Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

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The Substantive Scope for the Litigation Against Judges between Theory and Practice

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Authors: Jamaleddin Miknas , Mohammad Al-Khawaldeh
Keywords:
Publication year: 2015
Pages: -

Abstract

The Effect of the Inclusion of the Driver in the Vehicle’s Compulsory Insurance in the Jordanian Law

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Authors: Osaid Hasan , Basil Mahmoud
Keywords: compulsory insurance ؛vehicle s insurance؛Jordanian insurance law
Publication year: 2015
Pages: -

Abstract

The new legislative amendments which led to the inclusion of the driver in the compulsory insurance are a good step from which many legal results are emerged. This was the motive behind its investigation in the article which is divided into two parts: part one discusses the influence of the new legislative amendment on the description which is connected with this type of insurance , such as the description of the insurance against third party and the description against liability. As a conclusion we found that there is no one conformity for all these descriptions in relation to the insurance contract. Part two discusses the characterization of the insurance sum due to the driver. As a conclusion , we found that there is compensation character for this sum , which means that the driver can collect this sum along with any other sum deserved or any other insurance sums deserved.

Time of Availability of Requirement Interest in the Revocation Lawsuit Analysis Comparative Study

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Authors: Jehad Daifalah Aljazy
Keywords: Requirement Interest, Time, Revocation
Publication year: 2015
Pages: -

Abstract

The present High Court of Justice law number 12 for the year 1992 pointed out to the Requirement Interest clearly, where this requirement considers one of the most principles that settled by the jurisprudence so that no lawsuit without Interest. The time of Availability of Requirement Interest in the Revocation Lawsuit was not agreed between the judiciary and jurisprudence administrative, the High Court decisions and the Egyptian administrative judiciary stabilized on the necessity of the availability of Requirement Interest and continuation at the time of litigation until the final court decision influenced by the civil lawsuit system., While the comparative judiciary represented by the French judiciary limited the time of Availability of Requirement Interest just at the time of litigation, especially that the nature of refutation of absence of interest is non-acceptance.

Abstract

This study examines the extent of the authority of the judge of revocation routing orders to the administration and use of financial intimidation against it to ensure the execution of the judgment issued by him, in terms of the illustrating the definition of revocation case and its sentence, and review and analyze the nature of the prohibition of directing orders to the administration by the administrative judge, and the basis of this principle, and the juristic stand of it, as well as the French legislative Modifications in terms of implementation of the rule of revocation, all through the analysis of different jurisprudence, jurisprudential and legal rules on this subject, I Address the provenance of this topic in the French legal framework compared to counter part in Egypt and Jordan, following the comparative analytical method in order to reach a legal system that provides necessary guarantees to carry out the revocation. Accordingly, the research was divided into three chapters and I got to a conclusion containing the findings and recommendations which we reached.

The Companions’ Faith Education In Medina

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Authors: Ibrahim M. Burgan
Keywords: Faith, Education, Companions
Publication year: 2015
Pages: -

Abstract

This study deals with the topic of the faith education of the companions, God bless them, in Medina. And this by defining the term "Faith Education", and clarifying the reality of the Madini society before the migration of the prophet Mohammad (Pbuh) from Mecca to Medina. The study shows the bases and the foundations of faith which the companions' education is based on in Medina, in addition to the features and aspects of this breeding there. It shows as well as the role of medina constitution and its functions in faith education. Through this study, number of findings has been resulted, such as: • The most featured foundation in faith education in Medina society is doctrinal unity (association). • The measure of differentiation between people is the good deeds and behaviors. • And this previously mentioned measure is the basis of the Islamic brotherhood which eliminates the ignorance. The Medina constitution has a great role in avoiding discrimination in rights and duties between Muslims and Non-Muslims who settled in Medina. Infact it gives them freedom of religion, and freedom of practicing their religious rituals.

Censorship on The Constitutionality of International Treaties

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Authors: Faisal Shatnawi
Keywords:
Publication year: 2015
Pages: -

Abstract

Financial Credit Between the Distinguishing in the Existence and the Link of the Impact

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Authors: Faiek M. Shamma’
Keywords: Financial Credit, Existence, Impact
Publication year: 2015
Pages: -

Abstract

The Transaction of the Financial Credit raises the Question about the relation of this contract with the credit Banking operation which it paves the way to: does the financial credit has a distinct entity of its own? What distinguishes it from other credit operation? Is the financial credit associated or mixed with the contracts which it paves for, and to what extend? Studying these questions in the light of Legislation rules and practical application rules (Banking and Judicial) refers to distinct presence of Financial Credit and its relation with the operations that it paves the way for, sometimes influencing it and sometimes influenced by it. This involves details and through investigation the present research under takes to explore.

