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Comparative Jurisprudential Study of Prisoners’ Rights By: Abdul-Jabbar Az-Zarkushi This study has discussed many subjects about the rights of prisoners from the viewpoint of the Shi‘i and Sunni jurisprudents according to the narrations narrated by both the schools of thought. It has presented, too, the prohibition of torturing the prisoner, and if this has occurred by mistake, the doer must be punished or should guarantee for the wrong act, or pay out the due amount of money to the prisoner. It has also discussed the view which objects providing recreation and comfort for the prisoners, and this kind of viewing has been refuted because Islam has clearly secured this right for them. It has also dealt with the right of engaging the prisoner in good and useful job or work. It has talked of the necessary separating the youngsters from the grown up prisoners, and the women from the men. It has discussed, too, the prisoner’s right in providing the necessaries for the deceased dead of his close relatievs and escorting him to the grave. The article has mentioned the due expenditure and money to be spent on the prisoner during the period of his imprisonment. It has dealt, too, with the study of his accusation by the new judge, and the necessity of hurrying up this study or investigation. Moreover, it has shown, too, the prisoner’s right in meeting with his wife and his close relatives or kinsmen, and performing the duties of worship of Almighty Allah. We, in fact, can refer to the most important findings and results taken from this study such as the fact that the doorways of the mercy and compassion of Almighty Allah are widely open for all, even for those who deserve the severe Divine specific punishments (hududullah). The Holy Shari‘ah (Islamic Law), by the prison means and aims at reforming the criminals on the one hand, and punish them for the crimes they committed against the other individuals, the society and the general welfare, on the other hand. Therefore, it is necessary to observe and take care of the rights of the arrested person or prisoner, for Islam stresses the protection of the human dignity and honour, and grants him the rights of meeting his wife, other members of the family and close relatives, and hurrying up the study of his charge or accusation. Furthermore, the article has mentioned, too, impermissibility of insulting, dishonouring or destroying his social personality. Rather Islam has put emphasis on meeting his necessary needs and spending money to realize his necessities, educating him spiritually and morally, and dealing with him kindly with sympathy and compassion. Moreover, Islam provides for him all the necessary means for healthy life and living by maintaining or securing the sanitary conditions, and the requisites for his comfort. It has also mentioned the conditions of the prison, such as its vastness and cleanness, and the necessity of taking him out for breathing the fresher air, and for looking at the scenery, and letting him enjoy himself with the scenes or landscape. Other proper and good conditions should be supplied with the air-conditioning devices, with good fresh air, heating devices, enlightenment means, providing the suitable clothes for each season. ------------------------------ The Effect of Fatwa (Legal Opinion) on Emphasizing the Ummah’s Wasatiyyah (Temperateness, or moderation), and Confronting Exaggeration and Extremism By: Dr.‘Abdu - Llah Ibn Muhammad Ibn Ibrahim Al Ash - Shaykh This brief research contains some findings and results as follows: First: Islam is the religion of wasatiyyah (temperateness) and moderation, for it negates and rejects exaggeration and extremism and it commands the just and fair choice. Secondly: Islamic Shari‘ah (Islamic Law) is based on ease or easiness and tolerance as it is clearly mentioned in the Holy Glorious Qur’an and the Noble Prophetic Sunnah. Allah Almighty says in the Holy Qur’an ".. Allah desires for you ease and He does not desire hardship for you…" (2:185) Furthermore, He Almighty says: "Allah would make the burden light for you". (4:28) Regarding these aspects the Holy Prophet (S.A.) - in a correctly narrated hadith - says: "Surely religion is ease". And the Holy Prophet (S.A.) ordered his Ummah to adopt ease and tolerance.And he (S.A.) says: "Make ease and do not make difficulties". Thirdly: The person who attempts to issue fatwa (rligious legal opinion) in the Ummah should have or possess the necessary conditions and qualifications that qualify him for this status. Fourthly: The leading religious Muslims should give proper advice to the unqualified mufti. And if he refuses to accept any advice, they should prevent him from issuing any fatwa, as it is determined by the well - versed ‘ulama’. Fifthly: The Muslim should search well to know from whom he should take the fatwa, because it is the esteemed religion which does not have any compliment or mere courtesy in seeking for the right judgment. Sixthly: The greatness of the fatwa and its great prestige for the good ancestors, and their being afraid of issuing it without good qualifications is an evidence of their wisdom and sound heart, whereas leaving it by the qualified person, while the people are in dire need to it, is considered disobedience to Almighty Allah, and is hiding the science and