Search In this Thesis
   Search In this Thesis  
العنوان
النظرية السياسية للدولة فى الفقة الإسلامي ما بين الوحدة والتعدد :
هيئة الاعداد
باحث / شريف طلعت عبد المحسن شبل
مشرف / محمد الشافعي أبو رأس
مناقش / فؤاد محمد النادي
مناقش / محمد فوزي نويجي
الموضوع
الفقه الإسلامي. القانون العام.
تاريخ النشر
2014.
عدد الصفحات
455 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2014
مكان الإجازة
جامعة بنها - كلية الحقوق - الفانون العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 455

from 455

المستخلص

Praise be to Allah the Lord of the universe , and peace
mercy and blessing of Allah be upon our prophet
Muhammad.
In the topic of my thesis ” the political theory of the
state in the political Islamic Figh amany Unity and pluralism
, a Comparitive study with the contemporary Constitutional
Systems” I have tried to present a topic which attracts
attention of researchers and intellectuals ’ minds , It is how
can we find a way or a method for reunification the Muslim
nations again in Form of one nation (state) after they have
been disorganized by Kamal Atatork in 1924 A.M.
I have presented the Muslim State since the migration
of the Messenger of Allah (pbuh) from Mekka to Madina ,
passing the eras of the different Islamic States as well as the
Caliphate by Kamal Atatork in 1924 A.M, and disorganizing
the Muslim nation into a group of Islamic States as we see
nowadays.
I presented a group of attempts of researchers and
intellectuals to find out anather way or method to reunification
the Muslim States again.
I have clearified my view point as on investigator in an
attempt to find out a specific mechanism for reunification
the Islamic states again.
I displayed the idea of the state in the contemporary
thought from the ancient historians,s view points.
I have also revealed the forms of unions in the current
constitutional systems as follows:
The thesis contained a preface, preliminary chapter,
First chapter and second chapter as Follows The preface contained:
1- Identification of the topic.
2- Importance of the topic.
3- Difficcults which the investigator faced.
- The preliminary chapter: the state in the political Islamic
thought and the contemporary systems.
I have divided
This chapter has benn divided into First Section:
States in the political Islamic thought in the (Islamic political
thought) which deals:
1- House of Islam and its provisions.
2- House of pledging and its provisions.
3- House of war and its provisions.
The second chapter: State in the situational political though.
It has been dealt: Theories of evolution the state as well as
the identification of the state in the situational thought.
Them, the investigator view point on the State Theory in the
Islamic political thought and the situational.
- The obligation of establishment the state in the Islamic
political thought and the basis of that obligation.
- I have revealed Ibn Khaldoun’s opinon of the necessity
of existence the public power (authority) and the range
of obligation of the power as well as the contrast
opinions , and the necessity of the power to the Muslim
community.
- The first chapter dealt: Formation of state ; its
evolution , Formation in the Islamic Figh and the
contemporary systems. Im this chapter I have
illustrated the form of state in the light of the
contemporary figh (jurisprudence in Islam), from a
simple state composed of the Excutive Authority ,
Legislative Authority and judicial Authority.
- I have dealt form of state in the contemporary figh ,
Madina State and the range of its identification with
the simple state from The historical evolution of Madina St pledging allegiance of
Aqaba , the secand, and the ate from the fist
- charter of Madina as the first written constitution of
the Muslim (Islamic) state.
- The elements of state construction in Madina from a
region with authority and people and the relationship
among Muslims as well as the relationship with jews,
and the features of the simple state in Madina.
- The secand chpter contained:
The compound state and the degree of its convenience
with the development of the Islamic state after the era
of Madina state.
I have also displayed the simple federation satate:
Whereas I have mentioned the personal union and its
applications in the constitutional systems.
The pledging union and its applications in the
contemporary constitutional systems.
- The federation state which is composed of an actual
union or a real union as well as the features of unity
and the federative union ” the central from its
foundation, characteristics. And how to distribute
authorities and it’s applications,
- I have presented two samples:
The first: the United States of America : whereas
I have pointed out the historical foundations of its
evolution (establishment) , and the establishment the
legislative authority , the executive authority and the
judicial authority.
The Second sample: The United Arab Emsrets:
I have cleared its evolution, its authorities ; Executive ,
legislative and judical.
- I presented the Islamic State in the era after Madina ,
dealing the:
- Caliphate of Abu Bakr El-Sedeik and his internal
management of the state as well as his Foreign Policy.
Caliphate of Omar Ibn El-Khttab , his internal
management of state and his foreign policy.