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Tabasrah al-Hakim on the Basics of Judgment and Approaches to Judgment 3/3

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The book Tabasrah al-Hakim fi Usul al-Aqdiyyah wa al-Majhaj al-Ahkam is a book in the science of Islamic jurisprudence, specialized in the science of judiciary, written by Burhan al-Din Ibrahim bin Muhammad Farhoon al-Maliki.

Description

Book description:

  • Author's name: Burhan al-Din Ibrahim bin Muhammad Farhoon al-Maliki

  • Number of pages: 596 pages

  • The subject of the book: The Rulers' Insight into the Fundamentals of Judgment and Approaches to Rulings 

The contents of the book:

Book sermon

The first section of the book is on the introductions to this science and includes chapters

Chapter One: The truth, meaning, judgment, and wisdom of the judiciary

Chapter Two on the virtues of the judiciary and the desire to do it justly

Chapter on how the request for a judge is divided into five sections

Chapter Three on the Judiciary

Dismissal of deputy judges in one of their jobs or at all

Separating the guardianship of the guardianship

Partial jurisdiction separation from the judiciary

Separating the arbitration mandate between the two litigants

Separating the guardianship of messengers and charity collectors

Kharas Mandate Chapter

Separating the mandate of the two judges

Separating the judgment of the two judges in the hunting penalty

Separation of guardianship over the disbursement of estimated expenses and duties

Separating the guardianship of the judge and the clerk

Chapter Four: The Words with which Mandates are Contracted

The judiciary is convened in one of two ways

Chapter The Imam appoints a man to the judiciary

Chapter Accepting the Judiciary from a Non-Just Amir

Separating the judge who is absent at the time of guardianship

The guardianship is not complete without three conditions

The judge is appointed by the Imam

Chapter Five: The six pillars of the judiciary

The first pillar of judicial requirements and judge's etiquette

Chapter Two Understanding the judgments necessary for a judge in his or her career

Chapter on what a judge needs to do for himself

Chapter What a judge needs to do

Separating a judge's livelihood from the Bait Al-Mal

Chapter and the salaries of the assistants that the judge directs in the interests of the people

The third chapter is about his council and his dwelling.

Chapter on the Judge's Residence

Chapter Four: The Judge's Behavior in Rulings

Chapter Five: What the Judge Initiates

Chapter Six: How he deals with adversaries

Question about the judge writing the testimony of the people in the book

Question: If the witnesses say to the judge, "Show me their testimony

Question of the judge's ruling on an absent person, then the absent person arrives and wants to start litigation

Chapter on the judge who hears the evidence of one of the parties and then wants to refer them to another judge

Question of resuming testimony before a second judge

A case is brought to the governor and the plaintiff brings one witness

The question of the humility of the opposing parties to the judge's arguments

Chapter Seven on the Succession of the Judge

Chapter Eight on Arbitration

The second pillar of res judicata

Chapter The judge was not an ijtihadist

Chapter The arbitrator does not have the right to choose an opinion by which to rule or rule

Chapter A muqaddid judge is obliged not to deviate from the famous

A chapter on whether a man who is not well versed in knowledge can give an opinion based on what he has seen

Chapter Whoever's fatwa is a transfer of his imam's doctrine

Chapter on what overturns a judge's decision

Chapter on judges overturning their own rulings

A judge rules for one of the litigants and then testifies for the other

Chapter on Judges overturning other judges' rulings

A chapter on what a judge's rulings can't be enforced and can be overturned if he learns about them

A house that is locked up for the poor is brought before a judge who sells it to the poor

Chapter on what is not considered in the actions of a judge if he is removed or dies

Chapter A judge should not enable people to dispute their judges

Chapter Whether a judge is removed by the same act of immorality or until the Imam removes him

Chapter on Removing a Judge by Choice

Chapter If a judge is dismissed and rules on things before the dismissal is finalized

Chapter If the judge admits that he ruled unjustly

Chapter on gathering jurists to consider a judge's judgment

Chapter on the request by the judgment debtor to annul the verdict

Third Pillar of Judgment

The Fourth Pillar of Res judicata

Chapter on the thing claimed

Fifth Pillar: The Respondent

Chapter on Types of Judgment

Chapter A judge does not judge his enemy

Chapter The judge does not judge anyone until he asks if you have any arguments left

A chapter on judging absentees

Chapter on Postponing the Hajj for Absentees

The Sixth Pillar of Judiciary

The first section on the behavior of rulers

Chapter One: How the Ruler Decides What is Reported to Him

Chapter Two: Behaviors of the Ruler that Require Judgment

Chapter: Where the actions of rulers are not rulings

A chapter on what is and is not required for a ruler's judgment

Chapter The bankruptcy of a person who is in debt is subject to the judgment of the governor

