Arts and Humanities Commons^™

The Recitation Of Imam Al-Kisa'i And Its Impact On Family Related Jurisprudential Rulings, Hamza Hammad

An-Najah University Journal for Research - B (Humanities)

This study aimed to introduce the Quranic recitations and Imam Al-Kisa’i, and shows the effect of the recitation of Imam Al-Kisa’i on family-related rulings. The study followed the inductive approach, which consists in extrapolating the verses related to the family rulings, then explaining the recitation of Imam Al-Kisa’i, then applying the comparative approach by contrasting the recitation of Al-Kisa’i with other reciters, then the analytical approach by analyzing the reasons for the different recitations and their impact on the jurisprudential rulings related to the family. The study concluded that there are applied jurisprudential models impacted by the recitation of Al-Kisa’i …

النوازل وأثرها على حكم التبني في الفقه الإسلامي: دراســة فقهيــة Calamities And Their Impact On The Rule Of Adoption In Islamic Jurisprudence: A Jurisprudential Study, Sami Al-Ajouri

Jordan Journal of Islamic Studies

ملخص

جاء هذا البحث الموسوم بعنوان: "النوازل وأثرها على حكم التبني في الفقه الإسلامي ـــــ دراسة فقهية" في مبحثين وخاتمة؛ بهدف دراسة حالة من حالات فقه النوازل المعاصرة، أصلها واقعة خاصة حدثت في زماننا المعاصر، واشتمل المبحث الأول -بعد التعريف المبسط للنوازل- على بيان أهمية الاجتهاد في النوازل وحاجة المجتمع إليها، وضوابط الاجتهاد فيها، وكيفيته. ثم جاء المبحث الثاني ليبين أثر النوازل المعاصرة على حكم التبني في الفقه الإسلامي.

وأظهرت نتائج البحث في خاتمته أن حكم التبني في الشريعة الإسلامية باقٍ على أصله بالحرمة، وأن ما تحدثه النوازل لا يعدو كونها توجد ضرورة تبيح المحظور، مع ضرورة الأخذ …

Antiquities Smuggling: Its Concept, Rule, And Ways To Reduce It- Comparative Legal Jurisprudence Study تهريب الآثار مفهومه وحكمه وسبل الحد منه دراسة فقهية قانونية مقارنة, Hamza Abdel Karim Hammad

Jordan Journal of Islamic Studies

ملخص

تهدف هذه الدراسة إلى بيان الموقف الفقهي والقانوني من تهريب الآثار من حيث المفهوم والحكم الشرعي وسبل الحد منه، وقد اتبعت الدراسة المنهج الوصفي؛ بوصف الظاهرة كما هي في الواقع، ثم استقراء الحكم الفقهي لها وسبل الحد منها من خلال تحليل النصوص الشرعية مع مقارنتها ببعض القوانين العربية.

وقد انتهت الدراسة إلى أن تهريب الآثار فعل محرم شرعاً ومجرم قانوناً؛ استناداً إلى مجموعة مؤيدات شرعية؛ هي كون التهريب فيه اعتداء على المال العام، فضلاً عن مخالفته لولي الأمر إضافة إلى الضرر المترتب عليه. أما تدابير الحد من هذه الظاهرة؛ فهي وقائية وعلاجية؛ ومن الوقائية: ضبط الفتوى فيما يتعلق بالآثار، …

استثمار أموال الوقف الإسلامي وإشكالاته الفقهية, الحسن بنعبو

Dirassat

The article deals with the issue of the Islamic endowment, and that from two angles: the first is the jurisprudential angle, and the second is the contemporary investment angle in defining the terminological consideration of the issues of the Islamic endowment. The interest in investing endowments and preserving their continuity now the same. This allows for a fundamental issue, namely, the preparation of investment programs that take into account the interests and legitimacy aspects. In addition to maintaining the delicate balance between its openness to the requirements of preponderant interests and preserving the endowment that is embodied in the survival …

