The abuse of the right and its impact on the door to the banquet
Abdullah Hizam Fahid Al-Ajmi and
Prof. Dr. Ridina Ibrahim Al-Rifai
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Abdullah Hizam Fahid Al-Ajmi: Jurisprudence and its origins, University of Jordan, Jordan
Prof. Dr. Ridina Ibrahim Al-Rifai: Professor of Jurisprudence and its Fundamentals, Faculty of Sharia, University of Jordan, Jordan
Journal of Social Sciences (COES&RJ-JSS), 2020, vol. 9, issue 2, 324-353
Abstract:
The researcher has addressed in this study about the abuse of the right and its impact on the door of the banquet, there is no doubt that the door to the banquet is one of the important things that people use in their daily lives, and it is one of the most prominent ways of marriage, it is from this standpoint that the researcher has taken up this study and divided this study into two subjects and it falls Underneath are demands, as he discussed in the first topic a definition of arbitrariness and the right language and terminology, and mentioned evidence of arbitrariness from the Qur'an and Sunnah and the effects of the companions and legislative principles and legal rules, as well as the researcher mentioned the criteria of the theory of arbitrariness in the use of the right, and the part resulting from arbitrariness, and the second topic the researcher has touched the definition of the banquet in the language and convention, and mentioned the legality of the banquet and the ruling on its answer, and the researcher expressed the arbitrary use of the right in the banquet section. This study concluded that what is meant by arbitrariness is to contradict the intent of the street to act legally authorized according to the original, and that the criteria for arbitrariness are divided into two parts, namely the subjective criterion and the objective criterion, and that the general standard that regulates the criteria: is the use of the right other than what is prescribed for it, and that Abuse of the right to enter the feast door.
Keywords: altaeasuf; alhaqu; alwaliamat (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:jso:coejss:v:9:y:2020:i:2:p:324-353
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