Papers by Badre Eddine Ezziti
مفاد , 2023
تناول البحث جملة من أهم القواعد الفقهية التي اعتمدها علماء مالكية المغرب الأقصى في التأصيل لاجتها... more تناول البحث جملة من أهم القواعد الفقهية التي اعتمدها علماء مالكية المغرب الأقصى في التأصيل لاجتهاداتهم والتعليل لاختياراتهم وآرائهم الفقهية في نوازل المعاملات لا سيما المالية منها، في فقه العمليات، مع الإشارة إلى بعض تطبيقاتها في فقه العمليات. وقد حاول البحث الإجابة على عدة أسئلة، أهمها: ما أهم القواعد الفقهية الخاصة المعتمدة في اجتهادات علماء المغرب في نوازل المعاملات المالية في فقه العمليات؟، وقد جمع البحث بين الجانب النظري والجانب التطبيقي، حيث تم استحضار نماذج تطبيقية من المسائل والنوازل الفقهية المختلفة في مجال المعاملات المالية في فقه العمليات المغربي، مستخدما في ذلك المنهج الاستقرائي من أجل جمع أهم القواعد الفقهية، بالإضافة إلى المنهجين الوصفي والتحليلي. وخلص البحث إلى حقيقة وهي قدرة علماء المغرب على طرح التجديد الفقهي في المعاملات المالية المبني على التجديد في أثر القواعد الفقهية التي صاغوا فيها المقاصد الشرعية مثل العرف والمصلحة العامة؛ إضافة إلى ضرورة استيعاب هاته القواعد استيعابا مصلحيا ومقاصديا من أجل حسن تنزيلها على واقعنا المعاصر المليء بالمعاملات المالية المستجدة والطارئة والتي في حاجة إلى اجتهاد مقاصدي مصلحي.
الكلمات المفتاحية: القواعد الفقهية، المعاملات المالية، فقه العمليات، ما جرى به العمل، علماء المغرب الأقصى.
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The International Scientific Forum
The aim of this study is to explore the functional role of religious moderation in strengthening ... more The aim of this study is to explore the functional role of religious moderation in strengthening tolerance and coexistence in multi-community. It also highlights its role in building a comprehensive national unity in the light of the contemporary religious, political, and social reality. This study uses the descriptive and analytical method to answer the research questions. It brings applied models from the life of the prophet to show the importance of religious moderation in civilizational stability. The third part discusses the empirical experience of Moroccan civilized model, as well as examples of its strategy for strengthening and implementing religious moderation in building Moroccan national unity. Keywords: Religious Moderation, National Unity, Multi-community, Civilized Stability.
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AZKA International Journal of Zakat & Social Finance, 2020, 2020
The Coronavirus has contributed effectively to the rise of religious fatāwā in all aspects of lif... more The Coronavirus has contributed effectively to the rise of religious fatāwā in all aspects of life, especially related to solidarity. One of the issues related to Coronavirus is the permissibility of paying zakat in advance to the due date to assist those affected by the pandemic. In this context, the religious Moroccan ʿulamāʾ issued a fatwā allowing a man to pay one or two years of zakat in advance to the due date. As a result, there have been numerous discussions around the issuing of this fatwā and other issues such as the role of ʿulamāʾ within Moroccan society during the epidemiological conditions, and re-establishing a formal zakat system. The objective of this article is to shed light on this recent fatwā to explore the causes and circumstances of this legitimate fatwā. It also aims to discuss the evidence used by the Moroccan ʿulamāʾ to issue this fatwā. By examining the Moroccan ʿulamāʾ fatwā, this article aims to show the role of the ʿulamāʾ in their communities during difficult times.
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AZKA International Journal of Zakat & Social Finance, 2020
The Coronavirus has contributed effectively to the rise of religious fatawa in all aspe... more The Coronavirus has contributed effectively to the rise of religious fatawa in all aspects of life, especially related to solidarity. One of the issues related to Coronavirus is the permissibility of paying zakat in advance to the due date to assist those affected by the pandemic. In this context, the religious Moroccan ulama issued a fatawa allowing a man to pay one or two years of zakat in advance to the due date. As a result, there have been numerous discussions around the issuing of this fatawa and other issues such as the role of ulama within Moroccan society during the epidemiological conditions, and re-establishing a formal zakat system. The objective of this article is to shed light on this recent fatawa to explore the causes and circumstances of this legitimate fatawa. It also aims to discuss the evidence used by the Moroccan ulama to issue this fatawa. By examining the Moroccan ulama fatawa,...
