The aim of this research is to discuss Article 12 of the Law (31) of December 1987 on reformation of the French Administrative Judicature which allows the administrative courts to refer in accordance with an unchallengeable judgement a judicial question to the French Council of State to seek its opinion before passing a judgement on a case under trial.
The study looks into the conditions of question of merits, which justify the reference of a judicial question, such as: the question should constitute a precedent that could be raised in similar disputes. The study also discusses the formal and procedural conditions, which a judicial question should fulfill as regards the form and nature of the application to refer a judicial question. It also reviews methods for submitting an application for a reference defining the bodies entitled to apply for a reference of a judicial question besides the nature, duration and effects of the opinion passed by the council thereon.
The study has stressed in its conclusion the direct positive effect of the opinions of the French State Council on the process of the case brought before the administrative courts as these opinions enlighten and assist the courts in passing their judgments. The indirect positive effects of the French Council’s opinion on the administrative judicature in general are also stressed particularly its role in alleviating the burdens rested upon the French State Council and on unifying the legal judgements passed by the Council in its capacity as the supreme judicial body in the administrative disputes
Subrogation is a lawful situation that enables the third party if he paid the creditor his loan to get the same lawful position of that creditor according to his debtor, so that the payer could ask the debtor what he paid with the same rights and guarantees, which were to the creditor on his right. On the other hand, the debtor could face the payer with the same exceptions, which were to him against the creditor.
Subrogation is of two types, one is lawful based on articles of the law, thus this type is not to be worked without an article in the law, and the other type comes from a deal between the payer and the creditor or the debtor.
This paper aims to study a topic that has been ignored by a lot of Muslims, who believe that if a Muslim commits an unprecedented murder, he should pay compensation. A lot of Muslims ignore that the purification of sin in the case of unprecedented murder is obligatory. The paper explains the rules of the purification of sin for the unprecedented murder. The obligation of a mature Muslim is to make purification of sin; it is an emancipation of a slave if it is possible. If not, his obligation is to fast two successive months. If interruption of fasting occurs with no legal permission, he/she should start fasting from the beginning. Otherwise, this remains an obligation. If he/she passed away without purifying his/her sin by fasting and he/she was capable of doing it, his/her closest descendent will fast instead.
One of the urgent issues at both the national and international levels is that of the drinking water shortage in various parts of the world, including Jordan. Various parties are trying to deal with this problem by finding new resources and at the same time preserving the old ones, protecting them against pollution and using them efficiently.
Contributing to these blessed efforts, the researcher has conducted this study on the rationalization of water consumption in Islam and the role that religion can play in raising the public’s consciousness. The researcher shows how Islam can deal with critical problems facing the modern world, like water shortage in natural resources in general.
The Islamic shari'ah is based on simplification and relieving. It is a global, universal one that takes care of each individual equally without discrimination. Consequently, because the handicapped are an important part of the society, it illustrates that their need must be put into consideration, duties will be moderated and easened as much, but this moderation must be controlled by the condition of each. However, the shari'ah does not annulate the Islamic obligations. Therefore, these obligations should be performed by the handicapped as much as they can and Allah does not ask you some thing more than your strength and ability. To sum up, all these things lead us to the greatness of Islam, for it takes care of the healthy person and the one with special needs.
The Holy Quran, the holy answer, to read, to understand, the text, the dialog
Publication year: 2005
The Quran is the holy answer to those who have questions and problems with life and existence. The answer was inspired by God the Almighty in Muhammed son of Abdullah’s heart. The divine message firstly was transmitted by Him to His close neighbourhood from there to all humanity in accordance with its origin.
The Quran of today is the same as revealed to Muhammed in 610 AC. This holy message has been waiting for meeting those who are aware of problems and questions about life. We tried to express the reason why the meeting is necessary. The answer of how Quran describes itself actually puts forward why the human being should be connected with it. For the meeting takes place on the safe ground it has been explained how we should understand Quran.
salvation, principles, Surat al-Asr, believing in only one God (Allah), advice of the fairness, truth and patience
Publication year: 2005
The Holy Qur’an was transmittted by Allah to Mohammad (peace and blessings of Allah be upon him) via Gabriel (peace be upon him) as the last heavenly book for the enlightenment, welfare, and happiness of mankind. Therefore, the Holy Qur’an includes principles addressed to all people until the end of time.
In this research we show how Surat Al-Asr highlights principles of salvation for humankind. In this Sura are the basic principles of human liberation for here and the afterworld; believing in only one God, doing one’s best as a Muslim, advising fairness and patience summarized in three brief verses.
To be happy here and in the hereafter, as well as to eliminate one’s frustration in the Next World, one needs to follow the guidance of the Holy Qur’an.
A number of religious texts have ordered that plastic surgeries be prohibited regarding Muslim women.
However, some jurisprudents limit this prohibition to single Muslim women but legalize such surgeries in the case of married Muslim women.
The present study handles different cases of such surgeries and distinguishes between cases allowed and cases prohibited by husbands. Evidences that support each case have been provided. The study concludes that the husband’s permit is the primary factor behind a number of plastic surgeries. Furthermore, such surgeries have to be constrained so as to remain within the frames permitted by Islam.
