Dirasat: Sh ari’a and Law Sciences

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Challenge the Criminal Judgments According to the Magistrates Courts Amanded Act No. 30 of 2008

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Authors: Thaer S.A. Al-Adwan
Keywords:
Publication year: 2014
Pages: -

Abstract

Semantic Development and The Role of Quran in Preserving The Arabic Language as to its Originality and Development

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Authors: Ali Allan
Keywords: Semantic Development, Role of Quran, Preserving, Arabic Language.
Publication year: 2014
Pages: -

Abstract

The Holy Quran has preserved the Arabic language from imperfection and extinction, and made it a lingua-franca for many centuries. The terminology of a living language keeps pace with the novelties of its speakers. This study discusses the role of Quran in preserving the Arabic language as to its originality and development., and it shows a prelude, outlines the views of the scholars to find out the meanings of words in Arabic, and mentions the views of the Orientalists, which recognize the impact of the Quran on it, then this study discusses the dilemma of the semantic development in the terminology of Arabic language by using the opulent scientific data, then the results of this study.

Legitimate Measures for Environmental Caring in the Islamic Sharia

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Authors: Sarie Zaid Al-Kailany
Keywords: Environmental Caring, Legitimate Measures
Publication year: 2014
Pages: -

Abstract

The study aimed at studying the subject of legitimate measures which Islam include either in the religious texts or in the applied procedures in order to achieve the environmental caring within security and development. In addition, it turned out that Islam environmental caring has come comprehensive for all the elements, in a certain rules and principles in which includes proper interactions between the human being and his environment which God entrusted him with to achieve the human goals and protect the safety of the environment, as well as, helping both of them to perform their estimated goals of the Almighty Creator. That makes the call appear to consider the positivity of the Islamic environmental awareness which makes the Huda Islamic law on the environmental behavior establishing to find Islamic generations deal with their environment as adults. In this way we establish a basic goal from the basics goals of humanity and his succession on earth which is to reconstruct, maintain and develop the earth. That is governed and organized by the texts, measures and legal provisions from the holy Qur'an and Sunna, as well as, all the legitimates sources. This study reviews and shows some of this legislations and measures in the field of securing the environment, maintaining and developing it ensuring that Islam takes attention of it and cares about it.

Reasons of Corrections of the Companions in the Narration of Prophetic Hadith

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Authors: Ibrahim Barakat Awwad
Keywords: Corrections, Companions, Narration
Publication year: 2014
Pages: -

Abstract

This study aims at gathering the reasons for companions’ corrections of the narration of some hadith texts. It has been concluded that there are three main reasons of each there are secondary reasons as follows: the first reason: what caused by disagreement and that includes the appearante contradiction with the Qur’an, contradiction with preserved narrations, contradiction with the narration of an eye witness, contradiction with the account of the one who was involved in the event. The second reason: what caused by errors, forgetting, and narrating by meaning and that include doubts on the transmission of accounts, forgetting, unclarity in meaning, and narrating by meaning. The third reason: what caused by ignorance and exaggeration of rewards and that includes ignorance of the prophet’s sayings, ignorance of the repetition of the prophet’s actions, and exaggeration of rewards.

Abstract

Provisions of The Adolescent and Teen in the Genitals (A Comparative Study(

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Authors: Aref Ezz Edden Hassounah , Enas Munir Abu Hamad
Keywords: Adolescent, Teen, Teenager Rougher, Rougher Adolescence, Authorization, Considering
Publication year: 2014
Pages: -

Abstract

Many parents of adolescents force their teens to cover the genitalia and prevent them from detection; claiming that they are still young, under the age of commissioning, and this is what leads the researchers to go back to the four schools of fiqh to study the limits of the nakedness of the adolescent and teen in prayer and outside the prayer, and knowing the provisions of view adolescent and adolescent to the nakedness of the amount, and the amount of consideration to the nakedness of the adolescent and teen.

