Debtor’s Share, Social Solitarity, Pelotot
Publication year: 2011
This paper, falls into three parts; the first one introduces the concept of Zakat in Islam. It is the poor’s right out of the fortune of the rich. It is also a way for the rich to worship and get closer to God through helping the poor.
In part two, the concept of Debtors and their status in the Share’a are explained a debtor is one unable to pay back his/her loans. The Share’a Law gives him/her a share to the charity funds. Part three defines three types of debtors and the conditions for their assistance. The first condition is that the one indebted for his own benefit, e.g. house loans. The second is that the one in debtet for that the benefit of others, e.g. contribution to social peace in cases of dispute. The third is each guarantor allowed the amount that covers his/her debt. The fourth section explains the Share’a rulings on three issues related to debtor’s share. The last and fifth section discuss the debtor’s share and its contribution to social solidarity.
This research has addressed the issue of Hadeeth intonation as it is mentioned in AL Hadeeth through examining its use and naming by contemporary scholars. The researcher achieved the following results: the use of the early and later people of intonation does not go beyond its meaning and to call it by this terminology it has not occurred except in the sayings of the temporary ones without even showing its principles and controls.
Researcher attempted to study the issue of relationship between the intonation in Hadeeth and the rationality science. It has been found that there is no direct relation to have intonation in accordance with a certain Hadeeth whether in its content or Intonation, Hadeeth, Vowels in supportive materials and the rationality science. Intonation scholars call it on the rational narrative at the same time they call it on narrative free of rationality. This is based on the aspect that based upon who called the intonation and on its meaning.
Researcher discussed several of Hadeeth narratives described as intonation and revealed intonation places with their description.
Issue Reference, Marriage, Rules of Marriage, Conditional Reference, Polygamy, Polygamy Restrictions, the Relationship between Arabic and Islamic Sharia
Publication year: 2011
The paper touches upon the close relationship between the Arabic language and Islamic Sharia through exploring the Quranic verse of marriage issue and marriage to more than one wife at the same time (polygamy). The introduction has shown the close relationship between Islamic Sharia and Arabic, the tool of knowledge and jurisprudence in Islam.
The first chapter shows the reason behind revealing the verse of polygamy, opinions about it, and the reason behind revealing the verse of orphan women. The chapter shows vocabulary reference and finally the role of all of this in inferring juristic rules of the above mentioned verse.
The second chapter talks about the absolute issue reference away from showing opinions of linguists and jurists. It also talks about rules of marriage in Islam and opinions of jurists depending on the bare-proof absolute issue. The chapter concluded that marriage in Islam in case of ability of fearing adultery is preferable.
The third chapter tackles conditional reference in the above-mentioned Quranic verse where there are two conditions and two effects as well. The first is to marry a non-orphan woman if marriage is unjust to her or whether she is unwanted. The second is about getting married to one woman only if the wives won't be done equal justice. The chapter exposes opinions of jurists as to the number of wives. The chapter thus showed restrictions of polygamy.
This study deals with the actual belief of Shikh Adey Ibn Musafir, a prominent scholar of Islam of whom people had different views; some gave him the level of divinity or associated him with God Almighty. Others described him as sofist of supernatural phenomenon. A third group considered him a very prominent scholar having the same creed of the Sunni school of thought.
The research shows also his relationship to the Zaidi school of thought and their extreme views of the sheikh; They related to him saying and deeds which, according to the Sunni school of thought, lead to infidelity. The paper has investigated his creed and thought for his most important book "I'tiqad Ahl AlSunnah Wa Aljama'ah".
In conclusion, the paper showed that the sheikh did not exceed the creeds of the Sunni school of thought particularly the Asharites who relied upon the text and the reason in proving their creeds.
The study tackled the importance of placing a considerable care for the linguistic context, so that we can have an accurate and sound understanding to the prophetic narration. The study shows that the context is a general conception which could mean many things such as knowing what comes after and before the text and the linguistic style of the text on the words structuring and organizing level where the position of words and the manner of expression is considered. The prophetic scriptures came through one of the most articulated men in the Arabian Peninsula, and here the significance of the linguistic competence and the linguistic appreciation in texts comprehension takes place. It is worth mentioning that the scholar demonstrates the efforts of the Imam Gargani in pointing out and shedding light over this part of the study; moreover, the scholar mentioned an applicable example of a prophetic narration (Hadeeth) that whoever wants to demonstrate what has come in, he will need the knowledge of the linguistic context of that (Hadeeth) by comparing it with equivalent narrations in the prophetic traditions, but without losing the sight of taking care of misunderstanding the texts due to ignoring the linguistic context.
