Islamic Studies Commons^™

الفتوى وتأثرها بالمتغيرات الاقتصادية, Bashar Ejel

Al Jinan الجنان

لايخلو عصر من العصور من ظواهر اجتماعية واقتصادية وحوادث نازلة ومستجدة وطارئة يكون لها الأثر القوي في سلوك أفراد المجتمع، وتجعل الفقيه ينظر لبعض الأحكام الشرعية هل يفتي بها على الأصل ، أو أن ما حدث يُبيح تغيّر الفتوى بما يحقق قواعد الشريعة، ومراعاة مقاصدها،فينقل السائل من الحكم الأصلي إلى حكم جديد مع مراعاة ما تقدم. فقد عقد ابنُ القيم رحمه الله فصلا بعنوان :"تغيّر الفتوى واختلافها بحسب تغير الأزمنة والأمكنة والأحوال والنيات والعوائد".وقد تغيرت أوضاع كثيرة داخل العالم الإسلامي وخارجه، ونال هذا التغيير النظم السياسية والتشريعية والاقتصادية والاجتماعية، بكل جوانبها تقريبا. وإن طبيعة الفقه الإسلامي التغير والتطور والثبات والتجدد.وإن …

فلسفة تعدد الصواب في الاجتهاد كمنهج يدعو لوحدة المسلمين, Bashar Quahwaji

Al Jinan الجنان

This research calls on all parties and actors on the Islamic arena to accept and consolidate and entrench the principle of “the multiplicity of righteousness” that the decision of the street-wise, which is based on mutual respect for the opinions and judgments of others, and not monopolize the right people or parties at the expense of others, forgive each other while we disagree it, and unite among ourselves as unknowable agreed upon, to achieve the charity has accepted us to the Almighty, saying: (You were the best nation on earth people Propagation of Virtue and forbidding what is evil, and …

التثبت في الرواية عند الصحابة والتابعين, Abdullatif Rayan

Al Jinan الجنان

No abstract provided.

Abortion In Islamic Law And Its Intersection With Human Rights, Andini Naulina Rahajeng

Journal of Islamic Law Studies

Abortion was legally restricted in almost every country by the end of the nineteenth century. Abortion is a controversial topic due to its involving with fundamental morals, ethics, and religious concerns. Legal restrictions on abortio n do exist throughout Islam jurisprudence, though allowed only with emergency circumstances. Nowadays, people become more aware of abortion as a part of human rights, as it is considered female autonomy over her body and part of reproductive rights. Abortion considered should be legally allowed and accessible to women. This paper will describe the construction of abortion in Islamic Law and the awareness of abortion …

طبقات أصحاب الراوي -دراسة تطبيقية في صحيح مسلم - Layers Of The Narrator's Companions - An Applied Study In Sahih Muslim, Ahmad Hussein Al-Saggar

Jordan Journal of Islamic Studies

The purpose of the study was to examine the issue of layers of narrator fellows from the applied point of view among modernists. The scope of the study was Imam Muslim Saheeh as the study addressed the concept of narrator fellows layers, its significance, ways of knowing it then applied models of how Imam Muslim addressed this issue were presented. The study concluded with some results, the most important were:

- The concept of narrator fellows layers is a concept meaning that a group of narrators shared the narration from a specific scholar, and they varied in the narration from …

دور الهيئات الرقابية في إدارة مخاطر الخدمات المصرفية الإلكترونية في المصارف الإسلامية The Role Of The Control Bodies In Managing The Risks Of Electronic Banking Services In The Islamic Banks, Amer Al-Otoum, Najeeb Khreis, Adnan Rababaa, Abdullah Al-Badareen

Jordan Journal of Islamic Studies

The research aims to understand the nature of electronic banking services and knowing the most important advantages and risks associated with in case of Islamic banks. And then showing the methods of managing the risks of electronic banking services in Islamic banks، with a focus on the role of regulatory bodies in the management the risks of electronic banking services. The research relied on descriptive and analytical approach، through a number of secondary data sources، as well as the interview method as a primary source of data.

The results of the research are as follows: Risk is closely related to …

المخصصات في المصارف الإسلامية: -أحكامها ومعالجاتها الفقهية- Provisions In Islamic Banks: Their Jurisprudential Rules And Treatments, Ibrahim Obada, Meelad Al-Masrati

Jordan Journal of Islamic Studies

The purpose of the study is to investigate the meaning of provisions, its types and sharia rules; as well as establishing a Fiqhi background for it. Further, clarifying the sharia regulations to form provisions in Islamic Banks and any fiqhi; problems within the differences in Islamic banks and traditional banks in dealing the extra provisions and the rules of provisions Zakat.

The study is divided into an introduction and two subjects; the first subject was devoted to provisions: Technical aspects of provisions. The second subject discussed the provisions from fiqhi perspective.

