Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

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The Authority of Head of State to Oppose the Laws in the Constitutional System of Jordan (Comparative Study)

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

Abstract

Persistence and Flexibility between Controls Renewal and Openness Controls

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Authors: Ahmad Al-Hunaiti
Keywords: Persistence, Flexibility, Renewal, Openness
Publication year: 2015
Pages: -

Abstract

There is no doubt that the renewal consider important thing in the Islamic nation and prophetic (Bishara), however, that this thing (which every one hundred come back) you need to have controls to ensure its authenticity and is working to keep pace with modern life. I've had to thinkers of Islam in the era of openness trends and visions in front of other cultures between excessiveness, came this study was to show the flexibility of creed and Islamic thought in the case of renewal and openness with the stick to the authenticity of Islam through Exporters book and the authentic tradition, with an indication of positions diligence and freedom of thought, uncontrolled, which lends itself Islamic Thought work every capacity so as to ensure a lack of deviation. The combination of stability and flexibility, innovation and openness is not easy, was this in-depth study showing fine lines that control the Islamic thought, and turned out to be flexible to keep up with the benefit of the present. The link between stability and flexibility on the one hand and between renewal and openness on the other hand, is the subject of Building controls renewal and openness, to ensure that no deadlock with the fact that the link originality. It was the absence of renewal and wrong understanding of the purposes of the doctrine impact of the underdevelopment of the nation, is no less dangerous for that concept of deviation from the path of renewal, regeneration officer was as important as the renewal itself otherwise than for the lost and purpose.

The Legal System of Simple Merchants and Craftsmen Comparative Study

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Authors: Abdelsalaam M. Alrjoub , Mouiead Obiedat
Keywords:
Publication year: 2015
Pages: -

Abstract

Relying on the Aspects of Similarities in Hanafi Doctrine; Definition, the Considered Aspects of Similarities, Judgment, and Its Conditions

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Authors: Arif Ezzedine Hassouna
Keywords: Similarity, Dependence on the Similarities, Hanafi Doctrine, Fundamentalism Rules
Publication year: 2015
Pages: -

Abstract

It was popularized in Hanafi Doctrine the relying on the similarities aspects when the similarities is disagreement which it is attract the section in the Jurisprudential issue, unless they did not talk about the way of the relying on the similarities aspects indicating its reality, nor the considered aspects of similarities, judgment, and its conditions. Also, they did not talk about any thing of that only presented during the Jurisprudential approaches that they are relying on the similarities together. Then, this study came to detailing speech as this way, and extracted its fundamentalist issues, according to the extrapolation and elicitation approach from the Jurisprudential approach that aren’t consistent with it, and about the combination of the sundries of the topic that spread within it.

Guidance of Surat Al-Nur on the Purpose of Keeping the Offspring

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Authors: Ahmed Hassan al Rababah , Mohammed Majal'li Rababah
Keywords: Surat Al-Nur, Keeping Offspring
Publication year: 2015
Pages: -

Abstract

The aim of this study, is to show the guidance of Surat Al-Nur, on the purpose of keeping offspring, by clarifying the relationship of the Surah to Surah before and after, and the relationship of marriage with offspring, and the penalty for the aggressor on married women, as a penalty of adultery of virgins by noble men, and adultery of slaves and slave girls, the penalty of defaming of pure women, tossed Mothers of the Believers, may Allah be pleased with them , accusing his wife with adultery, denied the boy, and to the sanctity of homes , like taking permission, fearing to see the people inside, and the call to marriage, as a way for the continuity of the community, and the well - being of the of off soring. Then concluded with our findings.

