Employing the Privacy of the Companions in the Service of the Nation's General Legislation(Personal Status As a Model)
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Journal of University of Shanghai for Science and Technology ISSN: 1007-6735 Employing The Privacy of The Companions in The Service of The Nation's General Legislation(Personal Status as A Model) M.D .Moaz Abdul-Alim Abdul Rahman Al-Saadi Anbar University - College of Islamic Sciences - Department of Jurisprudence and its Foundations INTRODUCTION: Praise be to Allah, and blessings and peace be upon our prophet Muhammad,his family ,companions ,and those who follow him. To the sectionnow, it is understood that the legal legislations are set to work with except people how are exempted according to a legitimate reason .As an exception is for those with who are not able to fast, this exception included the gender of the excluded and not a specific person. However, some exceptions for only specific people for themselves and not others .These exceptions are made by Prophet Mohammad, may God’s prayers and peace be upon him, as no one after him can be exempt from these legislations. The reason for writing this research is to show the extent to which specificities are employed in the service of the nation's general legislation (personal status as a model). The previous research is entitled: employ the specifics of the Companions in public service legislation for not Meh( worship a model. The exception means what is going stop doing one or some legislations or temporary measures as well as exempting some individuals or places to be applied to them, or intended to overthrow the legitimate application of the provision in the right sample of individuals or samples of cases. Some of these exceptions come from an incoming reversal of the laws of measurement, it is not permissible for others to be measured with, by proving such a ruling to others due to a common cause between them, because of the existence of special legislative considerations for them, so other than these legislations are not measured against them, because they are mentioned contrary to the fixed general rules In canon. There is no disagreement among the scholars that one of the characteristics of the Prophet - may God’s prayers and peace be upon him - is that he pertains to whoever wills whatever he wills.Such as making a shameful testimony with the testimony of two men, and his permission to mourn for Umm Atiya, leaving mourning for Asma’s bint Amees when her husband Jaafar bin Abi Talib died, and the man’s marriage to the woman with what he had of the Qur’an, and his license to breastfeed Salem, the sire of Abu Hudhaifa, who was old, and in hastening the two-year charity for Abbas, And in combining his name and nickname for the child who is born to Ali after him, and in staying in the mosque next to Ali - may God be pleased with him - and others( 4()) .I have chosen the most prominent issues discussed in our society, and the plan consisted of three discussions, as follows: The first section: Khuzaymah testimony. The second section; Breastfeeding an adult. The third section: of the legislations of marriage. The conclusion summarizes the most important findings and recommendations.With the lack of evidence on the section express the lack of these specificities, I hope that I have succeeded in presenting this important sectionand clarifying the most important issues related to it.May Allah's blessings and peace be upon him, our Master Muhammad and his family and companions. The first section Khuzaymah Certificate Origin in the number of witnesses is two of your men or one man and two women of integrity. Volume 22, Issue 9, September - 2020 Page-322 Journal of University of Shanghai for Science and Technology ISSN: 1007-6735 The indicative face: The verse indicates that the number required for witnesses is two men or a man and two women. Nevertheless, it is proven, unlike the analogy, that the testimony of Khuzaymah was counted by the testimony of two men, that his uncle, told him one of the companions of the Prophet to pay the price of his horse, the prophet of Allah , peace be upon him, was walking fast and seller was slower,some men delayed the seller to make a bargain. The Bedouin did not recognize that the Prophetwas ahead of him. So the Prophet, may God’s prayers and peace be upon him, rose up when he heard the call of the Bedouin, and said: “Or did I not buy it from you?” The Bedouin said: No, God , what , said the Prophet. Khuzaymah ibn Thabit: I bear witness that you have purchased said, turned to the Prophet peace be upon him on Khuzaymah said “What do you testify?” He said: I believe in you and your word, O Messenger of God. The testimony of Khuzaymah equalsthe one of two men. Amara Ben Khuzaymah bin Thabit , from his father, stated that the Prophet peace be upon him and bought a horse from Sawaa bin Harith Fjhdh. Khuzaymah denied the deal. Therefore, the Messenger of Allah said , peace be upon him:« What made you to testify was not with him present » ?He said: “You believed when you brought it and knew that you only say the truth. So the Messenger of God, may God’s prayers and peace be upon him, said”. And with him - may Allah be pleased with him: "that a Bedouin sold from the Prophet peace be upon him, a horse female, and then went, increasing the Prophet peace be upon him, then disbeliever be sold, passed by them Khuzaymah ibn Thabit heard the Prophet peace be upon him says “I bought it from you.” He testified to that. When the Bedouin went, the Prophet, peace and blessings of God be upon him, said to him :He said: No, but when I heard you say: “He sold you,” I knew that it is a right that you only say a truth. He said: “Testify”. The indicative aspect: The ruling on the testimony of Khuzaymah is equivalent to the testimony of two men as an exception from the general rules, and exceptions are often in the fundamentals of necessity and necessities valued at their extent, so judges may not measure against another’s Khuzimah in making the testimony of two men as the testimony of Khuzaymah, even if someone else is higher than him in religiousness, truthfulness and honesty, so this did not happen. To count the testimony of the Companions who are better than Khuzaymah as his testimony for the specificity of this testimony.Therefore, the testimony of a single Muslim is not accepted, even if he is like Khuzaymah or better than him. The jurists are unanimously agreed that the testimony of Khuzaymah - may God be pleased with him - equals the testimony of two men. The impact of this testimony when writing the Koran, Zaid ibn Thabit - he said may Allah be pleased with him: «copied newspapers in the Koran, and lost a verse from Sura parties I heard the Messenger of Allah peace be upon him read it, did not find her only Khuzaymah fixed bin Al - Ansari , who made the Messenger of Allah peace be upon him witness testimony of two men », which is saying { :of the believers are men true to what God was pledged “. The Rightly Guided Caliphs - may God be pleased with them - accepted Khuzaymah’s testimony alone, which was his own. The significance of specifying Khuzaymah: Perhaps the prophet mohammed wanted peace be upon him and to guide people to the texts mentioned as means of proof and the number of witnesses identified in non-slander and adultery. It did not prevent from accepting other means to prove in limited cases or outcome of the fateful. This was achieved when he proved the verse , if not the privacy Khuzaymah for lost , and it is very dangerous in such a situation and if we know that the street passed or before the testimony of a witness and one with the right of the plaintiff , but spent by Nkol the defendant him on the right and said Volume 22, Issue 9, September - 2020 Page-323 Journal of University of Shanghai for Science and Technology ISSN: 1007-6735 that some A .Is science , but spent The testimony of one woman during breastfeeding and the testimony of one woman in alimony, Hind, the wife of Abu Sufyan, when she was informed of her husband’s negligence in her maintenance. We will know definitely that the street alludes to the judges to rely sometimes if not Tto a free means to establish sufficient and there was a necessity in the case and that really would be lost without justification to rely on what Lito a fled evidence so what condition of the Koran in the witnesses to be Tla Muslims and got in some cases , the possibility of loss of significant rights in places that are not there where Muslim or amended certificate authorized to accept a non - Muslim in the will to travel , God said { :or others from you and others that you are you strike the earth Vosapetkm calamity death .And when he permitted marriage to a Muslim from a kibbutz, he permitted non-Muslim witnesses to her marriage to be among the people of this world. This is something that Ibn al-Qayyim warned about in the judgmental methods that the judge not only stop at the established means of proof, but rather follow whatever other means he could to prove rights.You may accept a certificate Khuzaymah reference to such meaning,or else why before Islam suffered the husband alone , a prosecutor and witness at the same ?For those who see that the words of curse are testimonials.