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العنوان
اعمال العقل فى معرفة العدل بين فقه القانون الوضعى والفقه الاسلامى /
المؤلف
حبتور، عبدالرحمن على صالح.
هيئة الاعداد
باحث / عبدالرحمن على صالح حبتور
مشرف / محمد علي محجوب
مشرف / طه عوض غازى
مشرف / محمد على الصافورى
مناقش / السيد عبد الحميد فودة
الموضوع
القانون- نظريات.
تاريخ النشر
2014.
عدد الصفحات
586 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2014
مكان الإجازة
جامعة عين شمس - كلية الحقوق - فلسفة القانون وتاريخه
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 586

from 586

المستخلص

The research has paid attention to the idea of legislation as an ethical concept manifested in the two aspects of legislation (the educational and reformational or compulsory). In other words, the legislation is the proper doing of creation which became clear in the dominance of rational and reasonable power (beyond the existence of creation) on their creating (the presence), this in the imitating the creation or presence (the movement) beyond its presence or its firs creation (its optimal movement).
We have tackled that through the following:
Introduction: in which we tried to limit the truth of the three titles of legislation (the idea of natural law or the law of creation, the idea of the State or the idea of ascendancy on the creation’s system and its desired goal towards achieving uniformity of creation, and the idea of objective legislation and its aim toward the need for imitating the virtue of creation or its natural law).
Introductory Chapter: in which we tried to achieve the titles of the research’s concepts.
First Section: the philosophy of legislation and the European legislature thought in which we separated the philosophy or virtue of legislation from the empirical legislative thought through three chapters:
First: the European legislation philosophy (Greek) in which we presented the Plato’s educational program in achievement of legislation virtue.
Second: Aristotle’s legislative thought as an example for reaching the fact of existence or the fact of legislation in the presence or the experiment from beginning to the end.
Third: the ancient European legislative thought started via the idea of priesthood and ended with the attempts to philosophize the legislation attempts in Renaissance of Europe in which we tried to discuss the fact of legislation (what should be) and the reality of its separation (what is already existed).
Second Section: the philosophy of legislation and the Islamic legislative thought which consists of three chapters:
First: the Koran – the philosophy and approach in which we studied Allah’s care in survival or continuation of universe order in reminding the rational creation with the virtue of creation or its first origination or what should be by creation.
Second: the fatalism in Islam in which we discussed the Islamic legislation sources and the absence of legislation talent at the Caliph or ruler (after the Islam golden age) and the emergence of schools of Islamic jurisprudence (chaos legislation) and the fanaticism for sectarianism and acting according to it and hindering the legislation or creation enactment.
Third: the idea of legislation between philosophy and thought in which we tackled the attempts of Al Mutazila people to philosophize legislation and rejecting the idea of destiny in Islam and attempts of old Islamic philosophers and intellectuals.
Third Section: the philosophy and the contemporary legislative thought which consists of three chapters:
First: the philosophy and the European legislative thought in which we tackled the legislative thought as a result or reaction to the autocracy of ecclesiastic thought as well as we discussed the attempts in the philosophy of legislation.
Second: the Islamic legislative thought in which we presented the submission of complacency thought to late thought and adhering to it and being restricted to the thought or diligence in doctrine and interpretation of accidents to the Imams’ first thought as well as we examined the attempts to promote the idea of legislation and refusing the parents’ worship.
Third: in the humanitarian legislation in which we reviewed the French Declaration of Human Rights and Citizen issued from the alleged French Revolution (1789) as a model for the overwhelming legislative experimental thought and putting its eminence in the second place. Also, we discussed the reality of legislation in the Kingdom of Saudi Arabia system (the legitimate courts) as a model for rigidity or hindering the legislation movement and on the other hand, we examined the fact of enacting the civil status in Egypt as a model for attempt to promote the legislation and returning back to its sources in the golden age of Islam.
Conclusion: in which we summarized the points of our research and presented our recommendations.