shortcuts, containing thousands of words hardworking and imitators, the statements and opinions regardless of doctrinal evidence many of which force. As these words do not come out all right but they scattered in different books of fiqh, many of which are making it difficult to access to specialists in Islamic sciences, as well as an initial public other disciplines. These words may not be commensurate with the age, though رائقا in bygone eras. It may be argued in an era of bygone eras deserted or odd, but it could become the word راجحا day.

The lack of activation of many Islamic jurisprudence doors lead to Rcn and rigidity of those doors, and come activating only Btejerha which according to what suits the times, and by drafting in legal templates and easy reference materials.

The Islamic law in the country derives from Islamic jurisprudence; because it appeals to people of the Islamic religion and culture, and commensurate with their needs, and is the closest to solve their problems. The call to codify the doctrine is his service, and to encourage people in it, and remove it from the books to the wide space.

The multiplicity of words jurisprudence in case one is a healthy phenomenon, allowing governors command after Chaoarham with specialists Choose the most correct with the times, and the closest to the spirit of the law to become people to it when adversarial rather than becoming the materials and systems have nothing to do by Muslim societies and culture environment.

The question of legalization of Islamic jurisprudence are issues worthy of research, one of the issues the new and controversial among the people themselves legitimate jurisprudence as do many of the contemporary issues that raise at the beginning of its appearance, taking in response, then soon people that Atqubloha well received.

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بالتقنين definition language and idiomatically:

Rationing language: Law: The measure of all things and the way. And origin: Romy and was told: English.

Rationing in terminology: There are several definitions of terminology of the meaning of rationing:

  1. Drafting provisions in the form of legal materials numbered rank along the lines of modern laws of civil, criminal and administrative([4]).
  2. Arafa Zoheily: Drafting the provisions of the transactions and other contracts and smoothed her theories and the University for its framework in the form of legal materials for easy reference([5]).

3. Formulation jurisprudence same subject, which did not leave applied to the selection of people in peremptory terms, distinguishes including serial numbers, and logically arranged, away from the redundancy and inconsistency.

Perhaps the latter definition is the closest to the meaning of rationing, there are single-subject laws as they relate to personal status (Family Affairs), And there are those relating to the status of criminal (Border crimes), Including those related to trade, including with regard to politics and governance, and the devolution of power.

The people, especially when referring to the adversarial have no option but to accept what utter ruler or judge of materials and paragraphs of that law; because binding provisions of judges, the fatwas of Muftis Vmwalimh.

These materials have been arranged in a manner similar manner eating scholars of the subject; example personal status laws begins his sermon and provisions, then marriage and the rights of spouses, then divorce and Alela and dislocations, then the nursery, to last that sequence, but what distinguishes these paragraphs brief and limited mostly to say . This material formulated in a manner commensurate also age.

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Is rationing novelty, or has its origin in Islamic jurisprudence?

The theme of rationing Islamic jurisprudence of topics emerging, he tried many who adopts Thread to find what became the anchor supports its point of view, though cited some of those evidence which cost clear, the touch some of what looks like flashes or attempts to codify, including:

(أ) أورد المؤرخون أن الخليفة العباسي هارون الرشيد أراد أن يجعل من موطأ الإمام مالك بن أنس معتمدا للفقه والفتوى، وذلك بتوزيع نسخ منه في الأقطار، وإصدار ما يشبه اليوم بالمراسيم السلطانية أو الملكية أو الجمهورية ليكون كتاب مالك ملزما؛ لكن مالك بن أنس لم يرتض هذه الخطوة، لأن فقهاء الأمصار قد توزعوا، وشهرت أقوالهم، والناس ارتضوا مسالك أولئك([6]). The era in which the owner lived was a golden age, has contended the Diligent scholars from different schools of law, in addition to other sciences boom. The doctrine then in the birth continuously until it becomes later was turned on its market, and promises intensified. Note that the Islamic state in its time immemorial has not many and not large transactions with non-Muslim countries, but those countries lack the organization entrusted. Aaron's proposal may gain legitimacy if he agreed to Imam Malik, has become a milestone in the idiosyncratic if rationing doctrine became the owner of a doctrine mandatory for people in matters of their lives.

(With) مجلَّة الأحكام العدلية، والتي أصدرتها الدولة العثمانية عام 1869م، واحتوت على 1851 Substance, material was taken from sources Hanafi, who Ottoman caliphs. And took this magazine binding in much of the Muslim world, which means that the Hanafi jurisprudence is the doctrine that governs the rulers, the people without other Islamic schools of jurisprudence other, and perhaps the first practical experience in the way of codifying Islamic Jurisprudence.

(T.) Counsel for a group of Indian scientists India, and try to codify themes of worship and transactions and penalties.

(W) There have been attempts to legalize a personal:

(1) Muhammad Qadri Pasha projects of:

(أ) Morshed Hieran to knowledge of human rights in the transaction, and this is derived from the jurisprudence of Hanafi, and reached its articles 1045 Material.

(With) Legal provisions in the Personal Status Hanafi.

(T.) The law of justice and fairness to eliminate the problems of endowments, and consists of a 646 Material.

(2) Journal of legal rulings on the view of Ahmad ibn Hanbal author Ahmed bin Abdullah Continental, which contain 2382 Material.

(3) Summary legal rulings on the doctrine owner Mohamed Mohamed Amer.

(4) The establishment of the Islamic Research Academy in Egypt rationing transactions on the four schools([7]).

The rationing on this concept is like a guiding regulations followed by the Muslim community. The This rationing بمفهومنا reflected common through the appointment of Abu Yousef al-Hanafi in the position of Chief Justice in the reign of the Abbasid state,, Abu Yusuf was appointed as a judge or a reference to the caliph only if Hanafia or at least close to the tap([8]); Which means that referring disputes and the judiciary does not come out only on assets and tap branches Gentlemen, this is rationing even in the broad sense. And ارتضاء doctrines without four others in the government, the judiciary, a private advisory and teaching days of Saladin is a kind of rationing. And ارتضاء State to take a certain doctrine is a form of rationing, and the adoption of certain books in the doctrine of what kind of rationing. And probably take from words in the doctrine of what kind of rationing.

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Importance of rationing and motive

The world today tomorrow village miniature, is no longer a term called the relationship between the House of War and Dar al-Islam is dominant; but overlapped nations and peoples, rather than through diplomatic relations and consuls, but has among nations and peoples, regardless of religious affiliation, ethnic and linguistic ties and close, . There is cooperation between countries with respect to the crimes, and knowledge of the mechanisms of litigation and how judgments. And varied ranks and levels of courts of first instance and graduate, grievances, and there are courts which is another military and civilian. In order to provide the greatest possible justice system was introduced the legal proceedings and.

This openness to the world and the overlap between the nations and peoples and countries, as well as the changing patterns of the judiciary free from the usual situation of complexity, and that could have been for the judge to spend in the mosque or home or other([9]), With a position to decide on the issue at his watch just to hear witnesses or the presence of evidence to other styles to eliminate its prestige, and to place its privacy.

It was not attorneys and advocacy of eliminating supplements, but a necessity that justice. Single judge is no longer govern with respect to worship and transactions and felonies, his family civil law, commercial law his family as well as. No longer justice matters confined in a dispute over legs or arch or window overlooking House of role, not only discounts people on what modesty of things; but the necessities of the times, and scientific and technical progress resulted in problems and the latest complex issues not only between individuals, but between states also .

West has the latest laws regulating relations between its members, and created materials like broad lines knows which opponents their money and what they, and these laws are derived from the environment.