The arbitration contract is held in conformity with the principles of Sharia and does not contradict the concept of contract, and it embodies the mutual welfare of the contract parties. There has been controversy among scholars concerning its obligatory attitudes towards the parties as they vary in determining when one of the contracted parties can review arbitration based on the differences in adapting the arbitration contract, that the jurisprudence scholars have cited, sometimes dropping judicial judgments on it to withdraw the arbitration contract. Therefore, some modern opinions have emerged as separate contract from the others, with no need to reassign any of the mentioned contracts. What suits the principles of modern era and requirements and respect for the prestige and arbitration procedures so as not to go that precede the issuance of the arbitration decision from the collection of data, investigations and special judgment consideration and refinement, where it is appropriate to decide whether the arbitration takes contract the mandatory character since its establishment: neither the aprties can, unless any of the parties has agreed to terminate after banishing.
Flexibility of the Islamic jurisprudence has great scope for making new contracts in accordance with established controls at Al Sharia that achieve the interests of people God has issued when making the legislations. If the ordinances had stipulated the need for contract arbitration once held, the law of Islam would have been free to emphasize the necessary in this particular contract arbitration and that this originally agreed with the view of Islam to respect contracts and the emphasis on credibility.
This research aims at examining the term of perverse interpretation and discussing of conditions, controls and determinates of the accurate interpretation. Furthermore, the research aims at defining the Ismailia Sect, whereas it is one of the sects that have deviated intellectual tendencies. Ismailia sect derived its thoughts and beliefs from various doctrines and several altered religions where Ismailia utilized the hidden or esoteric interpretation for the Book of Allah as a vicar to pass on its plans and agendas without taking into consideration the accredited and accepted interpretation rules while believing that the Imamhood is the primary pillar of all Islam’s pillars. Furthermore, present research aims at citing some applied samples of Ismailia deviated interpretation and challenge them such as: their interpretation of theological issues, prophethood and miracles, resurrection and people assembly, and their interpretation of prayers, fasting, Zakat, pilgrimage and other rejected interpretations for their deviation from what nation all believe with.
Al-Mathal is rhetorical fluent style which expresses the self emotions sense latent and presents reasonable in facts sense image. It reveals facts of difficult understanding and shows the future instead of present. It is the most important rhetorical styles which convince the mind, and affect conscience. Thus, it takes its place in mind and remains in the memory without being subject to forget. So his Al-MightyAllah mentions amthal in Holy Qur' an to exhibit the noble facts in its meanings, aims and splendid image by wording it in sense mould and bring it close to understanding in order to be and learn. The sense matters are clearly understood, while the mental matters are hidden and need explanation and statement. So the examples were indicated in a way that the self knows the meanings, gets acquaintance and showed it to the best way. Therefore, I introduce this research to get the light on the amthal in Qur'an and show its educational characteristics, objectives and Amthal Holy Quran rhetorical mark.
The reconsideration system Criminal Jurisprudence
Publication year: 2011
The reconsideration system in the modern Criminal Science is currently regarded as one of the methods of post care that is presented to those who have left prisons and judicial establishment. It is necessary to reach justice and to realize the targets of legislation of imposing punishment. Because the matter of such importance, it is natural to promote the judgment of this system in the frame of legislation and law.
This research is considered a humble contribution in uncovering some aspects of the system. In this area it enlightens all of the system parts and conditions with the evaluations of these parts and conditions in the Islamic legislation standards.
The Science of Counting Verses, Traditions and Traces.
Publication year: 2011
The science of Counting Verses is one of the most significant sciences, concerning the Holy Koran that number of Prophetic Traditions and Companions' and Followers' traces have mentioned it.
This research has aimed at clarifying how deep the science of Counting Verses has relied on traditions and traces and how deep the differences and coherence among them have been.
In this paper, the researcher has followed the traditions and traces, concerning the science of Counting Verses, and he has depended on the completely correct ones. Also, he has clarified the most significant derived indications from those traditions and traces.
Elimination, Performance, Restoration, Order
Publication year: 2011
Many Muslims tolerate to prayer that is the backbone of religion and they don't care about leaving it with the obligatory acknowledgment of sin. If one of them returned to his senses and God and asked how the judiciary? And what should he do to bridge what has happened?
This study came to a recipe of left-intentionally missed prayers and reached to the necessity of spending immediate and mustahabb in order and the validity of prayer with no order in addition to mustahabb into account the performance status of the judiciary, in pronouncing and silently and ears, accommodation and Qunoot and the community, and the health of the elimination of the group behind the performance of both agreed to pray a prayer the congregation with the imam or prayer disagreed, the validity of the judiciary in times of prohibition, the health of the judiciary from the dead and ransom him out if he has repented and returned to God, or was the death of prayer excuse.
This paper aims at clarifying God’s care to achieve justice among people and shows how He encouraged them to apply this principle in their trade and threatened them to launch punishment against them if they refused to comply with this principle.
