The term ‘hiding’ has got a great deal of importance among those who are well-learned in reciting the Qura’n. Hiding does not refer to only one act but to a number of actions and deeds related to reciting. As the connotations of hiding are numerous; some reciters, especially those who are in their early stages, find great difficulty in understanding its aim. This research aims to solve some of the problems related to the above mentioned phenomenon, since the two researchers endeavor to discuss in depth the difficulties and present the right approach that may help in improving reciting.
Eligibility of the Disabled, Judge Position, Jordanian Legal System.
Publication year: 2006
Judiciary is one of the important authorities in the state. Considering the importance and magnitude of the judge’s status; Islam stipulates certain conditions for the eligibility of obtaining this position. The same thing is in the statute law, where no one can hold this legal status unless he meets the conditions specified for obtaining this position in the effective codes.
This research aims to investigate the eligibility of the disabled person to be a judge taking into account the different types and degrees of their disabilities. However, this study comes to a conclusion that the mentally disabled individual is absolutely ineligible to be a judge according to Islamic law and the Jordanian legal system. On the other hand, the physically disabled person is eligible to hold that status provided that his disability does not prevent him from carrying out the duties related to this position. However, being healthy and well-conditioned is more suitable for respecting the prestige of this kind of people who hold such public authorities. For this reason, the Jordanian shar’i judiciary system tends to regard the physically disabled person as being ineligible to hold the judge status at all. In addition to this, the latter legal system considers the occurrence of the unexpected physical disability to the shar’i judge as being a reason for dismissing him from his position.
The legal system has been influenced by internal and external will theories.
Some legal system experts adopted the first theory and others the second one. The importance of specifying which theory any country adopts lies in identifying the different legal effects, and among the most important effects is the possibility or otherwise of investigating intentions of the parties; in other words, the ability of the court to investigate the intention of the parties.
Some states might be influenced in their legal systems by more than one legal approach. Those legal approaches or legal schools have some conflict in some matters, which makes it rather difficult to specify the adopted theories by the legislator or those which the legislator intended to adopt.
It appears that it might be a matter of concern in avoiding discussing and investigating the adopted theories in a specific matter; also, by accepting with no justification any theory.
The criteria must be represented in the legal principle itself which needs to be understood and researched.
One can find legal principles in the civil law which indicate to the explicit will and other legal principles which indicate the implicit will theory. The question remains in researching and investigating which theories the Jordanian legislator has been influenced by.
This study tackles the attributes of the servants of Allah, as mentioned in the Holy Quran in Surat Al-Furqan, from a rhetorical perspective. The research explicates the beauty and intricacy of the Quranic statements that express those attributes. The Holy Quran starts praising these servants by reciting the positive attributes, following them with the negative attributes which should be avoided. Moreover, the research pinpoints the rhetorical veracity and eloquency at its supreme levels; a matter that helps to uncover and describe the rhetorical aspects of the Holy Quran.
History of Penal Law, Evolution of Criminal Law, Principle of Legality, Crime, Penalty.
Publication year: 2006
Reading the history of penal law is very important. To imagine the future of this law, we must study its history and fix its roots.
Without going into details, we tried, with a simple language, to lighten the history of penal law. First, by presenting the main notions of penal law, its parts and the importance of devising crimes, then, by discussing the roots of this law, so that the reader can compare how this law was and what it became.
In this study, we saw how the penal French law has developed, since its birth, and still developing till now.
Eventhough the Jordanian legislator has been influenced by the French penal law, which had been translated in Lebanon, we find in the Jordanian penal law a double level of penalties, maximum and minimum. But we found that the Jordanian judges did not applicate the terms of law like the French ones.
The main theme of this article deals with the methodologies of translating religious terms in the Holy Qur’a>n. This article is divided into four chapters. The first chapter deals with the definition of translation and the opinions of Muslim scholars and jurists about the translatability of the Qur’a>nic scripture. The second chapter deals with the relationship between the universality of Islam and the importance of translating the meanings of the Holy Qur’a>n into other languages especially into English. The third and the forth chapters are the core of this article and they firstly, discuss the methodologies of translating religious terms in general, and secondly they discuss in particular special religious terms used in the Qur’a>n and the standards that the translator of the Holy Qur’a>n has to acquire. Furthermore, two main approaches and methodologies have been presented: on one hand Eugene Nida’s methodology which is called ‘dynamic equivalence’ related to translating religious terms has been presented. On the other hand, Lawrence Venuti has criticized Eugene Nida’s methodology and regarded it as a continuation to imposing Anglo-American norms and culture upon any translation and regarded this as an act of imperialism and ethnocentric violence in translation because the culture of the main language is not well presented in the target language. Venuti, instead, preferred ‘foreignizing’ translation methodology to ‘domesticating’ translation methodology accepted by Nida, because the former methodology preserves the culture of the main language in the translation process, while the latter does not regard this issue as an important one. The present article adopts ‘foreignizing translation’ methodology and apply it in translating the religious terminologies found in the Holy Qur’a>n such as Alla>h, s}ala>t, s}awm, zaka>t, h}ajj plus the names of the Qur’a>nic Suwar. Finally, the conclusion comes.
