شهادة النساء من منظور فقهی

مریم بکر
2017 مجلة کلیة الشریعة و القانون بطنطا مجلة فصلیة علمیة محکمة  
‫إ‪‬اد‬ . ‫د‬  ‫ا‬   ‫ﺑﺎﻹﺳﻜﻨﺪرﻳﺔ‬ ‫ﺑﻨﺎت‬ ‫واﻟﻌﺮﺑﻴﺔ‬ ‫اﻹﺳﻼﻣﻴﺔ‬ ‫اﺳﺎت‬ ‫اﻟﺪر‬ ‫ﺑﻜﻠﻴﺔ‬ ‫اﻟﻔﻘﻪ‬ ‫ﻣﺪرس‬ ‫اﻷزﻫﺮ‬ ‫ﺟﺎﻣﻌﺔ‬ ‫اﻟﺒﺤﺚ‬ ‫ﻋﻦ‬ ‫ﻣﻮﺟﺰ‬ ‫اﻟﺒﺤﺚ‬ ‫ﻫﺬا‬ ‫أﻫﻤﻴﺔ‬ ‫ﺗﱪز‬ ‫ﺑـ‬ ‫اﻟﻤﻌﻨﻮن‬ " ‫ﻓﻘﻬﻲ‬ ‫ﻣﻨﻈﻮر‬ ‫ﻣﻦ‬ ‫اﻟﻨﺴﺎء‬ ‫ﺷﻬﺎدة‬ " ‫ﰲ‬ ‫اﻟﻤﺮأة‬ ‫دور‬ ‫ﺑﻴﺎن‬ ‫ﰲ‬ ‫إﺛﺒﺎت‬ ‫اﻟﺤﻘ‬ . ‫ﺷﺮﻋ‬ ‫ﲠﺎ‬ ‫واﻻﻋﺘﺪاد‬ ‫ﺷﻬﺎدﲥﺎ‬ ‫ﻗﺒﻮل‬ ‫ﺧﻼل‬ ‫ﻣﻦ‬ ‫ﻮق‬ ‫وﻧﺠﺪ‬ ‫أن‬ ‫اﻹﺳﻼﻣﻲ‬ ‫اﻟﻔﻘﻪ‬ ‫ﻗﺪ‬ ، ‫ﺑﺈﻃﻼق‬ ‫ﺷﻬﺎدﲥﺎ‬ ‫ﻳﻘﺒﻞ‬ ‫ﻟﻢ‬ ‫ﺣﻴﺚ‬ ‫اﻟﻨﺴﺎء‬ ‫ﺷﻬﺎدة‬ ‫ﻣﺴﺄﻟﺔ‬ ‫ﰲ‬ ‫ﺗﻤﻴﺰ‬ ‫وﻓﻄﺮﲥﺎ‬ ‫ﻃﺒﻴﻌﺘﻬﺎ‬ ‫ﻣﻊ‬ ‫ﻳﺘﻔﻖ‬ ‫ﺑﻤﺎ‬ ‫ﻗﻴﺪﻫﺎ‬ ‫ﺑﻞ‬ .
more » ... ‬ ‫ﻓﻴﻬﺎ‬ ‫اﻟﻤﻐﺮﺿﻮن‬ ‫ﻳﺤﺎول‬ ‫واﻟﺘﻲ‬ ‫اﻹﺳﻼم‬ ‫ﺣﻮل‬ ‫اﻟﺸﺒﻪ‬ ‫دﻓﻊ‬ ‫إﻟﻰ‬ ‫اﻟﺪراﺳﺔ‬ ‫ﲥﺪف‬ ‫ﻛﻤﺎ‬ ‫اﻹﺳﻼ‬ ‫اﻟﺘﺸﺮﻳﻊ‬ ‫ﻟﻬﺎ‬ ‫وﻇﻠﻤﻪ‬ ‫اﻟﻤﺮأة‬ ‫ﺑﺎﻧﺘﻘﺎص‬ ‫ﻣﻲ‬ . ١٠٠١ Summary of research This research highlights the "Women's Testimony from a jurisprudencey Perspective" in a statement on the role of women in proving rights through the acceptance of their testimony and their legal recognition. We find that Islamic jurisprudence has been distinguished in the issue of the testimony of women, where it did not accept the testimony of the launch, but restricted in accordance with nature and mushroom. This research was organized in an introduction, a preface, two papers, and a conclusion Introduction: The importance of research, research plan. In which the definition of the certificate, its legitimacy, its ruling, and the conditions of the certificate. The first topic: the rights that prove the testimony of women with men, and there are two demands: The first requirement: the testimony of women in the borders and punishment. The second requirement: the certificate of women in civil rights. Third requirement: Testimony of women in proving the crescent The second topic: the testimony of women alone, including three demands: The first requirement: the sayings of the Jurists to accept the testimony of women alone. The third requirement: the quorum for the testimony of women alone. The fourth requirement: suspicions about the testimony of women. I have reached through this research to several results, the most important of which: ‫ﻭﺍﻟﺜﻼﺛﻮﻥ‬ ‫ﺍﻟﺜﺎﻧﻲ‬ ‫ﺍﻟﻌﺪﺩ‬ -‫ﺍﻟﺜﺎﻟﺚ‬ ‫ﺍﻟﺠﺰﺀ‬ ١٠٠٢ 1. the importance of testimony in the report of the rights which are a means of evidence is important guide to the care of the street by urging and not to conceal them. 2. The testimony of multiple meanings in the language and its meanings, attendance, the definitive news, alliance and all these meanings enter the heart of the certificate. 3. Certificate is fixed by Quran, Sunnah, consensus, measurement, and impact. 4. Whoever accepts his testimony is a man or a woman whose testimony comes from two aspects: endurance and performance, and each of them has conditions that must be mentioned. Original Acceptance of the testimony of women to prove that the correct evidence. 6. The description of femininity in itself is not an entry into the devaluation of the certificate, and described masculinity in itself has no input in support of this value, but there are other things must be observed. 7. Accept the testimony of women in wounds and retribution in places of their own, such as weddings. 8. The permissibility of judging with the testimony of women with men in what is not money. 9. There is no difference between the Jurists to the acceptance of the testimony of women in money, such as sale, dismissal, Guaranty, fiduciary, mortgage, etc., and what comes to money as compensation for discharge and felony, which causes money as a mistake. 10. Accepting the testimony of the Muslim woman in proving the crescent of Ramadan. ‫ﻓﻘﻬﻲ‬ ‫ﻣﻨﻈﻮﺭ‬ ‫ﻣﻦ‬ ‫ﺍﻟﻨﺴﺎﺀ‬ ‫ﺷﻬﺎﺩﺓ‬ ١٠٠٣ 11. The testimony of women alone is accepted in regard to women, whereas the testimony of one man is never accepted. 12. The testimony of women is separate in some cases that are specific to women and men do not often see them. 13. The testimony of two women shall be accepted. 14. The Islamic legislation has set the record straight, and has given all its right without fail. Dr.. Maryam Abd Elsalam Bakr
doi:10.21608/mksq.2017.7752 fatcat:uysar3oprjc7liut7y2wuvrt74