The second section is that which does not require the judgment of a ruler

The third section is that which differs in whether or not it requires a ruling

Fourth section on the places where the ruling enters independently or implicitly

A chapter on the difference between the words of judgment used in recordings

Chapter on what constitutes a validity judgment and a positive judgment

A chapter that may include both a positive and a negative judgment

Chapter on judging the meaning of the word

Chapter on the difference between proof and judgment

Chapter on the Meaning of Execution of Judgment

Chapter on the prohibition against enforcing what a dhimmi ruler has ruled

Chapter on What Indicates Judgment

A chapter on how legal judgment is a matter of the mind, not the tongue

Chapter on whether a judgment is a news item that can be true or false

Chapter If a man buys a house from a man and the seller denies it

Chapter A judge cannot register a debt against an absent person unless he is a member of his work force

A chapter on the judgment recipient who asks the judge to record what he has proven to him

Chapter If the judge registers between the two parties, he may mention the names of the witnesses in the book

Chapter Ordering his scribe to leave a blank space for the judge to complete in his own handwriting

A chapter on judgments that are contingent on the truthfulness of the plaintiff and the deferral of the opponent's argument

Second section on who is the plaintiff and who is the defendant

Chapter If a tanner and a tanner claim a skin

The third section on the types of lawsuits and their divisions

Chapter on How to Correct a Claim

Chapter Two: Division of Cases

Chapter Three: Division of Defendants

The third section of the lawsuit against an absent person

Fourth section: Claiming against the deceased

Chapter Four on the division of defendants and what is heard from their evidence

The second type of person who wants to prove the validity of what he claims for his client

The third type of person who wants to prove the validity of what he claims for his relative or neighbor

The fourth type of person who wants to prove the validity of his claim to the absent person

The fifth type of person who wants to prove the validity of his claim to a person under his jurisdiction

Chapter Five: Notification of provisions that require proof to hear the case

Chapter Six: The Ruling on Agency in Litigation

Question of a person who agrees to the validity of an agency before it is established

Chapter: Agency is permissible with or without compensation

Fourth section on the rule of answering the lawsuit

Chapter Claiming a property in the hands of another, claiming that it passed to him from someone who inherited it from him

Chapter He refrained from answering and was given time to consider an account and its likeness

A man claims a property and denies it by admitting it to someone else.

Fifth section on what to do with the excuse

Chapter One: Excuse and deferral of the argument for the absent

Separating the time of notice to the convicted person

A chapter in which the judge's council made an article and the council's witnesses testified to it

Chapter Two: The Faces of Postponement and Blame

Chapter Some deadlines are not subject to the ruler's judgment

Chapter The day on which the deadline is written is not counted and does not count

Chapter and Method in Term Writing

Chapter Three on Incapacitation

Chapter: Things a judge cannot fail to do

Chapter If the judge wants to register the person who incapacitated him

Chapter Notaries do not customarily assign a contract for insolvency

Fourth chapter on stopping the defendant, which is of three types

Chapter A single fair witness can testify to the value of items that are absent from the market.

Chapter Five: Suspending Absentee and Orphan Money

Separating what is submitted to judges from orphan funds

The sixth section on oaths, their description, time and place

Chapter Swearing at the pulpit in a quarter of a dinar of gold Carmonite

The chapter on swearing on the Qur'an

Separating the presence of the sworn party or his agent to administer the oath

Chapter A woman swears if she wants to divorce herself from him for lack of maintenance

Chapter No one who swears in oaths shall be brought to the wrong place, except in qiyamah.

Chapter on the Ruling on Failure to Oath

Chapter on Miscellaneous Issues Related to the Rule of Oaths

Chapter on the Ruling on Recanted Oaths and What is Related to Them

Chapter on claims that do not require an oath and the rule of mixture

Chapter on Mixed Oaths, what constitutes a mixed oath, and what constitutes an unmixed oath

Chapter Oaths are required by the mere allegation without mixing in certain situations

Section VII on Evidence

Chapter Two on the sections of the witness's knowledge base

Chapter Three: The Limits of Testimony, its Judgment, its Judgment, and what is obligatory in it

Separating the performance of a memorized testimony

Chapter on Attestation of Rights

The chapter on witnessing marriage, divorce and repudiation

The chapter on witnessing the return

Chapter Four on the ranks of witnesses in testimony

Chapter Five: Qualities of Rights and Degrees of Certificates

Separating the sections of testimonies in rights

Chapter As for the testimony that obligates the thing testified to with the plaintiff's oath

Chapter As for testimony that imposes a judgment but does not impose the thing testified to

The chapter on testimony that does not require the witness to testify and imposes a judgment on the witness

Separating testimony that does not entail anything at all

Chapter Six: Characteristics of the Witness and Contraindications to Acceptance

The second part of the impediments to the admissibility of testimony

Chapter Ten Matters Requiring Justification of Justice

Chapter 7: What witnesses should be aware of when bearing and giving testimony

Chapter A witness should not testify in a sealed book

Chapter The witness testified that the book has a hole in it

A chapter for the witness to look at the date and look at the number

Chapter If the witness writes in his testimony, "I bear witness to the acknowledgment of the declarants

Chapter I was called to testify in a marriage and the testimony was on identification

Chapter Avoid testifying to the death of an absent person by recognizing those who knew you