I have excelled Muslim jurists Bastfraghm الوسع and بذلهم effort in view of the provisions, not least because of this wealth jurisprudence created by schools of Islamic jurisprudence, has multiple words of Imam same question, even up to three times, and so would the people of his doctrine of hardworking, as well as concerning the people . This means in our present difficulty of access to these multiple words per issue, in view of the need of time to search for in multiple parts, as it is hard to normal differentiated or Choose the most suitable.

As a lawyer and Almitraf Trafh Join to know the basis on which will be judged by a judge or the line that will run things stand; knew not to say that the judge became the law is vague. Also, these sentences in the Muslim world will not be confined in it, but that those provisions and documents may need to be reflected in non-Muslim countries, can not be a non-Muslim to ask him to return to the stomachs of books, and vomiting is made to guided to power through those folders.

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The relationship between word between passport compel the judge a particular doctrine and rationing

I have dealt with scholars question passport oblige guardian judge Muslims that governs according to a particular doctrine, some of them do not see that it is permissible; because at that restrict the freedom of the judge, which are specifically conditions judge with justice and adulthood and the mind, and the requirement prejudice condition, another should be the fact that . Velzamh elimination according to the doctrine of a certain means to disable what could be reached by the diligence of the provisions.

And a host of other Muslim jurists do not see anything wrong with the judge's commitment to a particular doctrine يستحضره to judge between people according to rules to be so famous doctrine in that town or the state until the letter said Alraeina Maliki: (And working people of his country, forbidden to deviate from that doctrine though diligent diligence tool to go out with him, تهمته be leaving Haifa or Hui. This view is the work under the policy, and the assets may be otherwise, and project follow industrious appropriate diligence)([10]).

Those who follow the history books, especially the history of the judiciary finds that this view is that prevailed in the judiciary, the guidance and not be not less than to be collusion. Previously have passed the judge Abu Yusuf al-Hanafi when he was appointed to the judiciary not to Abu Yusuf appointed unless he doctrine or at least close to it, as well as it was during the reign of the Ottoman Empire. Perhaps this explains one of the reasons for the spread of the Hanafi school and flung fame. This Muslkmamol him to the present time in a number of Muslim countries, including a number of GCC;, a number of them do not come out the judges in their rulings except for the official doctrine, and some of these countries are keen to hire judges immigrants from Sudan, Mauritania and North African countries .

The commitment doctrine particular in the judiciary and the fatwa is a type of rationing, and as those who say so are those who have made solid in science may also say codify jurisprudence; difference only that those did not call it legalization, as well as did not listen materials jurisprudence in the form of templates and phrases brief.

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Evidence rationing passport Jurisprudence:

I tap the Sayers codify Islamic jurisprudence passport verses from the Book of Allah, and they develop some of the provisions of the jurisprudence and jurisprudence, and this evidence:

(أ) Verses function on the necessity to obey it is not violating a legitimate interpretation of the meaning: ) O ye who believe, obey Allah and obey the Messenger and those of you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and the Last Day so good and better interpretation (([11]). These materials taken from Islamic jurisprudence especially those related to personal status, marriage, divorce and inheritance and to other conditions, it is not in this Shari'a Issadm laws of Islam; said Allama Muhammad bin Ibrahim Al-Kindi(T. 508 e): (. . . Is that everyone of Muslim jurists that ينقادوا and surrender to the rule by the Oulu matter whom the opinion of opinions, and be the rule reverting, and ordered him to the obedient, though bucking his views unless ruled otherwise the rule book or violates the provisions of the year, or a judgment other than what met him )([12]). Canadian confirmed that this is the opinion of the approach that Abu Obeida al-Tamimi(T. 145 AH)([13]).

(With) These laws taking into consideration material suitable for the era and the environment, which is what Mohammed bin Mahboob (T. 260 e)([14]), Said: (Governor to his dire need of saving; because he had received from the things you do not want it measures the effects together, and consider the difference between its assets and its subsidiaries)([15]). The Imam explained Salmi (T. 1332 e)([16])Liquid adequacy of a ruling to the neediest him look to its impact by saying: (If the rule of its effect, and violates what necessitated the case has become a great evil; ruling because in that case the impact if viewed this case sentenced him unlike the past, ruling Fujb closer look at the issues). Pamper Imam God's mercy on the subject estimate alimony contained in the books of the ancients, and pointed out that he can not be estimated alimony, not article by previous estimate([17]). Articles of the law which takes into account what proportion and age, as they are subject from time to time for revisions and additions.

(T.) Judgment ruling boycotted the dispute, and this is confirmed by scholars if there were many opinions to the same question, it was not for the agreement; had guardian choice what he thinks of those views, and everyone delivery to his opinion, decisive for the substance of the conflict, said Muhammad ibn Ibrahim Canadian: (If the rule governing a consensus Annagadt his parish like the teeth of a comb)([18]).

(W) Work fatwa Mufti era, an issue discussed Ibadi scholars in jurisprudence, and mean tradition Mufti era and taking his opinion, even if it goes science masters who preceded. They observe Any other conditions, and any issues that might can not be absorbed by the views of scholars hardworking former subsequent era. Has walked on this approach with evidence that the Imam Jabir bin Zaid (T. 93 e) His words were in his time is used, then when he was succeeded by his disciple Abu Obeida al-Tamimi (T. 145 AH) A member of the sayings of Abu Obeida tightly without others, like never Sheikha statements, and what devolved leadership jurisprudential right for the combined spring Bin Habib (T. 170 e)([19]) Became his statements are approved without the other; the people jealous became according to the opinion of Fiqihen pond(S 4 e)([20]) Abu Sa'eed Alkdma(S 4 e)([21]). And Faasr investigator Khalili (T. 1287 e)([22]) This investigator orbit became the fatwa, and committed people jealous saying, and tended to his opinion though goes Asarham some or of previous scholars. Then when he came the era of Imam Noureddine Salmi (T. 1332 e) Was saying is violated chapter though Khalili and other investigator, tomorrow people common folk and the elite committed to his fatwas, and keep its perfect Kmadarj and Qubool hopes and the core of the system, and rarely even pay attention to the statement by Shara Mohammed bin Ibrahim Al-Kindi (T. 508 e) Or workbook to Abu Bakr Canadian (T. 557 e), And is still the views of Imam to this day dominate the that hardworking opinions of the earlier. Then came the people today take fatwas Mufti era is the Grand Mufti of the Sultanate Sheikh Ahmed bin Hamad Al Khalili, and committed themselves to saying in that it is obligatory prayer, for example, although the public Ibadi see that it is obligatory on the adequacy, as well as the work of people jealous regarding the expansion of Friday prayers in the villages .

And justify it that Mufti era any era of his queens and means of knowledge unless the other, as well as it armchair reality and deal with events requiring treatment experience conditions era, is not enough to just rely on the opinions older centuries, although issued by masters of science.

Valkhash: To say the tradition and the adoption of fatwas Mufti era has taken into account the best interests, and changing circumstances and conditions, and this saying meet with Almjosen saying rationing; because both rationing, each of which takes into account the conditions of the people and developments era.

(C) Seen as the deputy judge and agent for the parent, and as the MP does not have to get out of the borders of the Agency; but it commitment literal borders agency, the judge must adhere to the chosen guardian of doctrinal statements, and hence the Imam Salmi says: ـ

وليس للوالي ولا للقاضــي يزيد فوق ما الإمـــــام قـــاضـي

يحكم فيما عـــــيــن الإمـــام فإن يـــزد فإنــــــه يــــــــــــــلام([23])

These legal materials taken from Islamic jurisprudence, which instructed the authority to a group of specialists in the science of law Choose the most correct, and most suited to the era; become binding after the edict of guardian requires adopting, so it joined the Judicial Career or contending with anyone be subject,.