The paper talks also about AlFujjar (disbelievers, sinners, evil-doers and wicked), evil sayings, and the horrible consequences of their stands; they are deprived from looking at the face of God and will be punished in the Hellfire. On the other hand, it presents the bright image of Al-Abrar (the pious who fear Allah and avoid evil) who will be On throne, looking (at all things) and will be given to drink pure sealed wine.
The research also shows that for this let (all) those strive who wanted to strive (i.e. hasten earnestly to the obedience of Allah). Not for the sake of worldly things.
Finally this paper aims at revealing what the believers used to face from the Fujjâr (disbelievers, sinners, evil-doers and wicked) in this worldly life of mockery, winking one to another, and what will be the case in the Day of Resurrection of humiliating those disbelievers and honoring those believers.
Problem of the Right, Musical Works, Passengers, Airplanes
Publication year: 2011
No doubt that just considering the implications of this study is an indicator measuring the extent of the developments the various aspects of the literary and artistic property witnessed in realty. This progress necessitated an intensive follow-up effort by the national legislations, which seek for approximation between the requirements of such development and at the same time providing the necessary protection as a guarantee towards reinforcing this development and reaping its acquirement as well.
Amidst this scene, availing the musical works for the passengers abroad by the airplanes became a premonition encompassing the questions of the right proprietors about the returns they may gain as a result of such practices by the airway companies. Still, at the same time this act helps other factories for gaining the trust, confidence and fame of the air carrier with respect of the services available aboard by the transportation means.
Under such nomenclatures, the investigation for establishing the legal foundation to deal with the materialistic development vocabularies is a target through which we aimed at measuring the research on the motives that made the proprietors of the literary and artistic rights on the musical work stop demanding protection of their rights against such practices; and whether there are indicators in the law that embody this protection practically.
There is an overlap between trade secrets and patents as being part of intellectual property rights whereof leads individuals to look for the applicable law for protecting their creations. This study concentrates on the Jordanian Patents Law and the Jordanian Unfair Competition and Trade Secrets Law as well as comparative legislation and judicial decisions to clarify the appropriateness of applying and protecting creations. This study reached the conclusion that there is no certain measurement for differentiating between trade secrets and patents rather than the subjective conditions required by law. Those conditions are enough for such differentiation since the nature of any creation by itself can guarantee the law that shall apply for protection.
The situation in which the individuals life and practice their fundamental rights and public liberties. The aspects of this situation are called constitutionalment environmental right i.e., the right in a good environment. A comparative constitutional regimes do not follow the same way in the constitutional regulation of this right.
This study aimed at discussing the actuality of the attitude of constitutional legislator in comparative constitutions, especially in Jordanian and Spanish cases.
Buying and selling currencies are an old issue in the books of Islamic figh, which has been discussed under the section of exchange as one of the types of selling in the Islamic sharia, however the methods related to their trade, volume, conditions and types of operations, use of modern telecommunication like the Internet are all new issues, which constitute a major portion of today’s investment.
Because they are different, it takes along time to study the systems of companies investing in this sector as well as their investment.
Contracts, forms and conditions, therefore, seem suitable in this study to focus on some of the restrictions, conditions forms and rulings of this kind of trade without going into every single contract.
The research aimed at studying the printed explanations of the interpretations of Al-Kashaf, which specialized in its several aspects. The research computed and studied them successively and attracted attention to lacking points in some of them. The study started with explanations which explained Al-Kashaf interpretations which are two: the first which for Mohaib Al-Deen Afandi and the second for Mohammad Olayan Al-Marzoqi. Also, the study defined these two interpretations and the reason of writing them, desecribed each one with displaying the methods by using examples and analysis, comparing between them, and following up with footnotes which dealt with the interpretation, ideology, including eloquence, language, syntax, strange words, and the footnotes which interpreted the novels and traditions. The study purposed to clarify the importance of these studies in providing interpretation library with useful subjects which may be omitted by researchers.
Revelation Occasions Narration, Holy Quran
Publication year: 2011
This paper dealt with the issue of revelation occasions from a new perspective. Its added value comes through the following points:
It has crystallized the definition of revelation occasions and established new boundaries necessary for the selection of the narrators of revelation occasions such as:
- The revelation of the verse should be at the time of the occurrence.
- It is important that the verse to be compatible with the text and its meanings.
- The occasion should be compatible with the context of the verse.
This paper presents an applied study of the narrations in terms of its chain of narrators and its textual analysis. It has showed that there are narration with no vocabulary which indicates directly what an occasion of revelation is however it can be recognized through other indications.
The paper has also discussed some examples which have authentic narrations and demonstrated the other indications for the concept.
The conclusion demonstrated the results of the research paper and showed some of the principles which must be considered before dealing with studying occasions of revelation.