Chapter on the provisions of the document writer

Chapter The Sultan's Decision to Limit Documents to a Particular Person

Chapter on the Notary

Chapter A man and a woman come to the notary and claim to be married

Chapter A man and his wife came and asked him to write that she released him from the dowry

Chapter A woman comes in and wants to write a gift of some of her money

Separating the contract of substitution

Chapter A man came with a woman and stated that she was his wife and that he intended to divorce her

Chapter What a notary should watch out for

Separating the document writer if he writes the sale

Chapter on Writer's Fees

Chapter on Adjectives

Chapter Beginning with the age of the witness

A chapter on color

Chapter 8: What the judge should be aware of when administering testimony

Chapter If a witness testifies before the judge and the judge does not recognize the witness

Chapter on Testimony in Transactions

Chapter on testifying about entitlement and the like

Chapter on Issues in Judging and Testimony

Chapter on Testimony in Absence

Chapter on Testimony in Freedom

Chapter on Testimony in Loyalty

Chapter on Testimony in Usurpation

Chapter on Testimonies in Slander, Adultery and Sodomy

Chapter on Testimony in Theft

Chapter on Rationalization Testimony

Chapter on Testimony in modification and disqualification

Separating the number of people who accept a public recommendation

Chapter If the witnesses write their testimony in the contract of recommendation and testify to it

Chapter on the qualities of a modification certificate

Recommendation Before Testimony

Chapter on how to modify the secret

A chapter on what it means to testify to a slur

Chapter on Conflicting Witnesses of Recommendation and Injury

Chapter on the Testimony of Reclamation

Chapter on Testimony in Absence

Chapter If a document is erased, annotated, or multiplied in the wrong places

Chapter Nine: What happens after a witness testifies that invalidates his testimony

Chapter 10: The Characteristics of Testimony

The difference between a verb and an object and a noun and an adjective

The second part of the book is on the types of evidence

Chapter One: Judging by Four Witnesses

Witnesses attending the couple's cursing

Chapter Two: Judging by Two Witnesses

Chapter Whoever admits to the right that is testified against him

Chapter Three: Judging by two witnesses, a witness and two women, or a witness and an oath

Separating Oaths and Witnesses

Judging by two women and two oaths

Chapter Four: Judging by two witnesses and two women and the defendant's denial

Dismissal of the case if there is no evidence and the defendant refuses

Chapter Five: Judging by Full Evidence with the Judges' Oath

Hearing Testimony Chapter

Chapter A husband puts his wife's affairs in her hands if he is absent from her and testifies to this and is absent

Chapter The judicial oath is omitted in some cases

Dowry in the hands of an absentee

Chapter The Oath of Justice is not stipulated to be obligatory

Chapter Six: Judging the Defendant's Right of First Oath

Chapter 7: Judging by the witness of the ward's witness and the right of his guardian

Chapter Eight on judging by the witness of a slave and the oath of his master

Chapter Nine: Judging the Agent's Witness and the Principal's Oath

Chapter 10: Judging by the evidence of the principal and the agent's oath

Chapter Eleven: Judging the Bankrupt's Witness and the Creditors' Oath

Chapter Twelve: Judging by a witness and the oath of one of the plaintiffs

A man who bequeathed one-third of his estate to a man and found a book stating a right he owed to a man

Chapter Thirteen: Judging the Plaintiff's Evidence

Chapter Fourteen: Judging the words of a single man and the like

Chapter Fifteen: Judging the words of two women on their own

Chapter on the testimony of women about what happens between them at funerals and baths

Chapter Sixteen: Judging by the testimony of a woman and the plaintiff's oath

A woman's opinion on the sighting of the crescent moon

Single Woman Measurement Chapter

Chapter Eighteen: Judging by a witness, a woman, and the plaintiff's oath

Chapter Nineteen: Judging by the plaintiff's oath and the defendant's denial

Chapter Twenty on judging the plaintiff's oath and the defendant's refusal to take an oath

Chapter XXI: Judgment on the plaintiff's oath and the defendant's refusal to answer

Chapter Twenty-Two: Judging by Failure to Attend the Governing Council

Separating the lawsuit against the detainee in the Sultan's custody

Chapter on where it is obligatory to answer the ruler

Chapter on what is not obligatory to answer

Chapter Twenty-Three: Judgment by Alliance on Both Sides

Separation and annulment in marriage

Chapter Disputing a house that is not in their hands

Chapter The two makkaris differ in the amount of rent

The landowner and the laborer differ in the contracting of laborers and animals

Chapter A man owes another man two debts, one with a mortgage and the other without a mortgage

Chapter Twenty-four: Judging by hand and weighing it and the evidence

Chapter Two evidence conflicts and can be combined

Separating two conflicting statements cannot be reconciled

Chapter 25: Judging the plaintiff's statement

Chapter on Believing the Defendant and Relying on His Statement

Additional information

Additional information

Weight 3 kg
Dimensions 20 x 20 x 20 x 20 cm
Author of the book