Law Commons^™

Systematic Controls For Inferring Legal Texts

UAEU Law Journal

The subject of this paper is of paramount importance because the understanding of the texts of Islamic laws and deduction of provisions therefrom must be undertaken in accordance with systematic controls that help protect researchers and scholars from deviation in reasoning and deduction, and from falling into errors.

To correctly understand, interpret and hence apply such legal texts, these controls must be carefully observed. This paper presents seven such controls and outlines the rules and provisions pertaining to each.

(1) Ascertainment of the authenticity of the text on which a verdict is to be based. This control applies to Al-Ahad …

Preventing Tricks And Using Caution In Maliki Opinion And Its Effect On Custody Of Religious Aims, Saadedin Dedache

UAEU Law Journal

Islamic Law has been put to regard mankind’s requirements. It is the source of rules, and the origion of reasoning.

Imam Shatibi, regards Knowing Sharia aims as a condition of reasoning, he also regards Producing rules as a branch of Sharia aims.

oundations which are regarded as an applied way to achieve Sharia aims in Maliki opinion, particularly two bases: Preventing tricks and using caution.

Legislative Rule Between Firmness And Alteration- الحكم الشرعي بين الثبات والتغير

UAEU Law Journal

This article tackles the legislative rule, at the introduction we gave the meaning of legislative rule according of Scholars of Jurisprudence and Foundations of Jurisprudence, what are the differences between both, then the article was divided into Two Chapters. In Ch. 1, we talked about the firmness of the legislative rule, it includes Two sections, in sec. 1 we discussed the whole firmness of legislative rule, which means the continuous evidence and argument of it in all times and conditions. In sec. 2, we discussed the comparative firmness, which means that legislative rule which is produced from supposed evidence can …

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 …

Insuring Doubtful Debt In Cooperative Insurance, Prof. Mohammad Alzuhaili

UAEU Law Journal

The doubtful debt is one of the issues in Islamic financial system. Recently the cooperative insurance which comply with the Shari’ah principles emerge in the Islamic financial market. Therefore, The scholars question the rulings related to the doubtful debt in the cooperative insurance in order to secure the rights of creditor and to ease the Islamic transaction with the different level of society.

This paper try to answer the legitimacy of this kind of insurance and concluded that it is valid provided that it fulfils certain conditions related to the principles of Shari’ah. The paper also explain the Shari’ah …

Commercial Advertising Rules & Regulations In Islamic Jurisprudence, Abdel-Majid Al Salahin

UAEU Law Journal

Publicity (advertising) has the most leading position in marketing and promotional efforts of any establishment, a process which reflects this cultural and valued rhythm of any community, other than any unrevealed cultural, speculative and psychological inspirations. This study is an attempt to focus on all aspects of the advertising process from an Islamic perspective through an introduction to commercial advertisements, their origin and development, rules and jurisprudential adaptation, elements of advertisement and components of publicity message defining their jurisprudential regulations

Significance Of Arbitration Islamic Jurisprudence-Dr. Abdul Majeed Al-Susuah

UAEU Law Journal

The significance of the concept of arbitration in Islam stems Form the fact that the verdict that the arbitrator reaches is considered binding for both adversaries. That is, his ruling cannot be rebutted, unless a legitimate justification calls for a rebuttal. Both adversaries can dismiss the arbitrator before he reaches his verdict. However, an opponent cannot dismiss the arbitrator after he listened to the case unless the other opponent agrees. The adversaries' approval of the arbitrator's decision is not required as long as it conforms with the Islamic Jurisdiction.

The convict has the right to file a petition, rebutting the …

The Endowment (Waqf) And Its Effect In Cultural And Scientific Development

UAEU Law Journal

This research is aim to show the truth of endowment which the Islam legislated and to clearing up the Islamic societies and the humanity needs, because the purposes are to achieve the progress for Human being Generally, happiness, and securing the spiritual and material ambitions.