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International Journal of Innovation and Applied Studies, 2018
Considering the importance of transections in human life, the object of this article is to highli... more Considering the importance of transections in human life, the object of this article is to highlight one aspect of financial transactions, Salam transaction as an example, from the perspective of Islamic fi9h, especially Maliki fi9h and Hanafi fi9h. It examines it through point of view of two famous scholars of these schools, al-Fa9ih Ibn Abd al-Barr al-Maliki and al-Fa9ih al-Samraqandi al-Hanifi. It shows the differences between them, their reasons for that and the choice of their opinion either inside their schools or if they come out of their doctrine. It talks about Salam transection (contract) explaining its concept, terms, conditions, and other sides of it.
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This book is an attempt to find an answer for questions such as how Jews moved from Dhimmis to ci... more This book is an attempt to find an answer for questions such as how Jews moved from Dhimmis to citizens, and to what extent Jews achieve emancipation – the end to Dhimmi status. The aim is to highlight the legal status which had been obtained by the Jews in the aftermath of independence in 1956, and how and why these changes happened. It explores the shifting relationship between the Makhzan and Jews in Morocco in legal terms as well as in the emergence of new discourses of "equality" which the Makhzan began to use to describe treatment of Jews (how Jews should be treated) between 1856 and 1956. This will be through three chapters. The first one addresses the development of legal status of Jews in Moroccan Islam through constitutional texts up to modern time. The second looks at the changing of Jewish legal status in Morocco during the 19th century in reality and the attitude of Moroccan government about this change. The third chapter, presents the ambiguous legal status o...
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International Journal of Innovation and Applied Studies, 2018
This paper examines the question of the historical development of constitutional Islamic religiou... more This paper examines the question of the historical development of constitutional Islamic religious text of the legal status of non-Muslims in Islam from the beginning of the call of the Prophet up to the modern time. The paper follows and explores the nature of the religious foundations of the Dhimma system by shedding light on the constitutional religious texts that played a big role in the establishment of the legal status of non-Muslims in early Islam. This research based mainly on primary sources, particularly the classical works of Islamic law, but it will refer only to Maliki jurisprudence. This study will not look at the sources of Islamic law from the religious’ point of view. Second sources of data will be the secondary sources that are composed of specialized academic literature such as historical books, journal and magazine articles on this subject. This subject will be divided into through two sections. The first section, clarifies concepts such as Ahl al-Dhimma and dhim...
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The aim of this paper is to discuss in its preface a variety point of views of Islamic school of ... more The aim of this paper is to discuss in its preface a variety point of views of Islamic school of thoughts concerning the accurate definition of concept "Khabar al-Wahid ". It will examine the method of Hanafi's school of thoughts and the method of majority of jurists in terms of providing definition for the previous term. In the first part, it provides a wide range of arguments for and against of believing that employing Khabar al-Wahid as a proof for two kinds of issues in Islamic Sharia. This paper claims that this type of Sunna is an acceptable source for either doctrinal issues or principle ones. It should be emphasizing on the fact that the majority of Muslim scholars believe that this type of Prophetic saying is not strong enough to prove doctrinal issues because such issues need to be built on sacred texts that certainly proves this sense. For the majority, this level of certainty is impossible with this sort of Prophetic tradition. More importantly, we fully convinced that "Khabar al-Wahid" has been practically used by many Islamic scholars to prove doctrinal issues even though they reject this way of understanding conceptually. The second part of this paper has dealt with another related controversial issue which is that "Khabar al-Wahid "should be applied in worshiping context under the belief of obligatory ﺍﻟﻮﺍﺣﺪ( ﺑﺨﺒﺮ ﺍﻟﻌﻤﻞ )ﻭﺟﻮﺏ or having a choice () ﺍﻟﻮﺍﺣﺪ ﺑﺨﺒﺮ ﺍﻟﻌﻤﻞ ﺟﻮﺍﺯ. In this context, this paper widely provides arguments for and against. It also gives special attention to discuss weakness and strength of the two sides of these arguments.