(H) The condition of most scholars reach the judge ordered diligence, but the reality today is that; Many who work in the judiciary may not have tools diligence, so it must be the choice guardian most correct jurisprudence, and most harmonization of the era, and the judge has to be followed by the after decree . Even Imam Salmi said that industrious does not have to imitate or take other than what led him diligence only in three cases, including: If the rule or Hakim chose the word doctrinal wanted circulated to people, industrious down his opinion to the view favored by the ruling([24]); But that the judge does not have to be judged in the case on the basis of his knowledge as Imam([25]), And Imam himself confirmed that he could be alone with the age of the ages of any hard-and attributed this to say to the public([26]).

(X) The fundamentalists took up the issue of right and wrong than diligent with their agreement that the fault is no sin on him; stated Imam Salmi that Ibadhi doctrine of Oman except I'm blessing is that all hardworking right. As Ibadhi Morocco except my father Jacob Allowargelana(T. 570 e)([27])They said: The correct one, were at fault is a sinner([28]).

What came legalized does not come out for one of the two opinions. The jurists provided that take the statements of those who say Muslims do not taunts.

(D) The rationing Jurisprudence activation of jurisprudence and not freeze him; that the lack of regulation is what made many of the Islamic countries to resort to the constitutions and laws are not consistent with Islamic law, either because of lack of interest in the subject at all, or because of some scholars do not agree on the issue of rationing.

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Advantages rationing

To codify many advantages:

(1) Easy reference to the provisions inhalers, jurists wrote multi-doctrinal statements to the world one of the doctrine of one, as well as the multiplicity of those words to the scientists of that doctrine;, how the views of other scholars of Islamic doctrines.

(2) ضبط الأحكام وبيان الراجح، فالمشرع أو المقنن قد اختار من تلك الأقوال المتعددةما غلب علىظنه أَنَّهُ أنسب الأقوال.

(3) Unit of the judges in the State per([29]). Multiplicity of provisions of the state to another, and vary between one person and another at the same time and issue one; leads to confusion and challenge the Islamic law, and many of those who have nothing to do science legitimacy, and do not know document judge may question the receivables judges, for their ignorance, including based on the judge .

(4) حماية القضاء من التأثيرات الخارجية؛ إذ لا مناص للقاضي من الحكم حسب المواد القانونية المستمدة من الفقه الإسلامي([30]).

(5) يعمل قانون الأحوال الشخصية على سد الثغرات التي تؤدي إلى التخلخل الاجتماعي([31]).

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Opponents to legalize Jurisprudence

Since rationing emerging issue, which is also a discretionary matter, it is not surprising that different people around, and objecting to evidence rationing, among them:

(أ) It was not Mahoda era ancestor of this nation. Only he can answer that rationing is not covered by the words of the Prophet e Narrated Abu Obeida Jabir bin Zaid Ibn Abbas reported that the Prophet e said: «Action that is not it ours will have it rejected»([32]); Because the event is forbidden what was at the heart of law, from an analysis of the haram, or forbidden. As attached to the regulation of the affairs of the people, it is an innovation award; it arose out of a legitimate([33]). And rationing taking the statements of those who say Muslims, and was intended to serve not oppose Sharia.

(With) إن هذا التقنين فيه تقليد لما هو سائد في الغرب. And can not reply to this suspicion that wisdom is the goal of the believer that I found her taken; Many modern science were not unusual in the lands of the Muslims, and has learned today, which should not be overlooked. And also produced the scientific and technical revolution there is a big leap in technology visible and audible and Read, became the World Wide Web or what is known as(Internet) An important factor definition of Islam, as well as tapes and disks are a means of definition of this religion; Someone there is not permissible to take advantage of them, because the West was to race. Muslims also benefited from the others even with regard to issue birth certificates, and these certificates, which can figure out how much was the bearer of life, and through it can see the possibility of filling someone for this job or not, and which can be built upon in retirement referrals. The figure in body rationing may be taken from there, but the content and the content is taken from Sharia glue.

(T.) Rationing may lead to deadlock and the reduction of diligence. And can discuss this to say that there is no conflict between rationing diligence; mostly because rationing does not cover all aspects of Islamic law. Also, many of those who work in the judiciary might not have the tools diligence and qualifications hardworking, note that diligence is forbidden even in the text of the law. This is evidenced by the fact that the Grand Mufti of the Sultanate believes that divorce three and three of fact, it is considered that the divorce follows divorce; while the text of the Personal Status Law of Oman that divorce is three one shot. As well as not to restrict the age of marriage, and no requirement Eminence regarding efficient in marriage only manners and religion. The diligent judge if the people of diligence with no text. As for what was provided for in the law, he should govern, to ward off provisions disparity between state and state in one state. فالخلاصة that there is integration between rationing and diligence.

(W) The rationing which narrow to wide; legalized because chose one word and binding and no other. And can be answered, however, that the scholars stated that the guardian if scholars differed to elect those words what he sees as the most appropriate for the age. Imam Salmi was asked about a man who sees an opinion, was sentenced Imam or otherwise spends his opinion? : If the rule of the ruling in a bit of discretionary opinion matters not seen sentenced the convicted person to submit to the ruling ruling, though he believed that most likely in view contrary to the rule of the ruling([34]). Not borne in mind that sometimes require interest to get people to view certain.

(C) The Almighty God has commanded that governs people in what was revealed from the right) I sent down to you the Book in truth, to judge between people, including Arak God, and do not be traitors _khasama (([35]). Governance by what Allah has revealed is right, and they do not have this right most Balrajeh of the fuqaha, which Rajeh according to their expectations, but may be مرجوحا in reality. Responded to this objection that Alakhzbcol statements jurisprudential not Massadma the right, but agree with him, and jurist mindful of the Book of Allah and the Sunnah of His Messenger, that their ruling on the matter extracted([36]).

(H) These laws may undergo between one period and another switch and amendment, and this calls into question the people in the Shariah([37]). And can respond to that jurisprudence is peremptory change with times and places, and this is proof flexibility of Islamic law. If the industrious jurist could have more than one opinion on the matter from time to time as is the Imam Jabir bin Zaid. As well as during his move from one place to another, so his view of the Old and new, as is the case of Imam Shafei without denying it; so too in the reconsideration of the laws, because the amendment is to move from saying jurisprudential to say jurisprudential last.

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Meaning of the Personal Status Law

Intended to personal status law is: For a set of legal rules, governing the relationship of individuals among themselves in terms of the relevant ratios and marriage and intermarriage, and the rights and duties arising from this relationship at all stages([38]).

 

Personal Status Law of Oman model of rationing

Perhaps the Personal Status Law of Oman is one of the early materials derived from the laws of Islamic jurisprudence in Amman. The Personal Status Law was issued Omani Royal Decree No. 32/ 97, And was issued on 28 Of the month of Muharram 1418 AH, corresponding to 4 From June 1997.

Content Omani Personal Status Law:

Personal Status Law contains Oman 282 Material, and is divided into five books.

(أ) Primer: Marriage, and where 79 Material, and discusses what regard to the provisions of the sermon, and the elements and conditions of marriage, then a taboo on a permanent basis, and taboos on women Altaqat, then the rights of spouses.

(With) The second book: Band between spouses, and of Article 80 begins, and ends with Article 137, discusses divorce, المخالعة and annulment, and the effects of the band between spouses of several custody.

(T.) Book III: And civil jurisdiction, and of Article 138 begins, and ends with Article 197. And include articles talk about maturity and rationalization and civil beams, then talk about the mandate of the father and guardian and supervisor, and then touch materials for the actions of the guardian and the end of the commandment, and absentee and missing.