Intent of Keeping Religion and its Role in the Elimination of University Violence

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Authors: Ahmad Hasan Rabab’a
Keywords: Religion, Violence, Keeping.
Publication year: 2014
Pages: -

Abstract

This study aims at indicating the role of the law purposes, on the elimination of university violence, Saving religion purpose as a model , where we show in this paper, the concept of purposes, linguistically and idiomatically, and the statement of the provisions set by almighty ALLAH, to preserve the intent of saving religion , this includes conservation on two aspects: the existence, or the so-called positive provisions, and the nothingness, or so-called passive judgments, then talk about violence, and the statement of its concept, then talk about the impact of saving religion purpose , in prevention of university violence, , the conclusion, and the most important findings, and recommendations.

The Basics of the Parliamentary System and its Problems in the Kurdistan Region – Iraq

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Authors: Zana Rauf Hama Kareem , Dana Abdulkarim Saeed
Keywords: Parliamentary System, Kurdistan, Iraq
Publication year: 2014
Pages: -

Abstract

Achieved a parliamentary system, as one of the most prominent systems parliamentary great success in the application in England, after the political and constitutional developments during the long, proven through which the basic principles for the establishment of this system and of the duality of the executive branch and the separation flex between the authorities based on balance and mutual control between the two the legislative and executive branches. Which made a lot of states to rely on this system, including the Republic of Iraq in accordance with the Constitution of 2005 and the Kurdistan Region - Iraq, according to the laws of a constitutional nature, but what we observe that the basic principles of this system has afflicted a lot of bugs and sparked Problems big in the nature of the existing system in the Kurdistan Region to make it in the end a parliamentary system skewed, especially as the legal reality and applied in this region may demolition of equality between the two due to Enlarge role of the president of the region and the exercise of de facto authorities, causing it to lose a lot of the basics of the parliamentary system, so that has become the reality of this system depend on the fact that the role of the president of the region in this system.

Law Applicable to Consumer E-Contracts of International Nature

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Authors: mohannad azmi abo moghle , Manousr Abd Al-Salam Al-Sararia
Keywords: Consumer, Attribution Rules, Rules Of The Police, Legislative Jurisdiction, E-Commerce, Jordanian Legislation, E-Contract.
Publication year: 2014
Pages: -

Abstract

This study intended to explain the legal regulations which govern the internationalization of consumer transactions within the e-trade regulation through explicating the relevant law applicable to the relationship between the consumer and the authorities to be dealt with, and also through demonstrating the standard appropriate for international contracts marked by foreign elements. Then this study seeks to explain the constraints for internationalizing this relationship in light of the Jordanian legislations along with some States' legislations related to e-commerce, and also explain the stance of Roma Convention of 1980 towards the Law applicable to contractual obligations. All this is designed to provide protection for the consumer in light of the absence of legislative protective provisions. The study came to the conclusion that the comparative legislator has not tackled the issue of determining the law applicable to the consumer's e-transactions. Therefore, the study calls on the Jordanian legislator or lawmaker to address this legislative deficiency by way of intervention to draw up special attribution rules grounds commensurate with the nature of consumer e-contracts which are internationally oriented.

The Public Domain in the Jordanian Author’s Right Law: A New Vision to an Ancient Concept

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Authors: "Mohammad Amin" Naser , Suhail Haitham Haddadin
Keywords: Author's Right Law, Public Domain.
Publication year: 2014
Pages: -

Abstract

Amongst the critical problems that face scholars in tackling the legal protection of author’s right is the ambiguity of the work’s destiny after it becomes in the public domain after the term of protection elapses. That is, the Jordanian Author’s Right Law No. (22) of 1992 as amended did not indicate the legal status of the public domain in author’s right, nor did Arab scholarship designate this status in depth. For instance, is it possible to “remonopolise” the work that has become in the public domain whether this monopolization is direct through an intellectual property right or indirect through the unfair competition case? This article argues that in order to answer such a question it is imperative to determine the civil nature of public domain which has not been designated by the Jordanian Author’s Right Law, and has not been tackled by the relevant legal jurisprudence. As such, this article argues that the texts of the Jordanian Civil Law No. (43) of 1976 could be employed and analysed in a manner that would introduce a progressive approach to the assumed problem. In this context, the article examines whether the notion of public domain includes elements, other than works with expired protection, such as ideas and information. In addition, the article tackles the reason for using the term public domain by the legislator to refer to works whose term of protection has elapsed, which is the same term that is used in administrative law in reference to monies owned by the state or any other person from amongst the public law personalities and which are allocated to the public use. Tacking these issues shall be through the general principles of Civil law, and the study shall conclude that a work that has become in the public domain is a common thing (res communis). This conclusion embraces important legal consequences, amongst of which is the prohibition of monopolizing works that become in the public domain either directly using intellectual property tools or indirectly via unfair competition. This, however, does not mean that a work in public domain, as in all other things in common such as solar power and water, might not be partially owned.