The routes that Muslims treaded for that are the endowments of mosques, schools, Universities, general and special libraries, scientific and researching centers. They had constructed too much of these a length and wide of countries. They had spent a peerless generosity at these and scientists, teachers, employees, students and requisites which the marks still nowadays. …

Islamic Law And Weapons Jurisprudence Of Mass Destruction, Abdel-Majid Al Salahin

UAEU Law Journal

The paper is comprised of an introduction, three chapters and Conclusion.

The introduction deals with the phenomenon of fighting in the human societies in terms of it's reasons and development of fighting means.

In chapter one the author defined the three types of mass destruction weapons and their dangerous effects:

1- Chemical weapons which include gases and inflammables.

2- Biological weapons which include: the various types of viruses and germs.

3- Atomic weapons which include the fissionable bomb, the fusing bomb and the neutron bomb.

In chapter two the study deals with two issues:

1. Islamic jurisprudence stand concerning destructive weapons …

Compensation For Medical Malpractice According To Sharia Rules.

UAEU Law Journal

Medicine is a collective duty by practice and learning, and this might stipulate thereon as any permission job. The cure is either allowable or a bit due , and becomes duty if there was a damage when we left it. Insurance the spoiled caused by the doctor to the patient`sbody during the treatment has different rules according to the doctor situation and job circumstances, and we can classify prerequisites of this guarantee and behoove him to five degrees inception by the most Insurance one:

- Intentional action requires Kisas (punishment)] if he killed the patient by his treatment, he must …

Justification Of The Legitimate Texts And The Issues Related To It, Ahmed Muhammad Al-Yamani

UAEU Law Journal

Praise be to Allah, Lord of the Worlds, benediction and peace be upon the noblest of Prophets and Messengers, our Master, Mohammad, his Kinsfolk and companions all.

This is an abstract of a research paper titled: (Justification of Religious Texts and the Fundamental Issues Associated with Such Justification)

This research paper consists of an introduction in which I have explained the significance of the study, the research plan, the reason for choosing the topic and the method I have followed in the study.

The study itself is composed of four themes: the first one: studying the topic and citing the …

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 …

Television Contests: Provisions And Purposes By Dr. Omar Saleh

UAEU Law Journal

Man is the major pillar of development. He is also the object of media programs from the mental, physical, and spiritual aspects. It is extremely important for the Arab and Islamic nation to upgrade its communication and mass media, especially in the age of globalization. This can be done through developing educational programs and purposeful contests. This study aims at clarifying the provisions pertaining to televised contests so that one can know whether to accept or reject them, or refrain from participating in these activities.

The study consists of an introduction, four sections and a conclusion. In section one the …

He Position Of Al-'Afu According To Usuli Scholars, Salih Al Zanki

UAEU Law Journal

The legal rulings had came free from useless ramifications and divisions. The purpose was to make things easy for people. So avoiding ramification at the time of legislation was a certain objective among the objectives of the Legislator that prevailed in all His rulings except for the domain of worship. What further strengthened the foundation of leniency is the existence of a space that is free from legislation, the usuli scholars labeled as the space or the position of Al-'afu. This research is devoted to discuss the issue of this position and its place in the usuli research. Light is …

Methods Of Extracting Opinions From Shari'a Texts, Saadedin Dedache

UAEU Law Journal

The search deals with the topic of how to conclude opinions from Islamic provisions (Istidlal), in particular, its concept, types, approach of scholars towards it, its fields, its role with respect to the interpretation of the Islamic provisions and its consequences in Islamic legislation.

It deals as well with the different typs of opinion of prophet's comp gains, their followers and people came after, who set standards for the accepted opinion.

The search concerns with a very controversial issue, I.E.