The Relationship between the House of Representatives and the Audit Bureau

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Authors: Faisal Shatnawi , Saleem Hatamleh
Keywords:
Publication year: 2015
Pages: -

Abstract

Guarantees of Administrative Detention (Administrative and Penal Guarantees)

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Authors: Abdelrauof Ahmad Alkasasbeh
Keywords:
Publication year: 2015
Pages: -

Abstract

Motives of Modernist Intellectual and Streptococcus to Challenge the Sources of Islam

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Authors: Anas Sulieman Al-Masri
Keywords:
Publication year: 2015
Pages: -

Abstract

Tax Exemptions in Islamic Jurisprudence, Its Concept, Its Fields, and Raised

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Authors: Ismael M. AlBraishi
Keywords: Tax Exemptions, Islamic
Publication year: 2015
Pages: -

Abstract

The issue of tax exemptions considened of the most important issues of public finance jurisprudence; they provided fertile ground for justice, and advance the economy, and stimulate the economic cycle, and attract investment. At the Islamic Sharia what you say in this area through the jurisprudence of public finances resulting from asset legislative and discretionary in Islamic jurisprudence, this study is an attempt to exploring this issue and clarify the concept and its implications and the statement of the manifestations of tax exemptions and objectives and monitor the impact on the economy, they contribute tax exemptions in supplement the movement of the economy and stimulate investment, a legislative system of Islamic racetrack has built exemption of tax on the balance between the interest charge to pay the tax and the interest of Table society, so do not constitute tax breaks at the thought of the Islamic financial obstacle to economic progress as well as to realize the concept of tax justice through between in this study.

Reasons for the Objections to the Recursive Quranic Readings: Presentation and Criticism

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Authors: Ibtihaj R. Abd Al-Rahman
Keywords:
Publication year: 2015
Pages: -

Abstract

Applied Models to the Budgets JurisprudenceIn Educational and Psychological Sciences

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Authors: Imad Sharifain , Asma Bani Younis
Keywords: Budgets, Jurisprudence, Educational and Psychological Sciences
Publication year: 2015
Pages: -

Abstract

The study aims at clarifying the applied models to the jurisprudence of budgets in educational and psychological sciences. To achieve the objectives of the study, the researchers used a rooting deductive analytical approach, which concluded that the jurisprudence is not limited to the Shari issues originating from humans, and that it is a science practiced by specialists in all sciences. By activating the budgets of jurisprudence and comparison between the interests and corruptions resulting from the use of theory as a term in the educational and psychological sciences, and thus, there is a need for constructing an Islamic educational theory and this implies the importance of educational and psychological sciences Islamization. The study recommended the need to hold training courses in the field of jurisprudence budgets in various aspects of life. And teaching a course entitled budgets jurisprudence in human life at universities.

Means and Controls of Direction of the Penal Judge in Penalty Individualization

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Authors: Fahd Al-Kasasbih
Keywords:
Publication year: 2015
Pages: -

Abstract

The Term of “Sahibo Sunnah” at The Book of “Athikaat”

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Authors: M. Al-Sharifain , M. Al-Zu’bi
Keywords: Al- Ijley, Jerh Wa Tadeel, Term "Sahibo Sunnah
Publication year: 2015
Pages: -

Abstract

In our research We discussed the term "Sahibo Sunnah" at the book of "athikaat" which Written by "Al- Ijley", we dealt with this term because it is common term between scholars of "jerh wa tadeel". We have reached that this term has already been used before by Al-Ijley, and he is one of the most scientists who use this term, the number of narrators who called "thikah" by "Al- Ijley" reached thirty five of the total number of narrators. The number of "daief" narrators was twelve narrators of the total number of narrators.

Abstract

The Judicial Jurisdiction of Administrative Contracts

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Authors: Safa M. Swailmein
Keywords:
Publication year: 2015
Pages: -

Abstract

Provisions of Lease Automatic Renewal Analytical Study for the Jordanian Law

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Authors: Anees Al-Mansour , Khalid Samam’ah
Keywords: Automatic Renewal, Lease
Publication year: 2015
Pages: -