The Problem of the Registration and Execution upon the Store in Syrian Law

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Authors: Jamal Eddin Abdulh Meknas
Keywords: Syrian Law, Exection, Store
Publication year: 2014
Pages: -

Abstract

The search in term of Execution upon the store -in-law of Syrian importance cannot be overlooked after the systems Syrian legislator in the Trade Act No. 33 of 2007, the provisions of the store in detail regarding the defined statement elements and determine its legal nature and make a record of the stores, as well as the actions contained it, in particular the sale and lease, mortgage, insurance, and custody as well as the executive. The subject Syrian legislator Reservation Executive upon the store and sell it to the provisions of the executive order book and sell real estate executive and set forth in the procedural law No. 84 of 1954, as amended, showed a lot of negatives and complications in the sale of the store executive. Based on that, we dealt with in this research study of the concept of the store and a statement of its elements and then offered the provisions of the registration of the store and booked an executive in the first section , and in the second part, we dealt with the provisions of the sale Store auctions in Syrian law , and we ended the study results and we have reached through research and recommendations regarding the need for intervention Syrian legislator to amend the provisions of the registration in the register of the store shops and force him and the justification for such an intervention.

The Nature of The Responsibility & Commitment of The Physician in Transfusion & Transplantation of Human Organs "An Analytical Study in Light of The Provisions of Sharia & Jordanian Law"

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Authors: Muhannad Nasser Al-Zoubi , Rola Nael Salameh
Keywords: Organ Donation, Transplantation and Organ Transplants, The Responsibility of the Doctor.
Publication year: 2014
Pages: -

Abstract

The transplant operations and the transfer of human organs are very important issues, sought various laws and regulations to address the provisions and treatment are complete and accurate, so as to ensure protection of each of the parties, and that he and what was the doctor of a party to such operations being is one of the processes of sloughing and agriculture, had to be research into the nature of the responsibility that as a result of doing so, and in the nature of the obligation, which is located on his shoulder because of it, and in the light of the provisions of the Jordanian laws related to the subject, not withstanding the provisions of Islamic Sharia.

The Effect of Debtor Death on his/her Deferred Bank Debt

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Authors: Mahmoud Irshaid
Keywords: Debtor, Death, Bank Debt.
Publication year: 2014
Pages: -

Abstract

This study tackles the effect of the debtor death on his/her deferred bank debt according to religion considering the disorder in his/ her obligation towards the creditor and the deletion of part of the debt (share from profits) or the complete deletion of the debt. Hence, in case of death the debt might be documented in a warrantee, or heirs will be committed to the debt payments, in comparison with the case of early repayment of debt. This study aims to clarify the rules on discounting part of the profit that the deceased should have paid - when signing the contract, if the heirs pay it from inheritance as the jurists said: time has its share from the price including other duties that caused the increase in the amount and ultimately required to go with payments. The problem statement of this study is to investigates the discount of the value of the debt as it is being fully paid from the deceased inheritance, or the debtor is decided to pay the debt in a very systematic way before deadline. The research did a Jurisprudential analysis for these cases and was connected to the theory of the timing on economical basis. This study has so far concluded that if the deceased had deferred bank payments then in this case there has to be three cases: the debt is documented through a warrantee or a sponsor who would pay the debt either way the debt stays deferred. In case the debt was not documented in a warrantee or through a sponsor then the successor pay the debt from the deceased heir. Otherwise, in the Zakat Fund of the Bank of debtors on its own terms, and that the payments maybe covered in certain conditions, and that is dropped from the profits which have been calculated. According to Ebn Abbas, in case a debtor wanted to pay all his/her payments but just to deduct a value from the profit. In comparing this to a deceased debt, the same rules apply as well. The formation of an insurance fund will assisted in paying off the debt and the profits in case the debtor is deceased. In order to face the obstacles of not paying the debt, the contract in the bank is changed to illegal debts, here the insurance fund as a third party is illegal. In case the deceased is poor and the debt cannot be covered, the Zakah fund will pay the debt as an alternative but this is conditional. In case the deceased did not documented his grant with s sponsor and the heirs did not accept to pay the debt, part of the benefits should be deducted as the Zakah fund will be covering the debt and in this case no need for the insurance fund to cover the debt as it will be illegal

