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Search results: religious streams

Number of results: 4


Religion and youth
Annotation:

The article deals with religion, including Islam, which does not impose restrictions on obtaining knowledge. A learned person must keep up the pace of life in the contemporary world. Therefore, it is necessary to be able to manage the time given in youth correctly; try to get an education, to find a way to the mastery of a profession. The younger generation should strive to introduce modern technology.

Author: A.K. Aitzhanov
Year of release: 2016
Number of the journal: 4(64)

The place of concept «mafhum al-muhalafa» in the methodology of islamic law
Annotation:

The article examines in detail the role of the concept of al-muhalafa in making judgments from religious texts and other legal grounds. In addition, a comparative analysis of the legal and linguistic principles and features of the Hanafi and Mutakallim schools of Islamic law, as well as issues of disagreement between the two movements, will be considered. There is much debate among scholars as to whether Mafhum al-Muqhalafa is accepted as evidence. Even Abdul Aziz Bukhari said: "This issue occupies a large place in the science of jurisprudence," he said. That is, below we answer the question of how much influence the evidence from this principle has on the verdict and whether these sentences are legitimate. The principle of Mafhum al-Mukhalafa is not accepted as evidence in the Hanafi Madhhab, and the ruling resulting from it is invalid. This is because the concept of al-muhalaf is to render a verdict that contradicts the verdict in the text (Amidi), confirming a verdict that is not in the text, that is, according to Abu Hanifa, the verdict in the text and the verdict that does not appear in the text are not equal. However, in schools other than Hanafi schools, this principle fully applies. The authors used the method of comparative analysis of the Quran and the Sunnah of the Prophet, which are the basis of Islam, to prove your point Some scholars of the Hanafi Madhhab do not completely refute this principle. It is unacceptable to judge by this principle only by Sharia texts, but in everyday life, in communication with people, the concept of al-muhalaf is accepted as proof. Ibn al-Humam reports that the Hanafis do not recognize the concept of al-muhalyaf as proof only in Sharia texts. Therefore, scientists are divided into two main groups regarding the application of this principle as evidence, and each group has its own strong arguments, which are discussed in detail in the second part of the article.

Year of release: 2022
Number of the journal: 1(85)

Features of voluntary refusal depending on the construction of the corpus delicti
Annotation:

In recent years, the Republic of Kazakhstan has maintained an ambiguous criminal situation, and there is an increase in certain types of crimes, against the background of the overall positive dynamics of decline. Special attention of criminologists has recently been attracted to the study of crimes in the family and household sphere, and crimes committed in the sphere of religious and spiritual relations, since both of these types are showing increasing prevalence. Therefore, considering such an important institution as a «voluntary refusal», it would be advisable to consider them from the perspective of the offenses we have named, especially since countering them is one of the main directions of state criminal policy. In general, the study of the institution of voluntary refusal to commit an offense is based not only on coercive measures, but also on incentive measures, which means the opportunity to correct the behavior of the offender until the end of the illegal act. The purpose of this scientific article is to study the features of voluntary refusal to commit a criminal offense in crimes committed in the sphere of religious, spiritual and family-household relations, taking into account practice and making recommendations for improving regulations of a criminal nature. The leading methodological tools of the scientific article are dialectical, phenomenological, synergetic and systematic approaches of scientific cognition. Before proceeding to the analysis of the concept of voluntary refusal, it should be noted that the norms about it are far from perfect. There is no unambiguous understanding of the signs of voluntary refusal among scientists, which complicates law enforcement practice. One of the most important tasks of any scientific research is the development of scientific concepts. The consolidation of such concepts in legislation is an effective way to establish a uniform understanding of the norms, a clear idea of their content and, as a result, an increase in the effectiveness of the impact of criminal law in the process of legal regulation. However, these concepts themselves do not reflect reality like contemplation or representation, they are closer to the essence of the phenomenon. The article concludes that the essential features of the concept itself somewhat narrow the objective reality. But, at the same time, the correct identification of the main features in the concept is an important task of scientific research.

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Heading: Law