(W) Book IV: Commandment, and begins to Article 198, and concludes with Article 231, and addresses the legislature legalized or to the corners and conditions of the commandment, then the formula of the testator and recommended him, and then things that invalidate the commandment, indeed to due process, and the book concludes with its articles Btzahm Commandments.

(C) Book V: Inheritance, and systematized this book starts from Article 223, and ends in article 282. And address Moadehely of varieties heirs and their rights.

Advantages Omani Personal Status Law:

I noted earlier that legalized choose from doctrinal statements consistent with the era, and take into account the conditions prevailing in a society, and that is reflected in this law, it is these advantages:

(1) Systematized able to just what law could overburden materials of explanatory texts, and avoiding ambiguity or frequent interpretations in many of its articles.

(2) Avoid legalized reference or include material law has nothing to do with what is customary in the Muslim Omani society. For example, it did not mention when talking about the marriage contract to the death of does not have a registration of the contract or inform the court any such thing, unlike some personal laws in Muslim countries that include material fines and prison sentences of no record marriage contract; because prevailing in the Omani society held . But choose the family of the husband or wife of the see fit to hold the Koran who has knowledge of the way the contract, and this is a well-known method in the early Islamic times. But couples may turn to get hold of marriage if they have to travel abroad that asked them to prove they are married to countries of destination. In Article (6) Of Part II of the book I say legalized: Documenting the marriage officially and may be effective for a certain reality to prove marriage بالبينة or Baltsadeg.

(3) Choose legalized easier words, and the closest to the spirit of the times, taking into account the complexities of life and concerns; Although the fatwa who divorces his wife three times considered divorce reality three times, and there is no way to her return to her husband until she has married another husband masturbation true([39]); Chose codified in article (86) Paragraph(With) Of Part I of the second book the following: Divorce does not associated with the number verbally or in writing or signal only one shot. Valmguenn take the statements of those who say Muslims. Imam Salmi believes that the introduction of the statements of those who say Muslims in matters of opinion not perish([40]), Valmguenn taking the words of Imam Jabir bin Zaid([41]).

(4) Rated deliberately overlooked some things related to the family, and that doctrinal disagreement, such as: Temporary marriage, and the rule of marriage adulterer who committed adultery with her; although the Ibadi Lifton copying mut'ah marriage, to the hadeeth of Abu Ubaidah al-Tamimi from Jabir bin Zaid said: I heard about Ali bin Abi Talib said: «Messenger of Allah e mut'ah Khyber([42]). And that of wisdom Collider of the legality of the marriage, which is housing, affection and stability. And in mut'ah marriage just put the man to lust, and the abuse of women([43]). However, the trophy did not want to refer to it, probably because this to try legalized not give Thread dye confessional; so that there is a doctrine of doctrines Muslims still see the survival of the legality of temporary marriage, and this saying is applied in practice when the followers of this doctrine in some Islamic countries.

The respect rated omission judgment adulterer marrying someone who committed adultery with her, although Ibadi see the sanctity of that word and one([44]), And differentiate their income or did not enter, because of evidence from the Quran and Sunnah. And also to vastly intent of marriage is for love, compassion and tranquility, and because the married man Mmenzny him in constant doubt that delayed or exited or contacted or spoke to anyone, even a cousin or a cousin or neighbor([45]); But Omani Personal Status Law did not refer to it. This may be due to the violators of those who say it is permissible to have evidence of what reassured them, Valmguenn patron otherwise violators opinion Ibadi.

(5) Flexibility of the Personal Status Law of Oman; It is worth noting that many of its paragraphs left to the judge a good area to work look. The phrase (Judgment divorce when he found it palatable religiously) Article (108) Part III of the second book, and the phrase (. . . Unless the Court otherwise estimated) In paragraph (A) Article (127) Part V of the second book, and the phrase (. . . Unless otherwise as the judge) Article (128) Article (129) Article (130) Of the same door and writers, as well as in materials (132) And(133) And(137); Evidence that the judge that the vomiting and power, and to devote his efforts in a number of issues.

(6) Proved legalized especially with regard to divorce and inheritance agreed in doctrine Ibadi but he did not want oblige the offending those provisions that did not accept it; Valabadih example see a divorce without requiring repudiation presence jurist or scholar or imam or reference, but due to the presence of a Muslim sects requires that the (With) Article (281) Says: If the doctrine of the pair requires the occurrence of the band between spouses provide requirements of Article sector a certain Says s not prescribed by law judge committed to observe those conditions and procedures. With regard to inheritance, the Ibadi believe that seriously obscure brothers full blocking denial of inheritance, but there are Islamic doctrines can not see it; Therefore, paragraph (C) Article (281) Says: If the provisions of different legacy of the girl and seriously and are relatives in the doctrine of the gene for the provisions contained in this law the judge applied the most correct in the doctrine of the testator unless the heirs unanimously application of the provisions of the law. It is obvious that in the Omani Personal Status Law of flexibility and tolerance, and not to the exclusion of dissenting opinion whatever the size of the offending rate.

There are Islamic countries to avoid this day put a law on personal status is not to say the inadmissibility of rationing, but the multiplicity of sects or to the predominance of the doctrine of citizens to the official doctrine. If the spirit of tolerance and respect for the opinion of the dissenting whatever possible to resolve those (Problematic) Smoothly and easily; because the offending words any abuse does not depart from the vast Islamic Circle.

* * *

Models of the provisions of the Personal Status Law of Oman

I mentioned earlier the pros and cons of sees rationing passport, including the choice of the most appropriate words and closest to the spirit of the age, so the personal status law Omani shepherd these beauties as will not really.

(1) Question in a civil marriage

Stated in Article (7) Of Part One of the first book the following: (Complement civil marriage of the mind, and the completion of eighteen years of age). This article leads us to talk about the issue of scholars discussed the past, an issue marriage boy and boys; Fry Imam Jabir bin Zaid inadmissibility, because they do not Aaklan interlocutors. The marriage of the Prophet e Aisha is the privacy of his privacy, as Taolh to talk about Abu Ubaidah al-Tamimi from Jabir bin Zaid said: Aisha was married the Prophet e when she was six years old, and instead started out when she was nine years old([46]). But scholars the Ibadi tend to the opinion of Imam Jabir bin Zaid, but the Imam Salmi wrote a book called clarifying statement in the provisions fuck boys, Vord different scholars in the matter to the three opinions: Impermissibility originally. Or that her marriage Join to puberty, the automation and otherwise it is not. Or that her marriage is true; but Imam reviewed the arguments of three words, and taking invalidate arguments Almanaan, and defeated the words of those who say that it is permissible, without limitation, that the Prophet, Aisha([47]). I have tomorrow say Jaber abandoned even when his followers, but legalized like money to Jabir bin Zaid opinion; as saying Jaber is the most appropriate and closest to the spirit of the times, and this is not evil. How many words by the commonplace became deserted, and how much of jurisprudential opinion was by abnormal or deserted today became famous.

It should be noted that the reality of society is on the other, people do not Aljoon documenting marriage contracts, and there is no contract to dedicated to the marriage contract, but Marriage shall any individual sees saints valid, may be married who has not reached the age of eighteen years of age. If a couple wishes to extract a marriage contract, the notary refer the matter to the judge, and the judge, in turn, allows marriage; because the conditions of marriage in terms of legitimacy has been. Also, the judge took into account the reality prevailed not against the Sharif initiated.