Legal Essence for Investment Administration Contract in Amman Financial Market

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Authors: Rola Nael Salameh , Rasha Hatab
Keywords:
Publication year: 2014
Pages: -

Abstract

Defect that Allows Splitting Request in the New Jordanian Personal Status Law: A Juristic StudyCompared with the Old Jordanian Personal Status Law

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Authors: Rafat Mahmoud Hambouth , Abdullah Ali Al-Saifi
Keywords:
Publication year: 2014
Pages: -

Abstract

The Verse of Guardianship Q4:34 “Analytical Rhetorical Study”

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Authors: Abdallah Al-Zayout
Keywords: Verse, Guardianship, Qur’an
Publication year: 2014
Pages: -

Abstract

Rhetorical inimitability is one of the main aspects of the inimitability of the Qur'an. It is the aspect that people are challenged to bring something similar to its language. Qur'anic rhetoric covers the whole Qur'an; its letters, words, verses, chapters, and verse-endings and it should be looked at to explore the linguistic features of the Qur'an. This article aims to unveil some of the rhetorical features and legislative matters with respect to the Verse of Guardianship in chapter 4 (the Women). This particular verse tackles the subject of guardianship, its reasons, and the attitude of women concerning with. The verse gives the guardian the best solution in case of inappropriate behavior. The language of Q4:34 includes rhetorical features as well as legal rulings which lead to the protection, happiness, stability, and integrity of the family

Provisions of Islamic Jurisprudence on the Fathers' Deliberate Murder of His Son "Comparative Study"

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Authors: Ibrahim Abdullah Zahrani
Keywords: Crime, Deliberate Murder, Law of Retribution, Father
Publication year: 2014
Pages: -

Abstract

The study deals with a controversial Fiqh issue among Fiqh scholars i.e. the father's deliberate killing of his son. The researcher strives to explain the scholars' different views and the consequences of such action in this life and the Hereinafter. The research is divided into four themes: The first theme handles the definition of research terms while the second theme deals with the types of murder. The third theme looks into the ruling on deliberate murder and its conditions, while the fourth theme is devoted to the consequences of the father's killing of his son .Meanwhile, the conclusion features the results of the research coupled with recommendations to highlight the seriousness of the issue

Features of Sunni Scholars' Curriculum When "Imad al-Din Khalil" in Dealing with the Historical Narrative

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Authors: Anas S. Al- Masri
Keywords: Curricula of Sunni scholars; Historical narratives; Imad-din Khalil
Publication year: 2014
Pages: -

Abstract

Despite the diversity of "Imad al-Din Khalil's" literary writings, but his critique of historical narratives was accurate, not limited to the narrative approach, but built on a holistic reading of the history books, according to the Sunni scholars' curriculum, and added other approaches formed his mature critical character. In this study, we will introduce the features of curricula Sunni scholars in dealing with historical narratives in "Khalil's" writings, and his simulations, by using a comparative study highlights the role in the consolidation of contemporary criticism approach, and its importance in the defense of Islamic history, and to respond to the discredit.

Jordanian Islamic Finance Sukuk Law A Critical Study

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Authors: "Mohammad Saeed" A A Alsheyab
Keywords:
Publication year: 2014
Pages: -

Abstract