FADAK IN THE MIRROR OF ISLAMIC JURISPRUDENCE

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BAHARI HAMID; AMELI SAYYED HASAN

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2017 | Volume:49 | Issue:2 Page(s): 231-246

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Information Journal Paper

Title

FADAK IN THE MIRROR OF ISLAMIC JURISPRUDENCE

Author(s)

BAHARI HAMID | AMELI SAYYED HASAN | Issue Writer Certificate

Keywords

LANURATH HADITHQ1

FATIMAQ1

FADAKQ1

PRINCIPLE OF POSSESSIONQ1

OWNERSHIPQ2

Abstract

The issue of confiscated FADAK is one of the important issues affecting political events and issues related to Islam and the Islamic rule that can be studied from different aspects. In this paper, the proof of legal issues related to the OWNERSHIP of FADAK by FATIMA Zahra (S.A.) has been touched upon. We use the PRINCIPLE OF POSSESSION (yad) and based on the verses, hadiths and authentic documents, contemplated documentation in the parties, and according to the legal arguments of FATIMA Zahra (S.A.) about FADAK and comparing them with the Islamic laws, prove that it cannot based on the "lā nūrath ” hadith which has lost its validity for its conflict with the Qur’an and thesūra of the prophets, FATIMA Zahra was deprived of her right. This government's decision conflicts with the Scripture and tradition. Moreover, according to the available documentation from FADAK folder, the first caliph had no evidence as per claiming its OWNERSHIP and the judgment is wrong in different aspects.

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APA: Copy

BAHARI, HAMID, & AMELI, SAYYED HASAN. (2017). FADAK IN THE MIRROR OF ISLAMIC JURISPRUDENCE. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 49(2 ), 231-246. SID. https://sid.ir/paper/198438/en

Vancouver: Copy

BAHARI HAMID, AMELI SAYYED HASAN. FADAK IN THE MIRROR OF ISLAMIC JURISPRUDENCE. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2017;49(2 ):231-246. Available from: https://sid.ir/paper/198438/en

IEEE: Copy

HAMID BAHARI, and SAYYED HASAN AMELI, “FADAK IN THE MIRROR OF ISLAMIC JURISPRUDENCE,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 49, no. 2 , pp. 231–246, 2017, [Online]. Available: https://sid.ir/paper/198438/en

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