(2) Issue in efficiency

Stated in paragraph (With) Article (20) Of Part III of the first book the following: (Take into account efficiency while decade, due in appreciation on religion and custom). The difference in this matter between the scholars at its peak; Lefty currently not considered any condition but the condition of people and religion, for signs of the Quran and Sunnah, and what was the case among the companions themselves([48]). Because what was stated by other conditions can be either corroboration is not true, or that the opinion was Walid tendencies and instincts according San'aani([49]). But legalized chose is what Lefty, has chosen evidence and grounds.

(3) Issue in less Dowry

Avoid codified in article (22) Of the same door and writers determine less dowry or most of the, but saying only: (All true commitment to reconciliation religiously be dowry); That scholars disagreed, The mark Mohammed bin Ibrahim Al-Kindi (T. 508 e) Cited scholars in less dowry, WPM true, was told: بغنم or palm, or dinars, or dirhams. And Aisha that Friendship Prophet e to his wives twelve ounces, and Omar bin Khattab married Umm Kulthum to forty thousand dirhams, and the husband of Ibn Umar daughters to ten thousand dirhams, and married Hassan bin Ali thousand dirhams, and married Ibn Abbas and Anas ten thousand dirhams, and passed Moses (T. 230 e)([50])Marriage four Doang, and told: At least ten dirhams, and told: Nucleus of gold([51]). Flexible Valmguenn, did not want to rely on the words of a particular, and the directives of the High Commissioner for the Sultan not exaggerating in dowry contributed effective in reducing those excessive.

(4) Issue in the Forbidden feeds

Avoid legalized determine the number of feedings forbidden, in article (33) Of the same door and writers said: (Deprived of breastfeeding deprived of descent If signed breastfeeding in the first two years); Because the constraint that came in the last article is not a big difference, but reportedly different scholars in determining the number of feedings forbidden; said range: Not deprive Almush or Almustan, and deprive the three and above, is the view of Abu Obeid and Abu Thawr. The range: Muharram five times, it is the view of Shafi'i. The range: Ten feedings. The view of the owner, Abu Hanifa, few many breastfeeding and whether([52]). Ibadi one word: Few breastfeeding even one suck many and there is no difference between them. Said Alaotba (S 56 e)([53]): Not permissible for him to marry a woman breastfed Redaa a little or a lot, if they suck or Mustin, not solved his sister through breastfeeding. . . Nor do they aunt of breastfeeding, and his aunt. . . ([54]). Valmguenn was flexible because no judge is required to follow a particular opinion, but has the option, if this opinion is confided when Ibadi, Anson understanding of taking the words of words Muslims Tthreyb not it, this eye tolerance.

(5) Question on the subject of alimony:

I have touched systematized to the subject of alimony, in article(45) Of Part V of the first book the following: (Taken into account in assessing alimony unspent capacity, and the state spent it, and the economic situation in time and place). Valmguenn did not want to identify and amount of alimony, but to make the order to the judge; because people vary richer and poorer. As well as their needs vary according to livelihood; The people of the desert or mountain peaks vary dwellers living lifestyles for the people of the cities, and the cost of living in the capitals of the regions and the capital of the state is not living costs in other. And also do not have to look at qualifications and is obliged to pay alimony and degree of financial knowledge, and business. The alert Imam Salmi (T. 1332 e) God's mercy to that, he said in answer to a question: The amplitude and narrow differ depending on the times and circumstances and in all places, and food and clothing also differ depending on the circumstances, and every folk customs, and discrimination commissioner to consider ruling. . . Had he spent a maintenance man estimated impact in the first decade of Foolishness place([55]). But alimony in different countries vary in terms of hardship and ease. Therefore, we find this observance and clear up what is known as allowances travel allowance, benefits and scholarships; it went in his study about a country known prosperity and high cost of living had allocations unless other, as well as who came to work in the country is seen to conditions the country's next of which, according to . The disparity in assessing alimony law considered Mamedh and not evil speaking, rated to take into account reality and age.

(6) Issues in divorce

(1) Paragraph (With) Article (83) Of Part I of the second book the following: (Not located divorce crazy and insane and impeller, and had lost discrimination butter or Bgillo other). Scholars differed in the incidence of divorce drunk, Ford Imam Jabir bin Zaid two novels, a novel effect that there was a divorce drunk, which was narrated from shaykh Ibn Abbas and peacock and tender; because drunk like boob, and where the divorce boob negligible, so divorce drunk, and because the mind . It was: Divorce and reality, which is another novel about Jaber, said Hasan al-Basri, Ibn al-and Nakha'i, Malik and Abu Hanifa and correct when Shafi'i, and they have the evidence: That drunk deliberately disobeying God Biskra, do not go away with him sin and speech, and his death and Zgra([56]). It Ibadi did not sign the divorce drunk, and this is what can be understood from the words of the mark Shaksy (T. 1090 e)([57])([58]). And some of them inflicted Kalaotba (S 56 e)([59])Salmi (T. 1332 e)([60]).

As legalized seeks to spare Altaquemen entry in the midst of difference, and in order to show to it to the lawyers and litigants on what it was based on the judge in his class chose legalized argue that the occurrence of divorce drunk.

The jurists also differed in divorce impeller, Fjibr bin Zaid inflicted([61]). But Ibadi audience chose not to divorce([62]). Selectors legalized chosen by the public.

(2) Stated in the Personal Status Law Omani paragraph (A) Article (86) Of the same door and book the following: (Divorce does not بالحنث affidavit divorce or the Sacred). This issue, which signed the difference between scholars, and its image: A man says to his wife, for example, divorce or divorce three, I did not do as well as he did; were mentioned by Imam Mohammed bin Abdullah Al Khalili (T 1373H)([63]) Saeed bin Bashir Al Subhi(T. 1159 e)([64])The investigator Khalili (T. 1287 e) Imam Salmi(T. 1332 e) Believe there will be no divorce, and it does not entail expiation. As these Veron hindsight, Imam al-Khalili won the last opinion; (Because the view divorce three did not want the same to maximize divorce, but wants its rhythm if Hantha)([65]). He took legalized what is left, and the band wanted to narrow the words, divorce, taking into account the conditions, in the interest of the survival of the family, The introduction of the words of the sayings of the Muslim God willing survivor .

(3) Stated in paragraph (With) Of the same material and the door and book the following: (Divorce does not associated with the number verbally or in writing or signal only one shot). This issue, which many a give and take among the scholars since the first Hijri centuries; Some of them did not see the incident, because divorce fad([66]). And some of them inflicted three times; divorce because divorce followed, and it is the view of many of the companions, and public officers([67]), And imams of the four schools([68]), Is the opinion of the majority Ibadi as stipulated by the pool (S 4 e) The pious to say, it took the opinion of the founder of Jabir bin Zaid, who believes that divorce does not follow the divorce([69]). And defeated the opinion Jaber Ibrahim eggs(T 1401)([70])([71]). This has taken the trophy the opinion of those who say that divorce three and one, a view that Sheikh Ibrahim bin Saeed Al Abri(T 1395) The former Grand Mufti of the Sultanate, and even encouraged scientists Bahrain to take in response to question them addressed to the family court judges in Muscat([72]). The Grand Mufti Sheikh Ahmad Al-Khalili in the Sultanate it Lefty current occurrence of divorce three([73]). This indicates that there is no contradiction between rationing and diligence, Valajthad right project is the king of instruments but is required to crown a private legal opinion to the Order of the work of the judiciary, the guardian opinion categorically conflict.

(7) Issue in preparing:

Turning Personal Status Law of Oman to the subject of several deceased by her husband, and, as provided in paragraph (With) Article(127) Part V of the second book the following: (Expire several pregnant woman whose husband has died put her pregnancy or falling of M_n appearance).