Abstract

The prior agreement of the parties upon the automatic renewal for the lease term shall result in that the contract’s renewal shall not be conditional upon the consent of either of them after the expiration of the first term of the contract. In fact, it has been shown that this condition is valid based on the rule “Pacta Sunt Servanda” denoting that the contract shall be the rule for acting by the contracted parties. However, the said condition shall not mean that the lease shall last forever as the same conflicts with the character of the lease which shall be for a specific term. Accordingly, we considered it that the maximum term for the lease contract was set at thirty years according to the Civil Law in article (671/1). In fact, the Law amending the provisions related to the immovable properties caused the maximum term of the lease to be amounting to ninety nine years and hence, it shall not be possible to apply the provision of article 671/1 of the Civil Law while the provision of the fifth article of the amending Law related to the immovable properties is in place as the last law is the one applicable being a special law. However, the said concept related to the automatic renewal remained prevailing till the issuing of the Law amending the Landlords and Tenants Law No. 17, 2009 which caused the concept of the automatic renewal of the lease, and according to article 5/B/2, to be restricted to a similar contractual term to that of the lease term and to be practiced for once unless the tenant shall notify the landlord to the effect of his/its non wish to renew prior to the expiration of the principal term. In fact, we concluded that the said concept is unsound as it confiscates the will of the of the contracted parties and hence, it conflicts with the rule “Pacta Sunt Servanda” as stated before.

The Values Included by Prophet Mohammad Communication with Patients and it’s Application in Life

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Authors: Adnan M. Khatatbeh
Keywords: Prophet's Guidance, Islamic Values, Patients' Visit, Islamic Education
Publication year: 2015
Pages: -

Abstract

The aim of the study was to analyze the human communication of Prophet Mohammad with patients by answering the following questions: What are the values included by Prophet Mohammad communication with patients? What are the most important implications for prophet Mohammad communication with patients? The most important findings of the study were that the prophets' sayings and Sunna indicated in prophet's visits to patients were a clear indication of spiritual, health, and social values and these implied some sub-values. The prophet's visits to patients have emotional, educational, and religious values in addition to the behavioral directions values. The prophet's guidance of patients' communication has several modern implications that can be beneficial for the social, educational and health sector, hospitals in addition to their implications for the family, mosques and individuals. These implications include: the health service at the Islamic community, the social activation of patients' visit value, the psychological well-being of the patient, education and medical practice.

The Opinion of Islam in Sexual Thinking about a Foreign Woman and Its Effect on Worship

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Authors: M. Manasyah , M. Asasukar
Keywords: Islam, Sexual, Woman, Worship
Publication year: 2015
Pages: -

Abstract

This research investigates the opinion of Islam in the sexual thinking about a foreign woman and its effect on worship. Among other things, we talked about what comes: It includes the different opinions of previous scholars, and those who came after them from the scholars of the day talking about the opinion of Islam in such issue such as seeing the beauty of a woman during a quick look or just remembering the beauty of his previous wife or so, the thing which evokes a man to imagine her perniciously. Then query is established on the opinion of Islam in the sexual thinking of the beauty of this woman or that. As a result, we must discuss the opinions of jurists (scholars) in the sexual thinking about the foreign woman to show the strongest opinions in such issue. This research also includes the origin of this kind of thinking and its reasons that may affect it such as an addiction thinking of prohibitive and describing the foreign woman whom he is forbidden to look at. Since each opinion in Islam has its effect and result, we mentioned some extralegal effects as the results of it in the field of worship such as its effect in sanctity, fasting, and pilgrimage. This information is spread there in ancient books but no one observes it or even makes an opinion using it, the thing which forced us to write this research.

Investigation and Trials of Criminal Cases Remotely Via The Technology of Videoconference

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Authors: Safwan Shudifat
Keywords: Investigation, Responsibility, Juveniles, Trial
Publication year: 2015
Pages: -

Abstract

Investigation and trial through video conference is a mean of modern visual communication, it is conveyed through the Internet service where voice and image show a group of people gathered somewhere i.e. offices to deliver information to another group of people gathered in a different place in the world. This technique requires a high speed internet, microphones, and speakers of reasonable quality, as well as webcams. The participants (parties) to the investigation and trial can hear and see each other at the same time as if they we remitting in the same office in a matter that they are not far apart in two places around the world. Furthermore, the video conference technique can be used in many fields, such as in university’s labs for the purpose of holding lectures and research discussions which is widely known as E-learning. The question comes to mind is, why this technique cannot be applied in trials? The video conference technique saves time and manages a visible dialogue and discussion among two groups of people that far away from each other. This technique is very developed; it allows the parties to exchange files and documents during the meeting. There for, and in view of these advantages, this technique is considered very low in cost to a very large extent. There are two types of video conference, the first type can be held between two individuals and is known as point-to-point video conference and the second type can be held between groups of people as known multi-point video conference.