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Volume :28 Issue : 95 2013      Add To Cart                                                                    Download

Traditional Exception and its effect on saying behaviors "A fiqh comparative study "

Auther : Dr. Ali Ebrahim Essa AL-Rashid

 

Traditional Exception and its effect on saying behaviors "A fiqh comparative study "
Dr. Ali Ebrahim Essa AL-Rashid
Prof. Assistant – in comparative Fiqh – Faculty of Shari'ah and Islamic studies – university of Kuwait .
Conventional exception is meant to hold behaviors to Allah's will or something like that as "if someone says " I will  do so and so if Allah wills. This is considered one of important issues which needs details and explanation of the sayings of scholars of fiqh because it is often used by people and unspecialized people in particular .
Conventional exception has its effect on said behaviors . The research handles its effect on oaths a person who uses exceptions does not break his oath if he did something different from what he swears on . Its effect appears on swear by divorce . As a person who uses exception in his swearing by divorce . His divorce oath will be of no effect as his wife will not be divorced . its effect appears in confirmation when somebody uses exception he cancels his confirmation as agreed on by most fiqh scholars. It has also effect on intention . It cancels it if he meant the meaning .
Fiqh scholars mentioned conditions for correct exception as speaking the sentence and its relation to the sentence without separation . The intention should be clearly said . It should not be a blessing only . Conventional exception should not be against the intention of the swearing persons in the matter of keeping other people's rights .
The research contained a treamble , a subject and an end .
The treamble handled in introduction of exception in according to linguistics , grammar , and legislations . The reason for considering it a kind of exception is that it contains two topics : The first one deals with the fiqh that depends on customary exception . The subject contains two topics : The first one is the fiqh effect that came as a result of exception . The second one : conditions of correctness of the known exception.    The end : contains a show to the most important results I reached through from reviewing this research . The last prayer is our praise to the Lord of the worlds and we pray on our Prophet Mohamed ; his relatives and companions . 
 

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