The difference jurists in this popular issue, since the time of noble Companions; son of Abbas sees that promised the later. The Abu Hurayrah Fdtha the ending status even after days of pregnancy([74]). The basic principle in that spring narrated in his Saheeh from Abu Obeida Jabir bin Zaid Ibn Abbas said: “I differed and Abu Salamah ibn Abdul Rahman in pregnant women if placed after the death her husband بليال, said: I said: Promised last term. Said Abuslma if placed solved. Then came Abu Huraira was asked? : Born سبيعة the Aloslmah after the death of her husband بليال, mentioned that the Messenger of Allah e said: Has been solved”. Spring said Ben Habib: “Said Abu Obeida: This license Prophet Oslmah, and Work For what Ibn Abbas said, which is taken by us, which is the words of God Almighty”([75]). But Oman's Grand Mufti fatwa states that several deceased by her husband put her pregnancy([76]). Systematized and resolve the matter by choosing the latter view.

(8) Issue in the nursery: ـ

I have dealt with the personal status law Omani custody, and where scholars differed in the ranks of the nursery, and who is more worthy than others, it is the choice of those words in Article (130) Of the same door and book the following: (Incubation of the duties of both parents, as long as their marital list, separated it for the mother, then the father, the mother then the mother, then to the relatives of the child in accordance with the following order: His aunt and then his grandmother to his father and that it raised, then his sister, then aunt mother, then an aunt of his mother, then his aunt, then aunt his father, then aunt his father, then girl his brother, then girl sister, and offers in everyone brother, then the mother, Thmlab, what is not ).

However there is a difference between those who first jurists custody arrangement rated Elan did well when he gave the judge or the court a good area to consider in the best interest of the child, he may choose other arrangement. It may be the first custody dry printing, uptight, moving a court order to far, taking into account the interests of the child. The systematized in paragraph (A) Article (127) He stressed that the terms of a custody free women from a foreign husband, but he did not lose sight of giving the green light to judge estimated interest of the child. As if legalized money to the opinion of Imam Salmi, who Aray that mother has custody anyway, even if married, and did not say this to say one by Imam al-Ibadi, but dependent on the mark Ibrahim bin Saeed Al Abri(T 1395)([77]) ([78]) It is obvious that in the words of Imam of foresight; mother, although married, they yearn to her son, and the boy stuck to his mother, though honored his father. In this view of the human dimension of what is hidden.

(9) The issue of absentee and missing:

The teams codified in article (190) Of Part II of the third book of the absent and missing; Valgaúb is: A person who does not know his home, and place of residence. The missing is: Absentee who does not know his life and his death. The scholars differed in waiting time for each of them, and was told: Awaits missing four years, is the view of the Caliph Omar ibn al-Khattab and the view of Abu influential(T. 278 e)([79]). It was: Seven years, it is the view of Ibn Mas'ood. The absentee was: Wait a hundred years. It was: A hundred and twenty. It was: Hundred and thirty. It was: Duration of eighty years of his birth. It was: Measured absent on the death of his peers.

The missing someone who entered the war, and then did not find it, or rode ship Vgrguet in the sea, and there was no effect([80]).

It is noted that these statements are not guided by the general public, as well as the left judges يتخيرون one may lead to confusion in the provisions, and vary from state to state in a single state, and this complicates matter for lawyers and litigants together, also can not appellate judges consider the . The lawyer can not appeal and appeal, he also did not know the material invoked to judge; so it was imperative to elect to legalized the fairest and most appropriate words, to know lawyers and المتخاصمون, and even judges incline article that relied upon by the judges in their judgment. Hence, legalized, although the difference in definition between absent and missing it in paragraph (With) Article (194) Said: The judge ruled the death of the absent or lost if passed on the absence or loss of four years). Like only between absent and missing, a view of Imam Mohammed bin Abdullah Al Khalili (T 1373H)([81]). And considered the Grand Mufti of the Sultanate and valid, given(To what happened from the near term, and the possibility of finding, albeit with Tnaúa Diar)([82]), Though Eminence difference between missing and absent.

Systematized and resolve the matter also with regard to the re-entry of the missing or absent after that the governor Bmutema ruling. Jurists have differed in the order wife if she marries after the judgment on the absent or missing death; Some of them said: Is an option. Some of them said: Is the first. Some of them said: Are those who finally married. It seems that the trophy has chosen the final say by saying in paragraph (2) Article (197): (Married his wife back to him unless they get married, which is located log). Varjaaha first oppress, Tabat her life with the second, as well as her divorce from second with his commitment may not be commensurate with what happened to her stability, and so are given a choice; because it ignored the right of the second pair. But if you do not apply it to life with second husband That For processed and adjudicated by a failed intermediaries Court ruling not returned to her first husband, pleased the view of legalized.

(10) Question should Commandment

Stated in paragraph (A) Article (229) Of Part V of the fourth book the following: (Obligatory commandment Oqrbin).

The scholars differed concerning the ruling of the commandment, the majority of scholars of the Hanafi and Maliki and Shafi'i and Hanbali to that commandment circle between scar and mustahabb([83]), Because more of the Messenger of God did not convey their will, and did not deny them a([84]). They went on to say that the verse which included a commandment) you, if he wrote any of you die if left good bequest to parents and next of kin is really upon the pious (([85]) Copied the words of Almighty God: ) For men share, leaving parents and kinsmen and women share, leaving parents and kinsmen than more of it or less imposed share (([86]), Is the view of Ibn Abbas. The son of Omar sees that any inheritance is a copier([87]). It was: Is replicated by saying e, from Abu Obeida Jabir bin Zaid Ibn Abbas reported that the Prophet e said: «No bequest to an heir, not inherit the killer murdered deliberately killing or wrong»([88]).

The opinion Ibadi commandment have due of Oqrbin as evidenced by the words of God) you, if he wrote any of you die if left good bequest to parents and next of kin is really upon the pious (([89]), Wrote impose words, and good sense of money. The parents and kinsmen heirs who have no commandment. But can a bequest to parents that were not heirs.

They quoted obligatory of the year, including narrated from Abu Obeida spring from Jabir bin Zaid Khudri that the Messenger of Allah e said: «It is not permissible for a Muslim who has something recommended only spend two nights and Usith written when his head([90]); Imam al-Salmi: Because the phenomenon (Any talk) Deprives left for those who have a thing recommends([91]). This has taken the opinion of those who say that law should commandment Oqrbin.

(11) The issue of inheritance

The text of the Personal Status Law of Oman in Article(239) Of Part I of the fifth book on the following: (Not inherited with a different religion), For saying e Narrated from Abu Obeida spring from Jabir bin Zaid said: I heard about Osama bin Zaid said: The Messenger of Allah e: «Does not inherit the infidel Muslim, not Muslim infidel»([92]). Muslims was agreed that the non-Muslim can not inherit from a Muslim, whatever the degree of kinship. And almost scholars agree that does not inherit a Muslim non-Muslim([93]).

Jabir bin Zaid said: When Abu Talib died and bequeathed Aqeel and demanded, did not inherit Jaafar and Ali; because they were Muslims. Salmi said: It(Any talk) Indicates prevent their inheritance at all. The بعمومه took majority of our people. As Imam Salmi reported that Maaz bin Jabal and Sid Saeed bin Musayyib and mugged and the Ouzai say that Muslim dhimmi inherits, arguing that Islam should prevail not second to none. As well as Hbhoh being married([94]).

And personal status law the Omani explicitly prevent inheritance between Muslims and non-Muslims, whatever the relevant degree of kinship, pursuant to speak, and following the example of the effects of Muslims.

I Tejert those articles of the Code of Personal Status Omani statement that this law has chosen the most correct opinion.

