The Authority of the Patient, Death Disease, Qver his Financial Behavior: A Jurisprudential Study

Authors

DOI:

https://doi.org/10.32792/tqartj.v3i41.413

Abstract

The jurisprudential description of the disease of death relied on special signs that were mentioned in the narrations and hadiths, and the conditions for achieving it were derived from them.

The restriction of the patient's authority with the disease of death did not take the definitive and unanimous form of scholars and jurists. there were many opinions and sayings about it; The scholars of the public see the restriction, so the patient’s financial dealings should be from one-third, and the Imamiyyah scholars were divided into two teams: one team agreed with the opinion of the public, and another said: by not restricting his authority and that the patient’s achievements come from the money, and each team has its evidence and goes to the preponderance of his saying. In addition, the patient's confession involved other matters such as accusation, justice, and the fact that the approved person is a foreigner or an heir in determining whether the approved money came out of the original or one-third, and therefore there were many sayings in the issue of the admission according to the multiplicity of evidence and narrations in it

Downloads

Download data is not yet available.

References

The Holy Quran

- The Fundamentals of Al-Kafi, Muhammad bin Yaqoub Al-Kulaini, authenticated it and commented on it by Ali Akbar Al-Ghafari, 3rd edition, Dar Al-Kutub Al-Islamiyyah, Tehran

- The Patient’s Acknowledgment: A Systematic Study of Evidence and Opinions, Makarim Al-Shirazi, investigation by A. Mardani Pour (Al-Nomani), 1431 AH, Imam Ali Institute (PBUH).

- Funds and the theory of contracts in Islamic jurisprudence, Dr. Muhammad Yusuf Musa, Dar Al-Kitab Al-Arabi Press, Cairo, 1952 AD,

- Al-Intisar, Al-Sharif Al-Murtada Alam Al-Huda Ali Bin Al-Hussein Al-Musawi, investigation and publication of the Islamic Publishing Foundation, 1415 AH.

- Explanation of the benefits, Ibn Al-Allama, investigation and commentary: Al-Sayyid Hussein Al-Musawi Al-Karmani, Sheikh Ali Banah Al-Ishtihardi, Sheikh Abdul Rahim Al-Burujerdi, 1387 AH edition, Al-Mubtaba Al-Alami, Qom

- Bada’i al-Sana’i fi Artibat al-Shari’a, by Alaa al-Din Abi Bakr bin Masoud al-Kasani, 1st edition, Al-Jamaliyya Press, Cairo, 1328 AH, 1910 AD,

- In the language of the jurist, Muhammad Al Bahr Al-Uloom, explanation and commentary of the pious jurist, Sayyid Muhammad Taqi Al Bahr Al-Uloom, 4th edition, Al-Sadiq Library Publications, 1403 AH

- Crown of the bride from the jewels of the dictionary, Muhammad Mortada Al-Husseini Al-Wasiti Al-Zubaidi, study and investigation by Ali Shiri, Dar Al-Fikr for printing, publishing and distribution 1994 AD / 1414 AH.

- Liberation of Shari’a Rulings, Allama Al-Hilli, investigation by Sheikh Ibrahim Al-Bahadri, 1, 1420 AH, Imam Al-Sadiq Foundation, peace be upon him

- Tadhkirat al-Fuqaha’, Allama al-Hilli, edited and published by the Aal al-Bayt (PBUH) Foundation for the Revival of Heritage, 1413 AH.

- Behaviors of the patient, death disease, a comparative study, Habib Idris Issa Al-Mazuri, 1st edition, Dar Al-Fikr Al-Jami`, Alexandria.

- Patient Behaviors, Muhammad Al-Farhani, Journal of Legal Research and Studies, Issue 8, Issue 16

- Definitions, by Sharif Ali bin Muhammad bin Ali Al-Sayed Zain Abi Al-Hassan Al-Husseini Al-Jarjani, edited by Ibrahim Al-Abyari, 1st Edition, Dar Al-Kitab Al-Arabi Press,

- Tahdheeb al-Ahkam, Muhammad ibn al-Hasan al-Tusi, verified and commented on by Hassan al-Musawi al-Khursan, 1390 AH, Dar al-Kutub al-Islamiyyah

- Tayseer Al-Tahrir, by Muhammad Amin, known as Amir Bad Shah, Mustafa Al-Bab Al-Halabi Press, Cairo, in 1350 AH,

- Jami` al-Maqasid fi Sharh al-Qawa`id, Ali bin al-Husayn al-Karaki (the second investigator), investigated and published by the Aal al-Bayt Foundation (peace be upon them) for the revival of the heritage - Qom Al-Musharafa, 1,1408 AH

- Al-Jami’ for Al-Sharia’, Yahya bin Saeed Al-Hali Al-Hudhali, 1405 AH, Scientific Press, Qom.