Signs of the Hour in Thoughts of Al Jabery Through his Tafsir Fahm Al-Qur’an Al-Hakim: A Doctrinal Exegcal Study

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Authors: Ibrahim Burgan , Sami Huraiz
Keywords:
Publication year: 2015
Pages: -

Abstract

Criminal Characterization of (In Vitro Fertilization) without the Consent of any of the Married Couples "Comparative Study"

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Authors: Saif Ibrahim AL.masarweh
Keywords: Couples, Criminal Characterization
Publication year: 2015
Pages: -

Abstract

Seeking (IVF) has become an acceptable operation in modern times as a result of technological advances, so long as both medical and legal ethics have been fully adhered to one of such ethics is the presence of the will of each parent. This research explores the legality of (IVF) amongst married couples as well as non married couples. It is to be noted here that (IVF) is illegal between non married couples, thus, this paper seeks to establish the type of crime committed in case of non married couples who seek (IVF) operation. This paper consists of three main sections: Section one, deals with the definition of (IVF). Section two, examines the effectiveness of criminal sections in the criminal code regarding (IVF). Section three, deals with private criminalization of (IVF) without the consent of a married. Couples.

Biographies of Scientists Is a Source of Knowledge of the Science of Hadith

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Authors: Abeer Fareed Abu-baker
Keywords: Biographies, Science of Hadith
Publication year: 2015
Pages: -

Abstract

The follow-up biography and scientists life are necessary and useful. It is important for us to know the pioneers and founders of Hadith science, and it tells us about the history and identifies the geographical spread of Hadith science. This study aims to highlight the biography of scientists as a supporter of the science of Hadith. The study contains an introduction, two topics and a conclusion.

Jurisprudential Succinctness of the Father in the Boundaries Jurisprudential Study

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Authors: Samar Mohammad Abu Yehya
Keywords:
Publication year: 2015
Pages: -

Abstract

The Qur'an Approach in Addressing the Desires of Self between the Hardness and Amusement

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Authors: Yahia Dahi Shatnawi , Ahmad Hussein Asheyyab
Keywords: Hardness , Fun , Self- Desires
Publication year: 2015
Pages: -

Abstract

The study aims to statement the Qur'an approach in the breeding Muslim rights in his life, and not to concern the means of entertainment that has taken many forms in our time, by shaping his character in a perfect way. It treats his evil desires that hate hardness and looks forward to have fun and play. The Holy Qur’an guides him in his upbringing moderation, and guided him to the best way to keep his time abounded at the time of the temptations and distractions to be a way of what is useful. That was enforced by mentioning some of the real and fake models, have a lesson and sermon from each model.

Procedures for Trademark Registration and Objection in Jordanian Legislation

Authors: Saleem Hatamleh
Keywords: Trademark, Means of Promotion
Publication year: 2015
Pages: -

Abstract

In view of the importance of brand in economic life in General and business in particular as one of the most important means of promotional materials for industrial, commercial and services, where the legislature has given a lot of attention in terms of adoption of various procedural rules governing them starting from the moment of selection that mark through registration and use all that is according to a specific procedure guaranteeing the rights of their respective owners. And with the rise of the industrial revolution that allowed unprecedented growth in the number of industries which in turn reflected the large number of brands. As a result, the legislation to create a legal and judicial protection of that mark, on the one hand had to be finding shade by law, industrial and commercial entrepreneurs and service providers, so as to regulate the ownership of those marks not exploited commercially. On the other hand, the consecration of protection established by the legislation of the legislature has created a brand that specializes in guarantee protects the student registration of that mark from the arbitrariness of the Administration if the departments specialized in the registration of the mark in contravention of the provisions of the law, as well as guarantee against all attacks of the ownership and use of that mark.

