وسائل الظفر بالحق عند الفقهاء

Abstract EN

Through the previous intensive study conducted by the researcher, it emerged that there is a difference of jurisprudence existing and different between the Islamic doctrines considered, and that each doctrinal method of methods in the collection of rights based on the evidence narrated by the researcher in each doctrine and discussed even briefly.

The researcher reached several things: what is forbidden to do except in the judiciary, where there is no dispute between the jurists that the origin in the completion of the penalties of Qusas and the limits of Taizir to be through the judiciary, and excluded the scholars of the Shafi'i for reasons mentioned by the researcher in the research board to meet it himself.

The fuqaha 'are of the view that it is not permissible to fulfill the rights related to marriage, suffering, divorce and divorce, through insolvency and harm, other than through the judiciary.

The fuqaha 'are of the view that it is not permissible to fulfill the right other than to make up one's judgment if the result of this is sedition or corruption that exceeds the loss of the right.

The fuqaha 'are of the view that it is not permissible to collect debts without a ruling.

The fuqaha 'have also stated that it is permissible to do the following: It is permissible to collect the assets that are due without a ruling, such as the eye of the mushrikah, where the fuqaha' are permitted to reclaim it from the usurper, and it is necessary to collect these objects without a judge, so that this does not lead to sedition or greater corruption.

Collecting the maintenance of the wife and children, the wife may take the money of her husband enough and enough children from him without his permission or the ruling.

The fuqaha 'also mentioned the issues that the fuqaha' differed concerning in the case of Zafr.

The scholars differed concerning the rights that are due to the dhimmis .

Some of them have permitted this and some of them forbid it.