The relationship between opinion and Ijtihad, with providing some examples for some scholar's efforts and how the formers made their …

Ambiguous ( ) Views And Opinions Of The Four Imams In Issues Of The Fundamentals Of Jurisprudence, Ahmed Abdullah Al-Dweihi

UAEU Law Journal

The research study aims to clarify the most important ambiguous views and opinions of the four imams (Abu Hanifa, Malik, Al-Shafie and Ahmed) in relation to fundamentalist jurisprudence issues by tracing the attribution of that view or opinion to the Imam to demonstrate the aspects of ambiguity in them, and the most important interpretations, which scholars said of that view or opinion, in addition to explaining the chosen opinion. There is no doubt that demonstrating the Imam's intent of the expressions that provoke argument among scholars will contribute to the defense of the Imam against any attempts of tarnishing his …

The Progeny Entailment, Prof. Mohammad Alzuhaili

UAEU Law Journal

The Entailment (assigning a fixed asset for charity) is a donation for the sake of Allah. The benefit of this entailment will be distributed on those individuals upon whom the entailment (Waqf) is designated. This act (Waqf) is one of the charitable deeds in Islam. It also represents one of the Islamic social solidarities. Entailment (Waqf) is a preferable act in Islam.

There are two types of entailment: One as a donation designated for the needy and the general public interest and the other designated for the progeny of the donor or the progeny …

Basic Rules Of Islamic Jurisprudence: Its Definition, Elements And Conditions, Abdel-Majid Al Salahin, Omar Bin Omar Samai

UAEU Law Journal

Core and picture basic is one of the famous jurisprudence basics that means in some cases the core and the picture shares each other some points, so the point here is which one of them is to be adopted and done whether for sure or more possibility

And this study goals to show of the real meaning of the first part of this basic which is the concept "core" that through being exposed to its most meaning and announcement, then to have the outcome and the definition which clarifies what do scientist want to tell us via this basic. And …

Review Of A Book "Bedayatu Almujtahid, And Nihayatu Almuqtasid, Mohammed Suleiman Alnoor

UAEU Law Journal

This review aims at highlighting the status of this book: "Bedayatu Almujtahid Wa Nihayatu Almuqtasid". The review identifies the book, the author, his method in this book, and the subjects the terms used in it.

It also aims at identifying some of the books that drew on the book by studying the subjects of the book and the Fiqh resources that handled this book.

The Role Of Sunnah In The Protection Of The Environment

UAEU Law Journal

Protecting the environment from pollution is probably a major international problem. Islam preceded all man-made legislations in protecting the environment. The legislations of Islam were adequate enough to protect the environment in a way that guarantees the best use of it. This paper consists of five parts. In the first part, the concept of environment was defined from a linguistic, geographical, and general sense. The concept of environment in Islam and the role of man in protecting it were also explained in the first part. The second part of the paper was devoted to the role of the Sunnah in …

Justice In Distribution Of Resources In The Islamic Economic System, Abdel-Majid Al Salahin

UAEU Law Journal

The Islamic economic system is characterized by justice in division of resources between all members of society. In order to achieve this goal, Islamic jurisprudence determines appropriate strategy that takes into account rights of low- social class of community, and considers justice among all society members.

This research aims to shed light on this Islamic principle, and illustrates how these principles play a role in maintaining social security in a Moslem community.

Methods Of Rectifying Invalid Contracts, Ibrahim Al Shall

UAEU Law Journal

The Jurists have given the contracts a special interest regarding division, order & calssification, in order to be easily understood. A contract can be classified as true or untrue according to the majority of jurists. According to AlHanafiya jurists, however, it is classified as true, bad and invalid.

One issue has not been highlighted or researched in depth. It is the subject of whether the contract is considered invalidated if it is doubted, disputed on the grounds of its authenticity or its signature. This research.

Investigating The Heritage Positives And Negatives

UAEU Law Journal

In the current era, the scientific renaissance started and the books on heritage have been published. Scholars and researchers put great efforts in this renaissance despite an earlier period of neglect.