He was also flexible enough to leave in many of its articles to the judge diligence and considering what can be considered, particularly with regard to the assessment of expenditure by places and times and indigestion people or their left, as well as flexible with respect to custody of children.

The systematized expressed tolerant even with jurisprudence and that appears to be abnormal or not applicable as the prevailing thought in the country, it did not prevent from referring to them. Reflects not take who belong to any other Islamic Thought. The law allows litigants if they belong to the thought of another Muslim to ask the judge to judge between them by the prevailing ideology of the Islamic if the matter difference jurisprudential such as lack of divorce unless the hands of religious authority or witnesses, as well as the issue of legacy brothers with a grandfather, .

And keen legalized also avoid referring to issues of abuse where evidence that reliable like temporary marriage, which sees the public nation including Ibadi not his health, as well as avoid the rated talk about husband an adulterer who committed adultery with her, and if it falls none of that law in paragraphs (B, c, d) Recent article (281) What ensures find appropriate solutions.

 

Index references and sources

  1. Ibrahim bin Saeed Al Abri, in terms of divorce.
  2. Ibrahim eggs, fatwas Imam eggs.
  3. Ibrahim Mustafa, Ahmed Zayat, the intermediary dictionary.
  4. Ibn Rushd, beginning industrious.
  5. Following Abubkralkasana Badaa'i.
  6. Ahmed al-Khalili, fatwas Marriage.
  7. Imam Mohammed bin Abdullah Al Khalili, conquest of Galilee.
  8. Discourse Alraeina, talents Galilee.
  9. Khamis bin Said Al Shaksy, applicants approach.

10.Spring Benhabib, true spring.

11.Salamah ibn Muslim Alaotba, book Luminance.

12.Abdulrahman bin Ahmed dosage, the codification of Islamic law.

13.Ghani Daker, Imam Malik bin Anas.

14.Qurtubi, the whole of the Koran.

15.Supreme Council for Women, the codification of the provisions of the family in the Kingdom of Bahrain.

16.Mohammed Abu Zahra, Abu Hanifa his life and his time.

17.Mohammed Khatib Sherbini, singer needy.

18.Mohammed Abu Zahra, Abu Hanifa his life and his time.

19.Mohammed Bin Ibrahim Al-Kindi, a statement Shara.

20.Muhammad ibn Abi plain Sarkhasi, Mabsoot.

21.Mohammed bin Ismail San'aani, ways of peace.

22.Mohammed bin Yousef Tfayyesh, explain the book Nile.

23.Mustafa Orashwm, marriage and health havoc.

24.Noureddine Salmi, clarifying statement.

25.Noureddine Salmi, the joy of Lights.

26.Noureddine Salmi, answers Imam Salmi.

27.Noureddine Salmi, the core of the system.

28.Noureddine Salmi, explaining spring Bin Habib.

29.Noureddine Salmi, sorties sun.

30.The Ministry of Awqaf and Religious Affairs, Islamic Jurisprudence Seminar.

31.And gift Zoheily, efforts to codify Islamic jurisprudence.

32.Yahya Bekkouche, Fiqh Imam Jabir bin Zaid.


*Rationing and innovation in contemporary Islamic jurisprudence held during the period (28-2) April 1429 / ( 5-8) April 2008 – Lectures Hall Sultan Qaboos Mosque.

**Researcher at the Ministry of Awqaf _ Oman.

[1]) Fakih world of the people of Oman, is the author of: Dictionary Sharia containing methods Alosaah, and the number of its parts than ninety part, which is related to the dogma and doctrine and walk and history. Mohammed Nasser, Sultan Al Shaibani, Lexicon flags Ibadi in the Orient, p 89.

[2]) World investigator, an accomplished scholar, he spent his life in science, the judiciary and the fatwa, the author of: Statement Shara in seventy-odd part, and Gelle in assets Shara and Conditions and religions, has a book gloss sick Shara assets and branches. Glossary flags Ibadi in the Orient, p 371.

[3]) Ahmed bin Abdullah Al-Kindi, the world of hard-Faqih, the author of: Book workbook in religions and conditions, and is located in forty-two part, has a book allocation in the state of innocence, has a book guided separation the people of Oman, has a book in easing inheritance. Glossary flags Ibadi in the Orient, p 56.

[4]) Abdul Rahman bin Ahmed dosage, the codification of the Shariah, p 2.

[5]) And gift Zoheily, efforts to codify Islamic jurisprudence, i 1, 1408 H, 1987, letter Foundation, Beirut, p 29.

[6]) Abdul Ghani Daker, Imam Malik ibn Anas, i 3, 1419, 1998, Dar Shamiya, Beirut, pp. 135.

[7]) Abdul Rahman Ahmad dosage, the codification of the Shariah, p 4.

[8]) Mohammed Abu Zahra, Abu Hanifa his life and his time, d. I, d. T., the Arab Thought House, Beirut.

[9]) Abu Bakr الكاساني, Badaa'i Alsnata, achieved on Moawad and Adel Abdul-located, i 1, 1418, 1997, Scientific Library, Beirut, 9/131.

[10]) Discourse Alraeina, talents Galilee, special edition, 1423, 2003, Dar world of books, Riyadh, 8/80.

[11]) Nisa: 59.

[12]) Mohammed Bin Ibrahim Al-Kindi, a statement Shara, 28/136.

[13]) Abu Obeida Muslim ibn Abi Karima al-Tamimi, from the scholars Ibadi, take note from Jabir bin Zaid, and told him, it is a novel followers followers, as narrated from Anas bin Malik, Abu Huraira, Ibn Abbas and Abu Sa'eed. Nasser, Shibani, Lexicon Flags Ibaadis, p 445.

[14]) Ibadi jurists old, lived in Basra, nicknamed Abu Abdullah, which is intended in Ibadi impact, occupies Araúhmkana in Jurisprudence Ibadi, scientists assumed the presidency in reign of Imam Salt bin Malik(T. 272 ​​e), Still on Sohar judge until he died. Nasser Al Shaibani, a glossary flags Ibadi in the Orient, p 425.

[15]) Canadian, statement Shara, 28, p 126.

[16]) Abdullah bin Humaid Al Salmi, hard-working jurist, Sheikh considered the scientific renaissance in Amman, the title of the light of religion, and the first of his title is pole imams Mohammed Ben Youssef Tfayyesh, the author of: The East Premium minds, the joy of the lights in the faith, and the essence of perfection and order, Qubool hopes, in jurisprudence, and explains the true spring in modern masterpiece Senate biography of the people of Oman in history, and Manhal Net offers and rhymes. Glossary flags Ibadi in the Orient, p 271.

[17]) Salmi, answers Imam Salmi, i 3, 1422, 2001, 5, p 62.

[18]) Shara statement, 28/ 128.

[19]) Imam updated preacher, lived in Basra, was taught by Jabir bin Zaid and Abu Obeida al-Tamimi, oversaw the science campaign to Oman, Yemen and Khorasan, the author of: Whole right palm spring bin Habib, the effects of spring Ben Habib, a group of fatwas in the Code of Abu Ghanem Khorasani. Glossary flags Ibadi in the Orient, p 152.

[20]) Abdullah bin Mohammed Ben Barka, Fakih, fundamentalist, speaker, first written in jurisprudence in the doctrine of Ibadi, from his works: Book Mosque, dating and restriction, and the book debutante in the creation of the heavens and the earth. Glossary flags Ibadi in the Orient, p 285.

[21]) Mohammed bin Said bin Mohammed Faqih and investigator, called Imam Salmi title of the doctrine, for its investigation of the issues, and because of its role in healing the rift, the author of: Book integrity, and substantial book. Glossary flags Ibadi in the Orient, p 398.