The study concluded that there is a similarity of …

التعويض المادي عن الضرر الأدبي (دراسة فقهية مقارنة) Financial Compensation For Moral Harm - A Comparative Jurisprudential Study, Jaber Ismail Al-Hajahjeh

Jordan Journal of Islamic Studies

This research aims to study the issue of financial compensation for moral damage (moral) it came Search two demands, shown in the first requirement study terms (compensation, damage, physical, moral), and showed in the second demand the rule of material compensation for moral damage, the study concluded that it is permissible take Awad material for damagemoral, and due appreciation to the judge, there may preclude requiring the person to his right, especially that the purpose of compensation for moral damage not remove the damage, but satisfaction aggrieved and consolation, while some scholars went on to say is not permissible to …

مصادر التقعيد الأصولي عند الإمام الجصاص المنهج، والأثر التجديدي The Sources Of The Fundamentalist Establishing Of Rules According To Imam Al-Jassas: The Method And The Regenerative Effect, Faisal Ahmad Allumai

Jordan Journal of Islamic Studies

This work deal with the source of the fundamentalist norm of Al Imam Al Jassas and his curriculum, mentioning some regenerative impacts. So, most fundamentalists studies attached to Al Hanafi doctrine which have focused on the fundamentalist curriculum and have omitted most fundamentalist norm sources in Al Hanafi doctrine.

الأحكام الفقهية المتعلقة بالبطاقة الائتمانية الدوارة الصادرة عن بنك صفوة الإسلامي/ المملكة الأردنية الهاشمية The Jurisprudential Rules Related To The Revolving Credit Card Issued By Safwa Islamic Bank / The Hashemite Kingdom Of Jordan, Basel Youssef Al-Shaer

Jordan Journal of Islamic Studies

This study aimed to Clarify the jurisprudential provisions related to the revolving credit card issued by Safwa Islamic Bank in January 2019. This card was classified as a credit card, but at the same time, it is considered a new Murabaha product for the purchase order in a modern manner in line with the tremendous development of technology and communications. The study dealt with the introduction of credit cards in terms of definition, types and jurisprudence. The study also dealt with the revolving credit card issued by Safwa Al Islami Bank in terms of: description, procedures, policies, with the card, …

مصادر التقعيد الأصولي عند الإمام الجصاص المنهج، والأثر التجديدي The Substitutional Provisions In The Contracts Of Compensation And Partnership - Jurisprudential Models Compared To Jordanian Civil Law, Nabeel Mohammed Al-Maghayreh

Jordan Journal of Islamic Studies

This work deals with the subject of substitutionary rulings in commutative and companies contracts in Islamic Jurisprudence in comparison with Jordanian civil law as an example, with the aim of explaining this concept of substitutionary rulings, its kinds, and applications in the contracts in question, it also highlights their preventive and curative role in Islamic jurisprudence.

The study reached the conclusion that there are juristic applications for substitutionary rulings in commutative and companies contracts and to what extent the Jordanian civil law has taken it in consideration. Amongst the recommendation of the present study are: judges should pay attention to …

الاجتهاد بالرأي في النص (الحسابات الفلكية في إثبات الأهلة أنموذجاً) Making The Best Effort Depending On The Opinion To Generate Sharia Text (Astronomical Calculations In Proofing The Crescents As A Model), Mohammad Al-Kofahi

Jordan Journal of Islamic Studies

Make effort by opinion in the texts, a way to meet the needs of the people, and answer to the situation, facts and developments, Through the implementation of the texts and the investment of all their stocks and energies and evidence and clarify the spirit of legislation, This study dealt with the truth of the jurisprudence in the texts, the necessary controls in the process of make effort by opinion in the texts and how to employ in the process of devising legal rulings in contemporary issues Including the following: Astrological calculations in the proof of the crescent, The study …

المقاصد الجزئية لمقصد التزكية - زكاة الفطر أنموذجاً- Partial Purposes Of Purification - Zakat Al-Fitr As A Model, Khalooq Dhaifullah Agha, Mohammad Hamad Gharibah, Shibli Ahmad Obeidat, Inas Mohammad Gharaibah

Jordan Journal of Islamic Studies

The study showed the meaning of the high purposes and partial purposes, and the ruling on the collection of the recommendation, its importance and its status for the other purposes, and the evidence of the intention of recommendation from the Holy Quran and the Sunnah, as mentioned examples of application of partial purposes of the purpose of Zakat al-Fitr recommendation,: That it is possible to achieve the purpose of recommendation in many things, including Tawheed, prayer, charity, self-accountability, and pray, and that the partial purposes of the purpose of Zakat al-Fitr, purification of fasting, and the emphasis on the principle …

النسويَّة بين اليهوديَّة والمسيحيَّة -دراسة مقارنة- Feminism Between Judaism And Christianity - A Comparative Study, Anfal Jassim Al-Khanderi

Jordan Journal of Islamic Studies

The study aimed to identify the Jewish feminism and Christian feminism, to address the similarities and differences between feminism in the two religions, and to highlight the most important reasons that called for their emergence.