About Medieval Egyptian Historians, Zukhra Aripova

The Light of Islam

This article is dedicated to the life and work of historians of the Mamluk period (1250-1517) in Egypt and the rich heritage left by them. In the XIII-XV centuries, Egypt had a special place among the countries of the Middle East due to the activities of the Mamluks. The prestige of the Mamluk sultans increased due to their victories in the fght against the Crusaders and the Mongols in the Middle East. The establishment of Mamluk rule in the history of Egypt, the growth of the superiority of military Mamluks in the country, the rise of the Bakhrit Mamluk sultans …

قاعدة العادة محكمة وتطبيقاتها في حسابات المصارف الإسلامية The Rule Of Custom And Its Applications In The Accounts Of Islamic Banks, Omar Abu Shanab, Zakariya Shatanawi

Jordan Journal of Islamic Studies

The study aimed to study the applications of (the rule of the custom) and its sub-rules on the bank accounts in Islamic banks. The study included a general definition of the rule of law and its sub-rules, the types of bank accounts in Islamic banks and the applications of the rule therein. The study found that there are contemporary applications of the rule of thumb in current accounts and investment accounts. The study recommended the need to pay attention to the study of jurisprudential rules and their contemporary applications in Islamic banks, for their importance in the jurisprudential consolidation of …

Warfare In Christianity And Islam: Unveiling Secular Justifications And Motivations Behind So-Called Religious Violence, Onur Korkmaz

USF Tampa Graduate Theses and Dissertations

The phenomenology of religion has received the most attention in social science because it has shaped society on social, political, and economic levels throughout history. Religion can be an organization that brings people together and develops a sense of identification, while also acting as a divisive structure for those of other faiths or nonbelievers. And so, we have witnessed the rise of both religious tendencies and violent acts for the last two decades, occasionally intertwined. Various belief systems have increasingly become a factor that politicians, intellectuals, and the mainstream media associate with violence-based modern warfare. However, scholars and analysts who …

An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck

Masters Theses

In this thesis I argue Brian Leiter’s vision for a naturalized jurisprudence stands in problematic tension with critical facets of objective morality presupposed by the American legal system. Leiter makes the case for the naturalization of jurisprudence through adherence to his version of a naturalistic epistemology. Though Leiter explicitly rejects moral realism—and embraces elements of legal positivism—he acquiesces to the notion that judges sometimes utilize non-legal, “moral reasons,” when deciding cases. Leiter suggests that any moral “knowledge” that may influence the process of adjudication should be delivered by the hard sciences. I suggest Leiter’s epistemological naturalism is incapable of providing …

The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee

St. Mary's Law Journal

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would …

مدى تأثير الغاية على الوسيلة وتطبيقاتها في باب الجنايات والجهاد والقضاء The Extent Of The Effect Of The Purpose On The Method And Its Applications In The Chapter Of Crimes, Jihad And Justice, Abdullah Mahmoud Dawahdeh, Osama Ali Al-Rababaa

Jordan Journal of Islamic Studies

The current study discussed the effect of aims on means and some relevant applications in books of jihad, Felonies and jurisprudence, so it began with explanation of controls through which aims affect means in Islam with examples showing such effects taking into account origin establishment of each issue.

The study aims at clarifying the attitude of Islam towards the theory of “Aims Justify Means” and regulations ruling the consideration of aims in Islam with some examples indicating effects of aims on means in books of Islamic jurisprudence.

The study concluded that Islam regulated considerable aims and means and had balanced …

From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer

Touro Law Review

No abstract provided.

Significance: (Should) And: (Should Not) Fundamental Jurisprudence Study"", Osama Adnan Al-Ghonmeen

Jordan Journal of Islamic Studies

This research is entitled: should and should not, a study of fundamentalist jurisprudence, the researcher seeks to grasp the fact behind the use of the words should and shouldn't in the Holy Qur'an and the purified Sunnah and to focus on. It should be pointed out that the word "should" was not included in the Holy Qur'an to refer to the jurisprudential rulings, It should also be pointed out that the use of the word (should), and the composition of (should not), in the semantic connotations, has come at an advanced stage when the prophet Mohammed ,peace be upon him, …

