Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

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Jurisprudential Applications for the Special Word from Ihkam Al Ahkam Book for Ibn Daqiq Al Eid

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Authors: Amani Jawhar , Mohammad Mansour
Keywords:
Publication year: 2014
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Abstract

The Regulation of the Fallow Lands Investments In Islamic Shari’a and Jordanian Law

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Authors: Abdul Rahman Jum’a
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Publication year: 2014
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Abstract

The Appeal Possibility In the Issued Verdicts Concerned with the Suspension of the Lase

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Authors: Ibrahim Mhaisen
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Publication year: 2014
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Abstract

The Subject of Purity of Vaginal Secretions

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Authors: Ayman Al-Badareen
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Publication year: 2014
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The Judicial Compensation in the Jordanian Law

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Authors: Yaseen M. Al-Jabouri
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Publication year: 2014
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Abstract

Doctrines of Muslim Scholars in Praying on Dead Muslims; for Whom Prayer Is Not Allowed

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Authors: Mohammad M. Shalash
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Publication year: 2014
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Abstract

The Argument of The Final Penal Decision in front of The Disciplinary Powers Administration Comparative Study

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Authors: Mosleh Al–Sarayrah , Rabia Boukortt
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Publication year: 2014
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Abstract

The Volunteer Action in The Holy Quran

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Authors: Almothana Abedalfattah Mahmoud
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Publication year: 2014
Pages: -

Abstract

Alternative Performance of Obligation and its Effect on Debtor's Acquittal from Obligation According to Jordanian Law

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Authors: Ibrahim Al-Sarayrah
Keywords: Alternative, Performance, Debtor, Obligation
Publication year: 2014
Pages: -

Abstract

Alternative performance of obligation occurs most often when a debtor owes a sum of money and is unable to meet his obligation so offers an alternate such as ownership of a certain asset, goods or property. Similarly, if he has committed to handing over the ownership of a certain property or asset, he may offer a sum of money or other form of payment instead. Likewise the obligation could be performing an action or refraining from it, in which case he might offer ownership of property for example paying a sum of money as a substitute for not competing with a certain merchant for a specific period of time. The opposite is inconceivable, as it is not possible for the debtor to offer to perform an action as a substitute to an obligation to pay a sum of money, as the action is performed over a period of time making it a novation of the obligation thereby changing the subject of obligation and requiring another agreement rather than being a substitute to the original. On the other hand, the obligation is considered to be fulfilled immediately upon novation when the ownership of the alternate asset is transferred. This paper attempts to study this subject in light of Jordanian law, beginning by defining alternative obligation and differentiating it from other similar legal concepts that it could be confused with, followed by the possible legal effects upon its implementation. Finally the study is concluded with a number of results and recommendations.

The Pre-School Children Rights and It’s Effect on Building their Character (Islamic Vision)

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Authors: Emad Shrifeen
Keywords: Rights, Pre-School Children, Personal
Publication year: 2014
Pages: -

Abstract

The research aims to statement of human pre-school children and detect its impact on building his character from the perspective of Islamic Education, to achieve the objectives of the research approaches were used descriptive and deductive analytical basis in addressing the issue of the study. And which concluded that Islam admitted to pre-school children a set of rights, notably the right of breastfeeding, and the right to play and the right of alimony and learn social etiquette. All of these rights contribute to the construction of the integrated child's personality aspects of the physical, mental, psychological and moral, social and religious. The study recommended the holding of seminars and lectures that contribute to the definition of the Rights of the Child and its impact on building his character.

Sauvetage Maritime: Its Concept, Ligitimacy, Legal Natures and Rulings An Authenticative Comparative Study in Islamic Jurisprudence, Jordanian Maritime Law of 1972, and Egyptian Law of 1990

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Authors: Adnan Al-Assaf
Keywords: Sauvetage, Maritime, Financial transactions, Islamic Jurisprudence, Maritime Law
Publication year: 2014
Pages: -

Abstract

This paper targets to tackle an important issue which relates to maritime legislation, that is 'Sauvetage Maritime'. This study assesses its concept, specifies its types, and clarifies its rulings. It also inducts the evidence for its legitimacy. It studies also its legal nature both in Islamic Jurisprudence and Jordanian Maritime Law. Furthermore, it sheds light on its fundamental constituents and conditions, in a comparative way. This paper consists of an introduction, four sections and a conclusion.

Elements of the Methodology Legislation Alestehsan from Fundamentalists Point of View (Analytical Study)

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Authors: Ra’ed N. Abu Mo’nes
Keywords: Alestehsan, Opinion, Flow
Publication year: 2014
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Abstract

The difference in the employment of the term Alestehsan, and the extent to which properties should be available in what is a source in the legislation of Alestehsan; one of the most important disputes between fundamentalists about plaudits methodology, as well as the formation of mental focus as President of the essence of acclaim. This research aims to the statement of facts of these problems, and the position of fundamentalists , and a statement that the plaudits methodology is based on the four elements are: issue Alestehsan, and the rule of the general rule, the flow, and the of revealing way of it which is Alestehsan document.

The Prophetic Approach in Overcoming Obstacles Facing Women’s Creativity

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Authors: Alaaddin Adawi , Sonya Al-Shami
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Publication year: 2014
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Abstract

Cognitive Development of the Imam AL-Mawardi in his Book “Adab Al-Donia Wa Al-Deen”

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Authors: Abd’Al Ra’ouf Ahmad Bani Issa
Keywords: Cognitive development, Al-Mawardi, Islamic Education
Publication year: 2014
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Abstract

This study aimed to identify the concept, principles, factors and methods of cognitive development according to the Immam Al-Mawardi, using both analytical and inductive method. This study was divided into four sections and ending. The researcher concluded that the Immam fully explained the principles, factors and methods affecting the cognitive development in humans. And his findings agree with the findings of modern psychologists though using different terms and concepts of what is customary in modern theories.

The Compensation for Disfigurement

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Authors: Mohammad Al-Amawi
Keywords: Aesthetic, Disfigurement, Compenstation
Publication year: 2014
Pages: -

Abstract

The aesthetic damage or disfigurement of the most important damage in humans, because this damage affects the aesthetics and phenotypic side in the human body. Jurists and scholars also the judicial decisions have disagreed about compensate for this damage, some of whom said that to compensate this damage on the basis of moral damage, others said that it compensated on the basis of that material damage but within other damage is the permanent partial disability damage. Therefore, the researcher explained in this study, the concept of disfigurement, it is physical damage, not moral, and that damage is independent of any other damage, so it has individually compensated. The researcher explained Islamic jurisprudence look at disfigurement and how to be compensated in Islam. He also explained the external considerations that affect the compensation for this damage. Finally, the researcher reached to several conclusions and recommendations