The scholars’ efforts varied a great deal in some concern content, method and procedure, some efforts were commendable and others were not only inaccurate and outright negative. This article offers comments on these efforts to support the good efforts and help rectify the negative ones. a lot of negatives that effect the work, that is why it became duty to help to achieve the work to the accuracy and …

The Role Of The Waqf In The Preservation Of Basic Tents Of Islamic Sharia

UAEU Law Journal

The aim of this study (The Islamic Endowment and its roles in keeping the goals of Islam) is to highlight the meaning and importance of endowment in Islamic sharia, as it is a recommended act. This study is divided into six topics and a conclusion. The first topic focuses on the definition of the endowment, its kinds, and its ruling. The second topic focuses on the roles of the endowment in maintaining the religion, by giving the meaning of Islam, its importance, and how it treats Muslims and non-Muslims. The third topic focuses on the role of Islamic endowment in …

Jurisprudence Statements Versus Conventions In Islamic Jurisdiction

UAEU Law Journal

The Shariah text should be understood in light of the linguistic and contextual meaning understood during the time in which the text was issued. There might be a partial or total conflict between the text and the conventions. We should examine whether this conflict is total. In case the conflict was total, this will lead to suspending the text and removing its rule, then the convention will be decayed (void) and it will not be permissible to use. But if the conflict is partial as when the text is general and is in conflict with the conventions in some of …

The Legitimacy Of Woman Leading Men In Prayers, Ahmed Al-Suwai’I Shlibak

UAEU Law Journal

This research is dealing with the topic: “The legitimacy of a woman to lead men in the prayer”. The research is divided into an introduction and three subjects. The introduction contains the definition of Imamah (leadership) and the conditions that are required for the imam in the prayers. The first subject contains the rules for a woman leading men in prayers. The researcher observes this issue very carefully through discussing whether or not the woman has the right to become an Imam to lead the prayer, by showing the opinion of the scholars and their “daleels” (proofs) and discussing the …

The Ruling Of Staying Up In Islamic Jurisprudence

UAEU Law Journal

This research aims at clarifying and detailing the ruling concerning staying up awake at night in the Islamic sharia in light of the Sharia intentions and fundamental rules relevant to them. The most important rule is "what duty can be fulfilled with it". The rule of stopping execuses and rule of pairing between interests and disinterests.

The research concludes that staying up awake at night is divided into permitted and prohibited. As for detailing, it includes the five rulings of duty. It my be a duty if it is in guarding or a public interest for Muslims, etc.. It may …

Al-Mahkum Fih In Accordance With The Islamic Legislation’ Objectives, Adnan Mahmoud Al-Assaf

UAEU Law Journal

This piece of research assesses compatibility between the conditions of al-Mahkum fih and the objectives of al-Tashri‘. In addition, it examines the ruling of obliging the servants with the impossible deeds, the natural and non-consensual deeds, in accordance with the objectives of Islamis jurisprudence. Further, examine the ruling of obliging servants with tough acts. The ruling of obliging with a deed before satisfying the legal condition for it. In consequence, the researcher has come to an obvious conclusion that is the objectives of al-Tashri‘ are achieved in all of the previous subjects which are related to al-Mahkum fih. Besides, this …

Liberalization Of Statement As A Preference In The Malikiya Thought

UAEU Law Journal

This research deals with the concept of “Istihstan” (judicial preference) in the “Malikeya” School of legal thought. The research approaches this concept from three perspectives: 1- Examining the accuracy of the saying that Imam Malik himself used the term “Istihstan” with its juridical connotations; 2- Determining the stand of “Malikeya” scholars on considering “Istihsan” as one of the sources of law in the school; 3- Determining the meaning of the term “Istihsan” among its users in the school. The study concluded that it seems to be inaccurate to attribute the usage of the term “Istihsan” to Imam Malik, and …

Jurisprudential Adaptation Of The Financial Relations With Joint Insurance Companies A Jurisprudential Practical Contemporary Study

UAEU Law Journal

The joint insurance system enforced in contemporary joint insurance companies is based on a set of contracts and complex relations to which modes and targets are integrated in total conformity with the provisions and principles of the Islamic jurisprudence. The following study came as a demonstration of the technical analysis and the jurisprudential adaptation of the main financial relations occurring within the joint insurance companies. The study has been divided into a preamble and four topics as well as a conclusion. The preamble, contained a set of methodical introductions and the terminology of the study, as well as the differences …