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Muslims believe that Islamic teachings involve guidelines and principles, which should be followe... more Muslims believe that Islamic teachings involve guidelines and principles, which should be followed, to all needs of Islamic society, starting from spirituality needs, such as prayer, into economy and politics, including the relationship between human behaviors and the environment, particularly in the field of designing houses and buildings. In this regard, Muslim jurists have derived from the Holy Qur’an and the Prophetic traditions that have direct applications in the domestic sphere. There are many principles and guidelines that should be respected in the design of Muslim homes/neighborhood buildings. This article will follow and explore some of these principles focusing on two as an example; privacy and avoidance harming the right of others because of their significant effect on the neighborhood housing organization in the Islamic culture. The aim is to find out the importance of these principles and guidelines in achieving tranquility (sakīnah) and peacefulness in homes, in addi...
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مجلة الميادين للدراسات في العلوم الإنسانية, 2020
This paper aims at examining the way religious minorities groups have been treated either in Egyp... more This paper aims at examining the way religious minorities groups have been treated either in Egypt or in the United States of America. The paper highlights the fact that minorities rights have been taken into account of international community since the 17th century. It also points out that after the World War I onward, minorities suffer extreme violation of their basic rights. The paper emphasizes that in the time being, providing minorities with sufficiently effective means to protect their rights because there is more conflict than it was before the 9/11 terrorist attacks. It is ended by making an obvious conclusion that minority in Egypt and in the United States of America are discriminated against to a variety degree.
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International Journal of Scientific & Engineering Research, 2020
In the belief of Muslims, Islamic religion is not just a system of faith and belief, but it is al... more In the belief of Muslims, Islamic religion is not just a system of faith and belief, but it is also a law that organizes daily behaviors of the people. From the emergence of Islam, Islamic law has taken a concern of architecture. The Medina of Prophet is cited as an example of Islamic city that was established based on the Islamic instructions and guidelines. During the Prophet's time, architectural buildings were built under certain Islamic guidelines. This article will Trak and discuss some of these Islamic principles and behavioral guidelines that should be respected among the planning buildings. It will concentrate more on two issues which are related to harm such as pre-emption and how it can be solved in the light of the Maliki jurisprudence.
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AZKA International Journal Of Zakat & Social Finance (AZJAF), 2020
ABSRACT The Coronavirus has contributed effectively to the rise of religious fatāwā in all aspect... more ABSRACT The Coronavirus has contributed effectively to the rise of religious fatāwā in all aspects of life, especially related to solidarity. One of the issues related to Coronavirus is the permissibility of paying zakat in advance to the due date to assist those affected by the pandemic. In this context, the religious Moroccan ʿulamāʾ issued a fatwā allowing a man to pay one or two years of zakat in advance to the due date. As a result, there have been numerous discussions around the issuing of this fatwā and other issues such as the role of ʿulamāʾ within Moroccan society during the epidemiological conditions, and re-establishing a formal zakat system. The objective of this article is to shed light on this recent fatwā to explore the causes and circumstances of this legitimate fatwā. It also aims to discuss the evidence used by the Moroccan ʿulamāʾ to issue this fatwā. By examining the Moroccan ʿulamāʾ fatwā, this article aims to show the role of the ʿulamāʾ in their communities during difficult times.
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International Journal of Scientific & Engineering Research, 2020
Muslims believe that Islam deals with different aspects of life among which are psychological iss... more Muslims believe that Islam deals with different aspects of life among which are psychological issues. Since people live nowadays in a very hard time which may cause psychological problems, we will shed light on crucial Islamic values which are inferred from the positions of fasting Ramadan. These values may help people get rid of the negative impacts of these circumstances and endure quarantine during the COVID 19 pandemic lockdown. This article will discuss these Islamic values in the light of the COVID19 pandemic, which has major implications, especially psychological-effects. It is also will examine the relationship between the Islamic spiritual and social-ethical values on one hand and the influence of fasting of the month of Ramadan on the psychological of a person on the other hand.