After research and comparison, the researcher found that Jewish feminism is clearly consistent with Christian feminism, especially in the fundamental reasons and motives that led to the emergence of feminist thought in both religions, and in achieving the results of each of them on the religious, social, cultural and political levels. The differences are almost nonexistent and the difference is due to the emergence of …

أثر اللفظ العربي في أحكام الصلاة The Effect Of The Arabic Language On The Rules Of Prayer, Anas Abdul Wahed Al-Jaber

Jordan Journal of Islamic Studies

The study sheds light on the concept of the Arabic language and its effect on prayer. The Arabic language is the vessel within which the Quran and Sunnah may be understood. Islamic Shariah is represented by its two fundamental sources, the Quran and the Sunnah, both in the Arabic language, and implemented by prayer as one of the pillars of Islam. Therefor, this study aims to outline the rulings related to the concept of Arabic language as related to the Quran, as well as those regarding specific aspects of prayer such as Opening Takbir, reciting verses from the Quran, supplication, …

الأحاديث النبوية الــتي وافقتها قواعد فقهية في النص في العبادات - جمعاً وتخريجاً ودراسة- The Hadiths That Were Congruent With Jurisprudential Rules In The Sharia Text On The Acts Of Worship – In Terms Of Collection, Narration, And Examination, Saad Fajhan Al-Dosari

Jordan Journal of Islamic Studies

The rules in Fiqh is a great place in the sciences of Islamic law, and it has sources that are based on it and based on it. Some of them are the prophetic text. The rules in Fiqh is sometimes formulated from the hadith text, which makes it important. The study dealt with the definition of the science of Fiqh rules, and then the statement of the Prophet's Hadiths, which was approved by the Fiqh rules in the text, so that it struck six examples, and then the statement of the rules that approved weak hadiths in the text, Examples, …

موقف ابن خلدون (ت 808ه) من الفرق الإسلامية Ibn Khaldun's Attitude (808 Ah) Towards The Islamic Sects, Allaith Saleh Otoom

Jordan Journal of Islamic Studies

The study deals with the subject of the Islamic groups by Ibn Khaldun, and presents his methodology in his study of the groups, and his sources in doing that are the Holy Quran, Sunnah, unanimous, and the law of human civilization. The rules of his methodology in the study of groups were: symmetry or expulsion, difference or variation, cause or rational.

The study explained the factors of the formation of the groups by Ibn Khaldun, namely: religious intolerance, follow the similarity, the external factor, and translation, and make the religious intolerance the core for these factors, based on his theory …

خصائص الدعوة إلى الله: نماذج مقارنة من دعوات أولي العزم من الرسل Attributes Of The Call To Allah: Comparative Examples Of The Calls Of The First-Willed Messengers, Jeloos Al-Qahatani

Jordan Journal of Islamic Studies

Allah the Almighty made Islam as a final call of previous ones and the Holy Quran is an existing companionship forever. So, Islamic call has many characteristics which made it valid for all time and place and comprehensive for all life requirements, this research explains the most important sources from which Islamic call derived its characteristics, and displaying those properties sources from which Islamic call derived its characteristics, and displaying those properties which distinct it from prophet with hardihood, then explaining the common characteristics between prophet with hardihood and Islamic call, finally to conclude to a result that Allah the …

التكييف الفقهي للسرقة الإلكترونية -دراسة مقارنة مع قانون بروناي- The Jurisprudential Adaptation Of The Electronic Theft - A Comparative Study With Brunei Law, Noor Zakyah Bint Ramli, Adnan Mahmoud Al-Assaf

Jordan Journal of Islamic Studies

This paper discus on the electronic theft crime in which resulted from misuse computer and the internet, and evaluate this crime from the principle of fiqh view. It has arisen difficulty in convicting this crime in the field of Shariah jurisprudence, as it usually occurred through virtual act and it was committed electronically. Due to solve the difficulty, this paper begins with the fact of the adaptation of jurisprudence; verify the electronic theft crime, and to state the applicability of traditional crime rulings on the electronic theft crime.

الرقابة المصرفية النوعية تقدير اقتصادي إسلامي Qualitative Banking Supervision - An Islamic Economic Estimation, Emad Rafik Barakat, Maisa Muneer Melhem, Khloud Ahmad Tanash, Salah Addeen Abdullah

Jordan Journal of Islamic Studies

The purpose of this research is to explain the nature of the quality banking control and its traditional literature, and then to evaluate this type of supervision from the perspective of Islamic banking. The study showed that qualitative banking supervision is appropriate in terms of its concept and objectives of the nature of Islamic banking. However, with regard to the tools of such supervision, it was found that there are tools that can not be included in the legal tools of riba, And tools that can be accepted with some precautions that take into account the nature and structure of …