The present study deals with the issue of strengthening Muslim believers on earth through verses of the Qura'an. Such strengthening allows Muslims to defend their own land against their enemies and those who try to deport Muslims from their land. The ways of how to achieve control over land are identified through verses of the Qura'an and Prophet Mohammad's Sunnah.
This research determines the meaning of beauty and its sorts. It also talks about scouting beauty and savoring it, and it will end with the Islamic attitude towards beauty. The aim of this research is to ensure that Islam is the religion of beauty and that beauty is broader than what most people think. Moreover, It is replying people who think that the subject of beauty is a kind of deviation in Islam's point of view, and that Islam prevents it, so, the researcher ensured that beauty is the essence of the Islamic Legislation and that “Shari'a” aims to verify beauty and protect it in all ways.
The aim of this research is to study the acceptance of "Khabar Al – Ahad" in Islamic Comparative Jurisprudence. This has revealed the following findings:
1- The Prophet's Companions, and "Tabien", may Allah be pleased with them, used to accept "Khabar Al – Ahad" (in their judgments) at the time of the Prophet (P.B.U.H) and after his death.
2- The Prophet's Companions and "Tabien" used to refrain from accepting "Khabar Al – Ahad" in certain situations till they confirm the saying.
3- However, some schools of thought had put some constraints on accepting "Khabar Al – Ahad", such as contradicting Medina’s ways and customs, and that the narrator does not contradict himself… etc.
Development, Islamic View, Development Theories, Islamic Models.
Publication year: 2006
This study aims to reveal the development concept from all dimensions, and to elucidate the relation between this concept and achieving progress and stability for the entire Muslim World.
The study assumed that the development concept which belongs to the culture of the nation and its heritage will lead the nation to progress and welfare in all aspects of life.
To achieve the goals of this study, the development concept has been tested through the classical and neoclassical schools of economy. The theories of economical development have been studied through the values and cultural standards of the Muslim World.
The paper concludes that the development concept can not be separated from the Islamic values and culture of the Muslim societies, thus it is useless for the Muslims to import non-Islamic development theories.
This paper is an attempt to study a controversial issue among al-Usuliyin, i.e.: the scholars of the principles of jurisprudence.
Thus, it tries to asses the subject in question by analyzing and discussing the evidences provided by the scholars of this science.
This research concluded that the disagreement among al-Usuliyin is based on the issue of whether the indication of 'General' is definite or indefinite. Some scholars tend to consider specifying the 'General' by Khabar al-Wahid and analogy as acceptable.
Whereas other scholars -hanafiyyeh- adopt the opinion that it is definite; and they tend to regard specifying the 'General' by Khabar al-Wahid and analogy as being unacceptable.
This study aims to unveil the reliability of an academic scientific case that caused a well-known dispute in the old centuries, and still appears in modern times without a final clear-cut conclusion, even though it is indeed a vital and critical issue that should be explored.
It is the stand point of Imam Malik towards Al-Hadith Al-Mursal (the Prophetic Sayings that have been narrated by the Followers of the Companions without revealing their chain of narrators, i.e. their connecting thread to the Prophet Muhammad peace be upon him).
Taking into consideration the academic research methodology, we highlighted first of all the definition of this kind of Prophetic Sayings from a linguistic and terminological point of view; then we quoted the most well known comments for renowned scholars with their evidences on their opinions in this regard, and finally we tried our best to conclude the correct opinion that should be attributed to Imam Malik.
This research aims to find treatments for the Islamic Nation's situation these days so as to recover and stand again gaining its glory and nobility.
The writer draws the reasons of the loss and degradation which the Islamic Nation suffers from, derived from past incidents and consequences.
Moreover, he suggests the means of treatment for the nation’s revival so as to re-organize itself, all supported by scholars' opinions as Shatibi and Ibn Khaldoon.
In this research, the writer puts his own constitution for treatment and reform, drawn from Surat Quraish.
Inductive methodology, Texts of Qura’an and Sunnah.
Publication year: 2006
This research aims to clarify the inductive methodology which is considered in the statement of judgements through the indications of legislation.
It is clear that this methodology, which is considered in legislation, is based on two basic matters, which this study aims to clarify. These are:
- Arabic language which legislation enacted for understanding.
- The legislator’s identification in the pronunciation statements and the recognition of the induction method by applying it on judgements.