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International Journal of Innovation and Applied Studies, 2020
The aim of this paper is to discuss in its preface a variety point of views of Islamic school of ... more The aim of this paper is to discuss in its preface a variety point of views of Islamic school of thoughts concerning the accurate definition of concept "Khabar al-Wahid ". It will examine the method of Hanafi's school of thoughts and the method of majority of jurists in terms of providing definition for the previous term. In the first part, it provides a wide range of arguments for and against of believing that employing Khabar al-Wahid as a proof for two kinds of issues in Islamic Sharia. This paper claims that this type of Sunna is an acceptable source for either doctrinal issues or principle ones. It should be emphasizing on the fact that the majority of Muslim scholars believe that this type of Prophetic saying is not strong enough to prove doctrinal issues because such issues need to be built on sacred texts that certainly proves this sense. For the majority, this level of certainty is impossible with this sort of Prophetic tradition. More importantly, we fully convinced that "Khabar al-Wahid" has been practically used by many Islamic scholars to prove doctrinal issues even though they reject this way of understanding conceptually. The second part of this paper has dealt with another related controversial issue which is that "Khabar al-Wahid "should be applied in worshiping context under the belief of obligatory ﺍﻟﻮﺍﺣﺪ( ﺑﺨﺒﺮ ﺍﻟﻌﻤﻞ )ﻭﺟﻮﺏ or having a choice () ﺍﻟﻮﺍﺣﺪ ﺑﺨﺒﺮ ﺍﻟﻌﻤﻞ ﺟﻮﺍﺯ. In this context, this paper widely provides arguments for and against. It also gives special attention to discuss weakness and strength of the two sides of these arguments.
Bookmarks Related papers MentionsView impact
International Journal of Innovation and Applied Studies, 2018
Muslims believe that Islamic teachings involve guidelines and principles, which should be followe... more Muslims believe that Islamic teachings involve guidelines and principles, which should be followed, to all needs of Islamic society, starting from spirituality needs, such as prayer, into economy and politics, including the relationship between human behaviors and the environment, particularly in the field of designing houses and buildings. In this regard, Muslim jurists have derived from the Holy Qur'an and the Prophetic traditions that have direct applications in the domestic sphere. There are many principles and guidelines that should be respected in the design of Muslim homes/neighborhood buildings. This article will follow and explore some of these principles focusing on two as an example; privacy and avoidance harming the right of others because of their significant effect on the neighborhood housing organization in the Islamic culture. The aim is to find out the importance of these principles and guidelines in achieving tranquility (sakīnah) and peacefulness in homes, in addition to show how people can avoid violating the privacy of the others. All that will be analyzed in the light of the Islamic culture based on the Islamic law, especially the Maliki jurisprudence.
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International Journal of Innovation and Applied Studies , 2018
Considering the importance of transections in human life, the object of this article is to highli... more Considering the importance of transections in human life, the object of this article is to highlight one aspect of financial transactions, Salam transaction as an example, from the perspective of Islamic fi9h, especially Maliki fi9h and Hanafi fi9h. It examines it through point of view of two famous scholars of these schools, al-Fa9ih Ibn Abd al-Barr al-Maliki and al-Fa9ih al-Samraqandi al-Hanifi. It shows the differences between them, their reasons for that and the choice of their opinion either inside their schools or if they come out of their doctrine. It talks about Salam transection (contract) explaining its concept, terms, conditions, and other sides of it.
Bookmarks Related papers MentionsView impact
International Journal of Innovation and Applied Studies., 2018
This paper examines the question of the historical development of constitutional Islamic religiou... more This paper examines the question of the historical development of constitutional Islamic religious text of the legal status of non-Muslims in Islam from the beginning of the call of the Prophet up to the modern time. The paper follows and explores the nature of the religious foundations of the Dhimma system by shedding light on the constitutional religious texts that played a big role in the establishment of the legal status of non-Muslims in early Islam. This research based mainly on primary sources, particularly the classical works of Islamic law, but it will refer only to Maliki jurisprudence. This study will not look at the sources of Islamic law from the religious' point of view. Second sources of data will be the secondary sources that are composed of specialized academic literature such as historical books, journal and magazine articles on this subject. This subject will be divided into through two sections. The first section, clarifies concepts such as Ahl al-Dhimma and dhimmis by drawing a picture on the development of the concept of Ahl al-Dhimma in Islamic classical fiqh. The second section, analyzes the historical development of the foundational texts that determine the status of non-Muslims in early Islam up to the modern time.
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Papers by Badre Eddine Ezziti
الكلمات المفتاحية: القواعد الفقهية، المعاملات المالية، فقه العمليات، ما جرى به العمل، علماء المغرب الأقصى.
الكلمات المفتاحية: القواعد الفقهية، المعاملات المالية، فقه العمليات، ما جرى به العمل، علماء المغرب الأقصى.