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Jurisprudence

UAEU Law Journal

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Reality Jurisprudence From A Dogmatism And Suspicion Perspective, Sami Al Salahat Mar 2021

Reality Jurisprudence From A Dogmatism And Suspicion Perspective, Sami Al Salahat

UAEU Law Journal

Reality and livelihood are fields of study for scholars from different backgrounds and interests, especially those of religious fundamentals. Hence reality is a base of showing up a number of practical speculated roles. This was clear in the Islamic jurisprudence, which fits a system of applications through fundamentals and the methods of the fundamental schools.

This paper is trying to discuss the relationship between speculations and suspicions fundamentals in the process of dealing with reality and any developed cases. With out omission of the modern social and human sciences, for a better understanding of the reality chains.

In order to …


Rules On Comparison Between Conflicting Interests, Abdel-Majid Al Salahin Mar 2021

Rules On Comparison Between Conflicting Interests, Abdel-Majid Al Salahin

UAEU Law Journal

Comparisons between conflicting interests aim to identify the closest to Islamic law, the most right and the most beneficial to mankind. Consequently, examination of the nature of conflicting interests to ensure a precise comparison between them undoubtedly requires a full knowledge of Islamic law and rules.

It is evidently true that this comparison is a complete law with coordinative rules in Islamic Law, providing guidance to Muslims in identifying the right and avoiding scoliosis and doubt.

These studies aims to reveal some of the characteristics of above law, focusing on the most important coordinative rules emanating from the nature and …


Fatwa Change In The Legal Provisions: Justifications And Controls, Ahmed Mohammed Lotfy Feb 2021

Fatwa Change In The Legal Provisions: Justifications And Controls, Ahmed Mohammed Lotfy

UAEU Law Journal

In Islam, fatwa is considered a serious matter because of its clear impact on the organization of the life of the believers. In fact, Islam did not make fatwa rigid rather it is flexible to include developments in society. Also, changes of the Fatwa are permissible should certain justifications calls for it, such as: a change of customs and habits, or a change of interests, or the diversity of means and so on. That being said, this change is not arbitrary, it is governed by controls and conditions, including not contradicting religious texts and taking into account scientific progress in …