[22]) Said bin Khalfan al-Khalili, of the most famous personalities Oman in the scientific and political levels, surnamed scientists investigator to achieve fame and rooting issues and its evidence century, is the author of: Rahmaniya dynamics in facilitating ways to divine Science, مهيد faith rules. Glossary flags Ibadi in the Orient, p 179.

[23]) Salmi, the core of the system, i 14, 1427 H, 2006, Imam Salmi Library, Muscat, 4/ 235.

[24]) Salmi, the joy of the lights, i 1, 1410 H, 1989, the Ministry of Justice, Awqaf and Islamic Affairs, p 45.

[25]) Salmi, answers Imam Salmi, 5/ 47.

[26]) Salmi, sorties sun, i 2, 1405 H, 1985, the Ministry of Heritage and Culture, 2/301.

[27]) Yousef bin Ibrahim bin caller, of the most famous scientists Ibadi in Algeria, the author of: Evidence and proof in theology, and Justice and Alansaffa jurisprudence, and Marj Bahrain in logic. Mustafa Paju, Ibrahim Bhaz, Lexicon flags Ibadi in Morocco 2/481.

[28]) Salmi, sorties sun 2/ 279.

[29]) And gift Zoheily, efforts to codify Islamic Jurisprudence, p 27 28.

[30]) Supreme Council for Women, an opinion poll on legalization provisions of the family in the Kingdom of Bahrain, Dr.. I, d. V, p 9.

[31]) Supreme Council for Women, the codification of the provisions of the family in Bahrain, p.10.

[32]) True spring, the door (7), Talk(49).

[33]) Salmi, the correct explanation spring, d. I, d. T., library Muscat, 1/86.

[34]) Salmi, answers Imam Salmi, 5/43.

[35]) Nisa: 105.

[36]) Abdul Rahman dosage, the codification of the Shariah, p 6.

[37]) N., P 8.

[38]) Supreme Council for Women, the codification of the provisions of the family in the Kingdom of Bahrain, p.7.

[39]) Salmi, answers Imam Salmi 3/ 193.

[40]) N,M, 6/ 397.

[41]) Yahya Bekkouche, Fiqh Imam Jabir bin Zaid, i 1, 1407 H, 1986, Dar Muslim West Beirut, p 428.

[42]) True spring, Book of Marriage, the door(25) Marriage may and what may not, talk(518).

[43]) Mohammed bin Yousef Tfayyesh, explained Nile book, i 3, 1405 H, 1985, a library extension, Jeddah, 6/ 318.

Mustafa Orashwm, marriage and health havoc, i 1, 1424, 2002, Renaissance Press, Muscat, p 223.

[44]) Salmi, answers Imam Salmi 2/ 548.

[45]) Ahmed al-Khalili, fatwas marriage, i 2, 1423 H, 2003, generations Library, 2/ 151 ـ 153.

[46]) True spring, Book of Marriage, mind) 25) Marriage may and what may not, talk(552).

[47]) Salmi, to clarify the statement, Dr.. I, d. T., a library of Imam Salmi, p 28.

[48]) Ahmed al-Khalili, fatwas marriage, 2/ 47 ـ 48.

[49]) Mohammed bin Ismail San'aani, the ways of peace, i 4, 1379 AH, 1960 AD, Arab Heritage Revival House, Beirut, 3/ 129.

[50]) World, Fakih hard-contemporary Imam Ghassan bin Abdullah, had been a judge of Imam Abdul Malik bin Humaid, opposed isolate Imam due to old age, and took the conduct of state himself, swore allegiance to both the Imam Al-Muhanna bin جيفر year 226 AH, Imam Salt ibn Malik in 237 AH,. Glossary flags Ibadi in the Orient, p 463.

[51]) Mohammed Bin Ibrahim Al-Kindi, a statement Shara 49/ 5.

[52]) Ibn Rushd, the beginning of the industrious, i 4, 1398 H, 1978, Dar Al-Baz, Mkhalmakramh, 2/ 35.

[53]) Salamah ibn Muslim country Aotb from the Omani city of Sohar, jurist, linguist, نسابه, the author of: His famous encyclopedia Luminance in twenty-four part, has language in the book designation, and has in the genealogical genealogy book, and a glossary of rhetoric. Glossary flags Ibadi in the Orient, p 206.

[54]) Alaotba, photophobia, i 1, 1411 H, 1991, the Ministry of Heritage and Culture, 8/ 151.

Salmi, the correct explanation spring, d. I, d. T. 3/47.

[55]) Salmi, answers Imam Salmi, 3/ 56.

[56]) Yahya Bekkouche, Fiqh Imam Jabir bin Zaid, p 420.

[57]) Khamis bin Said Al Shaksy, hard-working jurist from flag poles and politics, a contemporary of the imams of Oman Nasir bin Murshid Sultan bin Saif, the author of: Extended famous applicants and communication approach wishing to twenty part. Glossary flags Ibadi in the Orient, p 134.

[58]) Shaksy, approach the students, i 1, 1427 H, 2006, hometown library, 2/359.

[59]) Photophobia, 9/205.

[60]) Salmi, answers Imam Salmi, 3/ 106.

[61]) Alaotba, photophobia 9/204.

[62]) Tfayyesh, explain the book Nile, 7/510.

[63]) Imam Adel, hard-working and the world took command of Oman in 1919, known for his justice and science capacity, and the tendency to reconciliation and peaceful, uniqueness statements Capacity his knowledge and diligence, his answers were collected under the title conquest of Galilee answers Abi Khalil. Glossary flags Ibadi in the Orient, p 412.

[64]) Fakih, was the ruler of Imam Saif bin Sultan, the author of: Great Mosque of doctrine and dogma. Glossary flags Ibadi in the Orient, p 184.

[65]) Imam al-Khalili, conquest of Galilee, d. I, d. V, p 312.

[66]) Alaotba, photophobia, 9/21.

[67]) Ibn Rushd, beginning industrious 2/ 61.

[68]) Baccouche, Fiqh Imam Jabir bin Zaid, p 428.

[69]) Baccouche, Fiqh Imam Jabir bin Zaid, p 428.

[70]) Faqih and the world of Algerian, a talent multiple, played a prominent role in the reform, he taught the correct explanation spring bin Habib, then moved to teaching Baari correct explanation for fifteen years, explained the sorties sun in assets Salmi, book Nile in the doctrine of Tmina, . Ibrahim Bhaz, Mustafa Paju, Glossary flags Ibadi in Morocco, i 2, 1420, 1999, Dar Muslim West Beirut, 2/ 20.

[71]) Eggs, fatwas of Imam eggs, i 2, 1411 H, 1990, Library shaggy father, Seeb, p 415.

[72]) Ibrahim Hebrew, per provisions of the divorce word three, i 1, 1423 H, 2002, p 22.

[73]) Ahmed al-Khalili, fatwas Marriage 2/ 251.

[74]) Salmi, the correct explanation spring 3/121.

[75]) True spring, a book divorce, divorce, alimony, door(29), Talk(540).

[76]) Ahmed al-Khalili, fatwas marriage, 2/ 385.

[77]) Of the most famous scholars, judges and scholars Oman in the present era, he worked in the judiciary in several states, including: Ibri, Sohar, Muscat, was appointed mufti of the Sultanate, the author of: Thoughtfulness who are considered in the history of the Hebrews. Glossary flags Ibadi in the Orient, p 47.

[78]) Ahmed al-Khalili, fatwas marriage, 2/ 220.

[79]) Salt ibn Khamis Kharousi, world and jurist, one of three hit their ideals in Amman even said: Back

 

 

 

 

 

 

 

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