knowledge of religion. ------------------------------ Wasatiyyah (Temperateness) Is Associated with Islamic Unity, and It Is Its Pioneer By: Dr.Shaykh Muhammad Ridha Ridhwan - Talab ln fact many essays about the topic of the Islamic Unity and its necessity have been written and numerous lectures have been delivered, but its realization in the present actual situation is still characterized by ambiguity for people in addition to the existence of many obstacles in realizing it . Some of the most important obstacles and obstructions are: the extreme vision or viewing, and the extreme action among the followers of the different religious sects. Perhaps the good way for resolving this problem is writing down the culture of moderation and equilibrium. No doubt, this article indicates the different angles of equilibrium, emphasizing that the differences and disagreements are the result of intemperance and extremism. Whenever we get rid of this negative quality in the Islamic society we will attain the unity, harmony, sympathy and love among the human beings. The equilibrium is a symbol for integrity and felicity in all the affairs of life, and it is the unique way to furnish the Islamic unity, reserve it and to promote the status of the Islamic Ummah. Moreover, safeguarding the solidarity of the Ummah is made by arranging the plan of balance and equilibrium and getting rid of extremism and excluding all the extreme inclinations and intentions in the theoretical and scientific issues. And this does not mean getting away from the subjects of truth, or neglecting the sublime values. ------------------------------ Collective Ijtihad By: Dr. Ahmad Ar-Raysuni As a matter of fact, if the term ijtihad has been known, determined, and become self-evident since the first Islamic age, the attribute of jama‘i (collective) and its meaning is also going to be spread and published in this age.Regardless the difference in the definitional forms preferred by every one but nobody differs in the fact that the content of the "collective ijtihad" is issued by a group of ‘ulama’ after conversing, consultation and conferring on the determined ijtihadi issue. So the entrance of both elements of the group and the dialogue in the ijtihadi effort or endeavour, and the agreement on its result, all grant ijtihad the attribute of "collective". So, if a number of ‘ulama’ have agreed upon a certain ijtihadi issue, without meeting together and having a dialogue and consultation, in this case, their ijtihad and agreement would not be really collective ijtihad. Moreover, it is not considered so, if they have met together and discussed the matter, but they have differed or disagreed upon it, whereas every one expressed his own ijtihad and his viewpoint. Yet, if all of them have not agreed together upon it, and the ijtihadi issue or fatwa has been issued in the name of a large part of their group this would be also called a collective ijtihad, especially when those who have agreed upon the fatwa have formed the majority. ----------------------------- Fanaticism, and Fanatic Religious Sectarianism, and the Methods of Taqrib (Rapprochement) By: Zaki Al-Milad We turn our attention now to the ‘fanatic (religious) sectarianism’ being one of the most fanatic forms of fanaticism, which inflicts the Islamic societies in many historical stages, then we raise this question: "How can we define the meaning of ‘fanatic sectarianism’?" When we go back to the scientific meaning of ‘fanaticism’ we can say that the fanatic sectarianism is a type of a mental and self conduct which is characterized by clear and open partiality and strong inclination to a certain religion, and its advocate remains watching and looking out the rest of the other sects in the Islamic societies, either with a kind of bad opinion and thinking, or with a negative tendency, or taking a hostile attitude which is clearly seen or watched by the others. Of course this means that fanaticism, in this case, cannot be hidden or covered. Moreover, it is not the desire of that who keeps to this fanatic conduct to hide or cover such behaviour. ln addition to those aspects and qualities he cannot tolerate this mentally and psychologically. ln fact, the problem in the fanatic (religious) sectarianism lays in the way of understanding, viewing, and dealing with the other religious sects. This will be seen clearly by showing hostility towards them or by belittling and degrading their roles, or distorting their images. We clearly notice that these acts and attitudes are really based on ignorance and the shortage of knowledge and understanding about these other sects. And this follower of the sect does not care for exerting effort to gain sufficient knowledge or acquaintance with such sects. On this account, we can say that the fanatic (religious) sectarianism is originated and shaped in a ground and a climate of rupture of relations with the others, and self - isolation or seclusion from them. Moreover it is built on the bare ground of learning and knowledge about the other religious sects, and being far away from their sciences, references, scientific and literary sources. ln this case such mentalities of this kind cannot see other religious sects except for being in a clear error, while considering themselves as the upright and truthful ones.

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