📚 Vol. 3, No. 5 📅 2023 📄 Pages: 21 - 38 🔗 DOI: 10.52688/ASP90153

The concept of arbitrariness in the application of rights within the context of sharia and legal systems

✍️ Authors

Farooq Abbas Nooraldeen Corresponding
.

📖 Abstract

This study aims to provide a comprehensive analysis and application of the theory of arbitrariness in the utilization of rights within the context of Sharia and legal systems. Specifically, it focuses on the arbitrariness exhibited by medical professionals as a model for understanding this concept. The primary objective is to elucidate the theory of arbitrariness in the utilization of rights between Sharia and legal systems, as well as the specific manifestation of arbitrariness within the medical profession. One illustrative instance. In light of this rationale, the present analysis undertakes a categorization of the theory pertaining to the arbitrariness in the use of rights, specifically within the context of Sharia and legal systems. The next discussion will delve into the arbitrariness that ensues from the interplay between Sharia and legal frameworks, with a particular emphasis on the discretionary powers wielded by medical practitioners. The text was separated into three distinct portions. In the first segment, Muhanna spoke upon the veracity of the idea, dividing it into two distinct subjects. In the first segment, the author expounded upon the concept of arbitrariness as it pertains to the use of language and terminology. In the following part, the author discussed the legal evidence that substantiates the idea. In the subsequent phase, an analysis was conducted on the controls and circumstances pertaining to the theory and its applications, which were further categorized into two distinct requisites. In the first part, an exposition was provided about the pillars, elements, and foundations that have been created for the theory of arbitrariness. In the following part, an analysis was conducted about the theoretical implications of the subject matter. In the following part, an exposition was provided about the concept of physician arbitrariness. In the first part, I explicated the notion of physician arbitrariness. In the subsequent portion, an analysis was conducted on the mistake that transpired inside the medical field, along with its consequential impact. This examination was further categorized into two distinct branches: the first segment including its definition, foundational principles, evaluative criteria, various classifications, and underlying factors. In the following part, an elucidation is provided on the consequences arising from medical errors, including two distinct concerns: The first concern pertained to the medical mistake perpetrated by the physician, but the subsequent concern elucidated the ramifications resulting from that blunder. In the concluding section, an overview of the suggestions and findings derived from this little research endeavor was provided.
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🔑 Keywords

Arbitrariness Theory Pertaining Legal Frameworks

📋 Publication Information

Volume
3
Issue
5
Year
2023
Page Range
21 - 38
DOI
10.52688/ASP90153
Publication Date
2026.01.17

🏛️ Author Affiliation

Electrical Department, Kirkuk Technical Institute, Northern Technical University, Kirkuk, Iraq

📝 How to Cite this Article

Farooq Abbas Nooraldeen . (2023). The concept of arbitrariness in the application of rights within the context of sharia and legal systems. Journal of Positive Sciences (JPS), 3(5), 21 - 38. https://doi.org/10.52688/259jps/ASP90153