التوقف في الفتوى (مفهومه، أسبابه، آثاره "The Abstain" Of Showing Opinions (It's Concept, It's Causes, It's Effects), Osama Adnan Al-Ghunemiyin

Jordan Journal of Islamic Studies

This study seeks to recognize the reality of "the abstain" according to the fatwa, and to identify its impact on their reasoning. The study has concluded that The abstain according to the Jurisprudences is not to no to say someone's opinion in such jurisprudential issue; because of non-appearance of the right solution concerning it. Also the study had detected that there are many reasons for " the abstain"; the most important of them are when the evidences don't appear vividly to the scholar, and sometimes the contradiction that occurred between the evidences, and sometimes the scholar abstains for doing more …

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …

The Future Of Aztec Law, Jerome A. Offner

The Medieval Globe

This article models a methodology for recovering the substance and nature of the Aztec legal tradition by interrogating reports of precontact indigenous behavior in the works of early colonial ethnographers, as well as in pictorial manuscripts and their accompanying oral performances. It calls for a new, richly recontextualized approach to the study of a medieval civilization whose sophisticated legal and jurisprudential practices have been fundamentally obscured by a long process of decontextualization and the anachronistic applications of modern Western paradigms.

Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn

The Medieval Globe

This introduction presents and draws together the articles and themes featured in this special issue of The Medieval Globe, “Legal Worlds and Legal Encounters.”

Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner

The Medieval Globe

This essay examines the similarities and differences between legal and other precepts outlining corporal punishment in ancient and medieval Indian and early medieval European laws. Responding to Susan Reynolds’s call for such comparisons, it begins by outlining the challenges in doing so. Primarily, the fragmented political landscape of both regions, where multiple rulers and spheres of authority existed side-by-side, make a direct comparison complex. Moreover, the time slippage between what scholarship understands to be the “early medieval” period in each region needs to be taken into account, particularly given the persistence of some provisions and the adapatation or abandonment of …

Legitimation, Mark C. Modak-Truran

Mark C Modak-Truran

This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those …

The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall

Brian M McCall

This lecture addresses the natural relationship between Church and State and explains Catholic Social Teaching regarding the organization of civil society.

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Samuel W. Calhoun

None available.

Jurisprudential Schizophrenia: On Form And Function In Islamic Finance, Haider Ala Hamoudi

Articles

Despite its explosive growth over the past several decades, Islamic finance continues to have trouble attracting large numbers of otherwise pious Muslims as potential investors. The underlying reason for this is that the means that the practice employs to circumvent some of the central Muslim bans relating to finance (most notably, the ban on interest) are entirely formal in their structure and are equivalent to conventional structures both legally and economically. However, the practice purports to serve functional ends; namely, through offering Muslims alternative means of finance that are intended to further Islamic ideals of fairness and social justice. This …

Moral Ambition: The Sermons Of Harry A. Blackmun, Dena S. Davis

Law Faculty Articles and Essays

Justice Harry A. Blackmun died on March 4, 1999 at the age of 90. The public funeral was held on March 9, at the huge and impressive Metropolitan Memorial United Methodist Church, on Nebraska Avenue in Washington, D.C. Among the many speakers at this "Service of Death and Resurrection" was the Rev. Dr. William A. Holmes, senior pastor at the Church, speaking on "The Churchmanship of Harry Blackmun." Dr. Holmes talked movingly of a man who was intimately involved in the affairs of his church. Among the Justice's many contributions, Holmes noted a sermon that Blackmun had once preached on …

Prophecy And Casuistry: Abortion, Torture And Moral Discourse (Giannella Lecture), M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Scholarly Articles

None available.

The Moral Dilemma Of Positivism, Anthony D'Amato

Faculty Working Papers

I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …

Paul, The Lawyer, On Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Lon Fuller And Substantive Natural Law, Anthony D'Amato

Faculty Working Papers

I will contend that Fuller's secular or "procedural" natural law, as described by Moffat, does not cover the theoretical position that could be occupied by a substantive natural lawyer, that such a theoretical position is viable today, and that there are some key elements in Fuller's theory that actually conflict with substantive natural law and might therefore be criticized from that perspective.