This paper covers comprehensively the subject of al-Najash which is one of the forbidden transactions in Islamic Shari’ah. It provides by an analytical way a deep study for all the issues relating to this subject in Islamic Jurisprudence, such as its concept, ruling, causes, and its consequences on the contract. This research embodies also an assessment for the rulings of al-Najash according to the Jordanian law. It sheds light on its consequences on the contract according to the Jordanian Civil Law and the punishments which are due on the person who commits this crime according to the Jordanian Penalty law and some other Jordanian laws.
Further, this project devotes a whole chapter to research and deduct the contemporary applications concerning al-Najash. It illustrates its applications in the auctions, the field of bids –tenders–, trading in the copyrights and incorporal rights, trading in estates, and the field of advertising. Moreover, one of the important themes that are studied in this project is the motivations and reasons for committing al-Najash. This is in addition to assessing the appropriate solutions for them.
Preventing Prophet Mohammad – Peace Be Upon Him – from being killed is one of the issues that moved the researchers’ concerns and efforts. This paper is in the context of these concerns and efforts; it aims at serving the Islamic Belief. It tries to discuss the apparent contradiction between the sayings of Prophet Mohammad in relation with the “poisoned goat” and the Quranic verse of preventing the Prophet from being killed.
Temporary laws are legal acts that Jordanian cabinets use in the cases of emergency, when the parliament is not sitting or when it is desolated in accordance with article 94 in the Jordanian constitution. After the Law of Supreme Court of Justice 12/1992, it became possible to delay the temporary laws which violate the constitution.
The question which arises here is: whether the legal system of administrative actions is applicable to the delay of temporary laws actions?. For: this purpose this study deems to discuss the interest condition as one of the main conditions to the delay of temporary laws actions
Authors: Al-Abed Khalil Abu Eid , Abd Al-Jalil Dhamrah
Publication year: 2005
This study handles the Ulama’s methodology in proving the definity in the fundamental rules. Through research and investigation and following the Ulama’s views, it was clear that there are two methodologies that were used to achieve the definity in the fundamental rules: the deduction methodology, and using the mind to find the evidence. Therefore, we have simplified the views in each of them so as to declare the characteristics of each of them.
In addition, we have discussed through evidence the renewal claims in the rules of jurisprudence (fiqh) roots, as well as the reasons claimed by the theorists of this idea to justify its use, and we concluded that it is a project that aims to divestiture the roots’ rules but not for renewal.
Temporary laws as legislative competence are very essential for the executive authority. They usually raise many problems when there is a judicial control on them, especially when this issue is related to the control of the Supreme Court of Justice. This is due to the constitutional restrictions upon this competence, particularly with reference to necessity limitation, and the legal description of the nature of these laws. This paper addresses the following question: Is there any means to reach active supervision upon this right of the Supreme Court in order to achieve the right application of the principle of legality and the enforcement of the principle of supremacy of law, taking into consideration the balance between public welfare and the basic rights of citizens? The main focus, therefore, is on the ways that enable the courts, in general, and the administrative courts, is particular, to exercise control over these temporary laws through the proper description of their nature. Since these laws, judged by formal criteria are considered administrative acts that do not differ. from administrative decisions in nature, we will deal with the subject under two headings: the nature of these laws and the extent of judicial control over them.
The purpose of this study was to shed light on a feeling aspect of Hadith criticism; an aspect that is often unjustified by the direct cause of Hadith criticism. In applying these causes on narration, they are not subject to any feeling domain in criticism. But these direct causes in criticism are accepted in judging narration without taking into account any indirect considerations.
Some expressions of this feeling aspect in criticism emerged in the uses of some critic imams and their critic choices. But it has no deep-rooted domain, which specifies the accepted cases of application of this kind of criticism, as compared to unacceptable cases. This study is a research attempt, which aims to pursue the artistic feeling trends of the critics, which are mostly unjustified. It also aims to trace those who attribute their judgment of Hadith to their essence and call this an inspiration knowledge.
Reported here are the effects of additive formic acid on inhibitory effect of Salmonella gallinarum in poultry feed. Two experiments were conducted to investigate the viability of S. g. and pH of poultry feed using different dietary formic acid level (0.0, 0.5, 1.0 and 1.5%) on inhibitory effect of S. g. in broiler feed.
Experiment one was conducted to investigate the viability of S. g. and pH of artificially contaminated diet at 0, 1, 3, 5 and 7 days after treatment in vitro. Formic acid showed a significant (P < 0.05) reduction in the viability for all treatments with time after treatment. Various formic acid levels in vitro showed a reduction in the pH of the diet depend upon the concentration of treated acid and the diet remains acidic below the growth range of S. g,. which means that the bacterial cells were exposed to stressful conditions that make them unable to grow.
Experiment two was conducted to find out the effect of dietary formic acid levels on S. gallinarum colonization and pH in the contents of crop, small intestine, large intestine and ceca and mortality rate of broiler chicks at 7, 14, and 21 days of age when fed artificially contaminated diet with S.g. The numbers of S.g. re-isolated from all treated groups except groups treated with 0.5% formic acid, decreased significantly (p < 0.05) compared with the control groups. The treatment significantly (p < 0.05) lowered the pH of the crop, small intestine, large intestine, and ceca contents in all groups except the groups treated with 0.5% formic acid compared with the control.
The mortality rate of all treated groups showed a significant (p<0.05) reduction in overall mortality rate during (3-21 days) compared with the control.
These results indicate that the addition of formic acid in a total concentration of 1.5% to the diet of newly hatched broiler chicks decreases significantly the contamination diet with S.g.