Financial Investment Tools Reality and Shari' a Judgment

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Authors: Yaser Abdel Kareem Alhorani
Keywords:
Publication year: 2015
Pages: -

Abstract

Determinants if International Relations in The Context of Quran Its Controls

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Authors: Ali Rawahneh
Keywords: Jurisprudence, Legitimate Politics, International Relations
Publication year: 2015
Pages: -

Abstract

The study examined the foundations of international relations from the standpoint of the existing situation on the basis of cooperation or conflict, In fact, if there is cooperation it is to serve the pattern of conflict, The Koran has called for humankind in general to establish international relations within the pattern of cooperation far from pure self-interest or any distortions reached for immediate service or interim or so, but it is a collaboration with the cooperation with the human dimension and honored. The study showed the physical and moral factors which determine the effectiveness of country influence in international relations, or guidance or policy-making interactions between foreign countries Centers of interaction, the Quranic context in a speech directly to put the world in front of his responsibility, and determines that the Islamic nation given that responsibility, and community strength lies in interacting positively with others. The study shows that what is provided by the context Quran of mankind directives capable of transferring human to an advanced level of sophistication of social harmony in a format that is integrated with the recognition of the different human society and its diversity, because Islamic law does not stop at obstacles to unity of human as much as it seeks to surpass industry requirements for mercy.

The Legal System of Electronic Publishing

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Authors: Mohammad Said Shayyab
Keywords: The Legal System, Electronic Publishing
Publication year: 2015
Pages: -

Abstract

This study examines both types of the legal system of electronic publishing which are the protective and organized types, and it draws the frame of the relationship between the author, reader and publisher, as stipulated in the License Agreement. This study focused on clarifying the elements of license agreement to protect rights of partners, and also examined obstacles of Electronic Publishing. Moreover, the study examined the Moral and Financial Rights and obligations resulting from Electronic Publishing, and also the legal tools that accompanied technical development in areas of Informatics, and the laws and regulations drafted to protect Moral and Financial rights of the author in Electronic Publishing.

AlGhazi Ben Qays Al-Andalusi and His Sucession in the Ottoman Calligraphy in Altabari interpreatation of the Holy Qur’an

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Authors: Hatem Tamimi
Keywords:
Publication year: 2015
Pages: -

Abstract

The Pretexts Closing Up, and Its Applications In Al-Shafi'i School

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Authors: Hanan AbdelKarim Al-Qudah , Mohammed Khaled
Keywords: Foundations of Jurisprudence, Pretexts, Shafi'i
Publication year: 2015
Pages: -

Abstract

Summary This study addresses one of the partials of the pretexts closing up subjects, which is one of the main rules in the Islamic jurisprudence rules. This partial is a study of the principle of pretexts closing up in the Shafi'i school specifically, in order to show the fact of the position of the Shafi'i school of this rule fundamentalism. In order to achieve that, this study has pursued the inductive approach, analytical, and has pursued a method of comparison. In order to achieve its goal the study has treated several axes, which were Represented in showing the fact of pretexts closing in language and idiom, then in the editing of the dispute between the Shafi'i school and other schools, through the statement of the sections of the pretexts closing up. In order to ascertain of what has best known about Shaafa'is of preventing them pretexts closing up utterly. The study has found several results; including: the Invalidity of what had imputed to Shafi'i's school of not dependence on pretexts closing up, but he takes this principle in various sections jurisprudence, however, that this rule's reason did not materialize have in some cases without some; why they prevented it in those cases. Moreover, this result is confirmed by theoretical texts, rules and applications of jurisprudence, has been allocated a separate axis in the study meant in her statement. The study showed the Invalidity of the saying that the Shafi'i school does not depends on the principle of bridging pretexts, and that the issue is merely a matter of Verification of the reasons; so that the Shaafa'is in fact closing up the pretexts whenever the reason of these rule take place, while they do not prevent them except in cases that Requires this rule. and God knows best -. this study is recommending to investigate all the issues that made a difference between the doctrines in following the rules of fundamentalism, and the investigation of generalizations that caused these differences, in an attempt to bridge the gap between the schools of Islamic jurisprudence, which are following the same jurisprudence sources.