- Jawaher Al-Kalam fi Sharh Shari’a Al-Islam, Muhammad Hassan Al-Najafi, verified and commented on by Sheikh Abbas Al-Qouqani, 3rd edition, Dar Al-Kutub Al-Islamiya _ Tehran

- Al-Hijr and its rulings in Islamic law, Dr. Izz Al-Din Bahr Al-Uloom, 1st edition, Dar Al-Zahraa, Beirut, 2011 AD,

- The Lush Gardens in the Rulings of the Immaculate Progeny, Youssef Al-Bahrani, Foundation for Islamic Publication, Qom Teachers Association.

- Sharia lessons, Shams al-Din Muhammad bin Makki al-Amili (The First Martyr), investigation and publication of the Islamic Publishing Foundation, 2nd edition.

- Al-Rawdah Al-Bahia fi Sharh Al-Lum’a Al-Dimashqiyyah, The Second Martyr

- Riyadh Al-Masa’il, Al-Sayyid Ali Al-Tabatabai, investigation by the Islamic Publishing Corporation affiliated with the Teachers’ Association in Qom Al-Quds.

- Al-Sarair, Muhammad bin Idris Al-Hali, 2nd edition, 1410 AH, Islamic Publication Institute, Qom

- Al-Sunan Al-Saghir, Ahmed bin Al-Hussein Al-Bayhaqi, edited by Abdul Muti Qalaji, 1, 1431 AH, University of Islamic Studies, Karachi.

- The jurisprudence of Al-Sadiq, Muhammad Sadiq Al-Husseini Al-Ruhani, 3rd edition, Imam Al-Sadiq School, peace be upon him, 1412 AH

- The Laws of Islam in the issues of the permissible and the forbidden, by Abi Ishaq Al-Qasim Najm Al-Din Jaafar bin Al-Hassan Al-Hali, 1st edition, Al-Adab Press, Najaf, 1969 AD

- Explanation of Philosophical Terms, Islamic Research Complex, Dar Al-Basair, first edition, 1414 A.H.

- Explanation of Al-Ahkam Magazine, Ali Haidar, Al-Nahda Bookshop, Beirut - Baghdad.

- Awali Al-Laali Al-Azizia in Religious Hadiths, Ibn Abi Jamhour Al-Ahsa’i, presented by Sayyid Shihab Al-Din Al-Najafi Al-Mar’ashi / Investigation: Hajj Aqa Mujtaba Al-Iraqi, 1403H, Sayyid Al-Shuhada Press, Iran

- Ghaniyyat al-Nawa’ al-Nawa’ al-Usul wa’l-Furu’, Hamzah bin Ali bin Zahra al-Halabi, edited by Sheikh Ibrahim al-Bahadri, edition 1, 1417 AH, Imam al-Sadiq Foundation, peace be upon him, Qom

- Al-Fatawa Al-Hindiya, by Abi Al-Muzaffar Muhyiddin Ornak, Part 4, p. The Islamic Library, Egypt, 1310 AH

- Fath Al-Bari, Ibn Hajar, Dar Al-Maarifa - Beirut, 1379 AH

- Al-Fawa'id Al-Jaafaria, Abbas Kashif Al-Gitaa

- Jordanian Civil Law No. (43) of 1976

- The Iraqi Civil Code No. (40) of 1951, which corresponds to the Egyptian Civil Code

- Egyptian Civil Law No. (131) of 1948,

- Judiciary of the Court of Cassation, Volume Four,

- Revealing the secrets on the origins of the pride of Islam, by Ali bin Muhammad Al-Bazdawi, Istanbul edition, for the year 1307 AH,

- Exposing the Symbols in Sharh Al-Mukhtasar Al-Nafi’, Al-Fadhil and Al-Mohaqqiq Al-Abi, Islamic Publishing Corporation, Qom

- The Sufficiency of Rulings, Muhammad Baqir Al-Sabzwari, Islamic Publishing Institution affiliated to the Teachers’ Association in Qom Al-Mushrifah

- Lisan Al-Arab, Ibn Manzoor: Dar Sader - Beirut, 3rd edition 1414 AH.

- Al-Mabsout in Imami jurisprudence, Abi Jaafar Muhammad bin Al-Hassan bin Ali Al-Tusi, corrected and commented on by Al-Sayyid Muhammad Taqi Al-Kashfi, Al-Murtazawi Library for the Revival of Jaafari Antiquities

- The Journal of Shari’a Rulings, Ahmed Abdullah Al-Qari, 1st edition.

