“伊斯兰法律规定防止种族灭绝的动机”

فراس فياض يوسف
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引用次数: 0

摘要

“当推断所有法理学章节的法律文本时,我们发现它们围绕着五个整体目标(保存:宗教,自我,荣誉,思想和金钱),并且全能的上帝为此制定了他的规定。沉思其中提到的每一章,我们发现保护人类灵魂的轴心是突出的,无论宗教和种族,最轻微的观察者都不能忽视它,相反,我们发现它已经渗透到所有权利中:身体和心理,考虑到所有的个人自由。因此,通过这项研究,我想阐明这一领域的一个重要部分和一个主要因素,这就是保存人类灵魂的这些必需品的动机;因为正如我们所知,大多数法律裁决,如果不是全部的话,都是动机,而不是裁决。因此,我们发现她对那些在鼓励和恐吓之间负责的人的称呼,第一种在伊斯兰教法中更常见,我们发现伊玛目Abu Ismail Al-Harawi (481 AH)指出,在解释裁决时,缺陷的作用导致法律裁决价值的削弱,导致动机的消失,他说,愿真主怜悯他:(提高命令和禁令:是它们不与干巴巴的让步相矛盾,不使自己暴露在过度的压力之下,也不导致削弱服从的理由)Manazel al - sareen,(第81页)。理解和观察它们甚至比必需品本身更重要;因为如果不知道它的作用,它是如何起作用的,它是如何产生效果的,以及如何运用它的影响,那么了解它并从《古兰经》和先知圣训中展示它的好处是什么呢?这就是我将在这几页中解释的防止种族灭绝发生的必要性的动机。”
本文章由计算机程序翻译,如有差异,请以英文原文为准。
"Motivation of the imperatives of Islamic law in preventing genocide "
" When extrapolating the legal texts in all jurisprudential chapters, we find that they center around the five holistic objectives (preserving: religion, self, honor, mind, and money), and for the sake of which God Almighty legislated His provisions. Meditating on every chapter mentioned in it, we find the axis of preserving the human soul prominent, regardless of religion and race, and the slightest observer of it cannot ignore it, rather we find that it has permeated all rights: physical and psychological, taking into account personal freedom in all of that. Hence, through this research, I wanted to shed light on an important part and a major element in this field, which is the motivation () of these necessities in preserving the human soul; Because as it is known that most of the legal rulings, if not all of them are motives, not rulings. Therefore, we find her address to those responsible between encouragement and intimidation, and the first is more frequent in Sharia, and we found Imam Abu Ismail Al-Harawi (481 AH) pointed to the role of defect in the explanation of rulings that leads to the weakening of the value of the legal ruling, with the consequence of the disappearance of motivation, where he says, may God have mercy on him: (Exalting commands and prohibitions: is that they do not contradict with dry concessions, do not expose themselves to excessive stress, and do not lead to a reason for weakening submission) Manazel Al-Saereen, (p. 81). Understanding and observing them is more important than even the necessities themselves; Because what is the benefit of knowing it and demonstrating it from the Book and the Sunnah of the Prophet without knowing its work, how that work and its effect, and how to employ that influence, and this is what I will explain in these pages from the motive of the necessities to prevent the occurrence of genocide. "
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