Legal Standards for UN Authorization Inspection in the Jordanian and Egyptian Laws (Comparative Study)

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Authors: Fahed Kasasbeh , Mustafa Tarawnih
Keywords:
Publication year: 2015
Pages: -

Abstract

The Causation of Decision to Arrest in Jordanian Penal Legislation.“Comparative Study”

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Authors: Mohammad Ahmad Al Mahasneh
Keywords:
Publication year: 2015
Pages: -

Abstract

Legal Verdict for Imposing A Condition on the Husband by One of the Wife's Relatives

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Authors: Mohammad Awwad Alsukkar , Ali Abdallah Abu Yehia
Keywords:
Publication year: 2015
Pages: -

Abstract

Defect Lack of Jurisdiction and Its Impact on the Administrative Decision

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Authors: Sameer Abdallah Alsamna'eh
Keywords: Administrative Decisions, Defect Lack of Jurisdiction
Publication year: 2015
Pages: -

Abstract

The defect lack of jurisdiction in administrative decision highlighted the major defects that cause cancellation of the administrative decision, where the defect lack of jurisdiction of the reasons for the abolition of the administrative decision being the only drawback on public order. The present study dealt with the concept of defect lack of jurisdiction in the administrative decision, the most important characteristics of this defect in addition to the clarification of the most prominent cases in which the administrative decision is tainted by a defect lack of jurisdiction. Moreover, the study forms has made it clear defect lack of jurisdiction temporal and spatial particle and simple The study found that administrative decisions in order to be legitimate must be issued by the competent bodies, but promised these decisions tinged defect lack of jurisdiction, have addressed Jordan High Court of Justice has responded to defect lack of jurisdiction in order to protect the public interest and the interests of individuals alike because the non-observance of those interests which breach the safeguards prescribed for the management and individuals, the study came up with a number of findings and recommendations.

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

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Authors: Enas Munir Abu Hamad , Aref Ezz Edden Hassounah
Keywords:
Publication year: 2015
Pages: -

Abstract

Rejection Significance

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Authors: Marwan S. Rayahneh
Keywords:
Publication year: 2015
Pages: -

Abstract

Terrorism in Islam and the West

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Authors: Ali omar moftah , Eeaman Muhamed Abbas
Keywords:
Publication year: 2015
Pages: -

Abstract

psychiatric Disorders for Women after Childbirth and Its Impact on Crime and Punishment in the Penal Legislation of Jordan

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Authors: Mamdoh Aledwan
Keywords: psychiatric Disorders, Childbirth, Crime, Women
Publication year: 2015
Pages: -

Abstract

This paper deals with the subject of psychiatric disorders for women after childbirth and its impact on crime and punishment in the penal legislation of Jordan, as is the psychological state of a woman after the situation was critical importance because they may pose a major motivation for women ventured to commit murder and her newborn under the weight of these psychiatric disorders and the resulting them from physiological changes affect the general behavior of women. Therefore, we dealt with this study to shed light on those psychiatric disorders and the extent of their impact on the criminal behavior of women after childbirth, and through three sections, where we dealt with in the first section of what those psychiatric disorders at some point after birth through the definition and statement types, as well as the causes. Then in the second part, we dealt with the murder of the mother of the infant after birth through the statement of the General Staff of the crime, as well as private corners. The third topic was offered through the impact of these disturbances on the psychological criminal liability for women and the punishment for those responsible to do. As we concluded in the end of this study to a set of results and recommendations.

Ability Effect on Fasting in the Light of the Sharia Aims

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Authors: Fathallah Aktham Tuffaha
Keywords: Effect, Ability, Fasting, Shareia Aims
Publication year: 2015
Pages: -

Abstract

This study examines the statement meaning Ability in fasting in Islamic jurisprudence, and limits the impact of the aims of the law on being able to fast in general, and on the pillars of fasting and conditions in particular, and the statement of its impact as well as in some of the issues of fasting such as travel, illness, and self-employed labor and length of fasting in some country. To prove that the commissioning of fasting Ramadan came, according to energy-designate and his ability, and that depends on the fast one is able, Allah -the almighty- does not cost a soul beyond its scope. To conclude that according to the research that the athemetic say of the scollers that the period which permited for traveler brack the fast is 4 Burda as long as the sick person is very ill which fasting may couse his/ her to die.