- The Complex of Benefit and Proof in Explanation of Irshad Al-Adhan, Ahmed Al-Ar Debeili, Publications of the Teachers’ Community in the Scientific Hawza

- Al-Majmoo fi Sharh al-Muhadhdhab, Muhyi al-Din ibn Sharaf al-Nawawi, Dar al-Fikr

- The Judicial Rulings Collection, the third and fourth issues, the eighth year, 1977,

- Al-Mukhtasar Al-Nafi’, Muhaqqiq Al-Hilli, 3rd edition, 1410 AH, Department of Islamic Studies at the Mission Foundation - Tehran

- Various Shiites in the provisions of Sharia, Abu Mansour Al-Hassan bin Yusuf bin Al-Mutahhar Al-Asadi (Allama Al-Hilli), investigation and publication of the Islamic Publishing Foundation, 1st edition, 1412 AH

- The extent of the authority of the will in divorce in the law of heaven and the law of the earth, Dr. Mustafa Al-Zalmi, 1st edition, 2014, published by Ihsan for distribution and publishing,

- Alawi ceremonies in the prophetic rulings, Sheikh Abi Ali Hamzah bin Abdul Aziz Al-Dailami, investigated by Mr. Mohsen Al-Husseini Al-Amini, 1414 AH, the World Assembly of Ahl Al-Bayt

- Masalik al-Afham to the Revision of the Laws of Islam, Zain al-Din ibn Ali al-Amili, “The Second Martyr,” edited and published by the Islamic Knowledge Foundation, ed. 1, 1413 AH.

- Misbah Al-Faqih, Reda bin Muhammad Hadi Al-Hamedani, published and verified by the Jaafari Foundation for the Revival of Heritage, Qom, 1417 AH.

- Transactions in Islamic Sharia and Egyptian Laws, Ahmed Abu Al-Fath, 2nd Edition, Al-Nahda Press, Egypt, 1922 AD,

- The Dictionary of Language Measures, Ibn Faris: Dar Al-Fikr, 1399 AH

- Al-Muqna’, Abi Jaafar Al-Saduq Muhammad bin Ali bin Al-Hussein bin Babawayh Al-Qummi, published and verified by the Imam Al-Hadi Foundation - peace be upon him, 1415 AH

- Al-Muqni’ah, Sheikh Al-Mufid, investigation and publication by the Islamic Publishing Corporation, 2nd edition

- Who is not attended by the jurist, Abi Jaafar Muhammad bin Ali bin Al-Hussein bin Babawayh Al-Qummi (Al-Saduq), corrected and commented on by Ali Akbar Al-Ghafari, 2nd edition, the group of teachers in the scientific estate

- The Achievements of the Patient, Mashkour Al-Holawi Al-Najafi, investigation by Umm Ali Mashkour, Islamic Publishing Institute

- The Patient’s Achievements and Reports, Jaafar Al-Sobhani, 1, 1431 AH, Imam Al-Sadiq Foundation

- The polite in the jurisprudence of Imam Shafi'i, by Abu Ishaq Ibrahim bin Ali bin Yusuf bin Fayrouz Abadi Al-Shirazi, Dar Al-Maarifa Press, Beirut, 1959 AD

- The Facilitated Fiqh Encyclopedia, Sheikh Muhammad Ali Al-Ansari, 1, 1415 AH, Islamic Thought Academy, Iran

- Rules of Rulings, Allama Al-Hilli, investigation of the Islamic Publishing Corporation, vol.

- The Balance in the Interpretation of the Qur’an, Muhammad Hassan Al-Tabatabai, Al-Alamy Foundation, 1st Edition, 1997, Beirut, Lebanon.

- Judicial Bulletin, second issue, fifth year, p. 102

- Marriage, Muhammad Tafi Al-Khoei (a report on the research of Al-Sayyid Al-Khoei), the Foundation for the Revival of the Antiquities of Imam Al-Khoei, ed. 2, 1426 AH

- The end of the needy to explain the method, Ahmed bin Hamza Ibn Shihab al-Din al-Ramli, 1st edition, Dar Revival of Arab Heritage - Foundation for Arab History, Beirut - Lebanon 1412 AH

- The End in Mere Jurisprudence and Fatwas, Muhammad ibn al-Hasan ibn Ali al-Tusi, Intisharat Quds Muhammadi

- Al-Wasa’il Al-Shia (Aal Al-Bayt), Al-Hurr Al-Amili, investigation by the Aal Al-Bayt (PBUH) Foundation for the Revival of Heritage, 2nd edition, 1414 AH,, Aal Al-Bayt (PBUH) Foundation for the Revival of Heritage in Qom Al-Musharrafah Aal al-Bayt (PBUH) for the Revival of Heritage, 1st edition, verified, 1408 AH, Al Al-Bayt (PBUH) Foundation for the Revival of Heritage - Beirut - Lebanon

- The Way to Attaining Virtue, Abi Jaafar al-Tusi, known as Ibn Hamzah, investigation by Sheikh Muhammad al-Hassoun, published by the Library of Grand Ayatollah Marashi al-Najafi - Qom, 1408 AH

- Wills and inheritances, The Great Sheikh, Sheikh Morteza Al-Ansari, 1415 AH.

- The will and a statement of its provisions in Islamic law, Ahmed Ibrahim, Abdullah Wahba Library, Cairo, 1942 AD

Downloads

Published

2023-03-26

How to Cite

Kakah Allah, Dr. Raad Kazem. 2023. “The Authority of the Patient, Death Disease, Qver His Financial Behavior: A Jurisprudential Study”. Thi Qar Arts Journal 3 (41). Huminites:118-43. https://doi.org/10.32792/tqartj.v3i41.413.