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More Than Sectarianism: How Have State And Non-State Institutions Used Violence To Form The Current Iraqi State And What Is The Effect?, Caitlyn Perkins

Honors Theses

This thesis examines the role of violence in Iraq in establishing the current Iraqi state. My chapters provide historical and theoretical context to the subject before getting into the analysis. The goal of this thesis is to show that violence in Iraq is not only caused by sectarian differences, but has been used and influenced by leaders, outside governments, and non-state institutions for personal gain and political goals at the cost of the Iraqi people.

Tinjauan Kawin Hamil Dalam Perspektif Hukum Islam, Fahrul Fauzi

Journal of Islamic Law Studies

Marriage is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Godhead of the Almighty. Basically, in the opinion of some scholars from the origin of the law of marriage if connected with al-ahkam al-khamsah is permissibility or ibahah. But marriage as a condition to meet the needs of physical life (biological needs) is often bypassed. The fact that there is currently increasingly widespread premarital sex. One of the effects of premarital sex is pregnant out of wedlock. The practice in …

Perkawinan Dalam Hukum Adat Baduy Dan Perkawinan Dalam Kompilasi Hukum Islam, Muhammad Muslih

Journal of Islamic Law Studies

This research explains about marriage regulated in Baduy traditional law and marriage regulated in Islamic Law Compilation (KHI).

This research uses the Normative Sociological and Juridical Empirical research methods. This research is descriptive analytical and uses Primary Data Sources and Secondary Data Sources. Sources of data used were obtained from Library Research. Interviews of the Baduy community and field observations to the Baduy area were also carried out to obtain the data needed for this research.

The results of this study indicate that there are many differences between the existing marriage regulations in Baduy customary law and the marriage regulations …

Pendekatan Konsep Ta’Awun Dalam Siyar Terhadap Konflik Tumpang Tindih Kedaulatan Wilayah Udara Dan Flight Information Region: Alternatif Penyelesaian Kasus Tumpang Tindih Wilyah Udara Indonesia Dan Flight Information Region Singapura, Djarot Dimas Achmad Andaru

Journal of Islamic Law Studies

Islamic law as a law that applies universally, has governed relations between people and between state institutions that cross national borders. One of the principles of international law or Siyar in Islam is the principle of ta'awun, which is a principle of cooperation or help between countries to achieve common good. Conflicts of interest in overlapping air sovereignty territories and the Flight Information Region between Indonesia and Singapore are one example of the disharmony of the practice of modern international cooperation in the management of air and air navigation safety, which is based on an instrument of international cooperation. The …

Pemungutan Dan Pendistribusian Dana Zakat Di Provinsi Banten Menurut Undang-Undang Nomor 23 Tahun 2011 Tentang Pengelolaan Zakat, Palmawati Tahir

Journal of Islamic Law Studies

No abstract provided.

Analisis Praktik Akad Ijarah Muntahiyah Bi Al-Tamlik Dalam Lembaga Pembiayaan Syariah Di Indonesia, Nunung Rodliyah, Ledy Famulia, Ade Oktariatas K

Journal of Islamic Law Studies

Awareness of muslims as a people the majority of the population to behave in islamic is one reason the development of syariah banking in indonesia. Significantly, in defending its existence, islamic banking industry continued to innovation for shariah products, in accordance with society development one of the Islamic banking products is ijarah muntahiyah bi al-tamlik. The ijarah muntahiyah bi al-tamlik contract is one of the relatively new contracts, because it combines several types of contracts in a contract.

For some of these reasons, the authors are interested in discussing more about the legal aspects of the ijarah muntahiyah bi al-tamlik …

Jual Beli Berdasarkan Kitab Undang-Undang Hukum Perdata Dan Hukum Islam (Al Qur’An-Hadist) Secara Tidak Tunai, Mohamad Kharis Umardani

Journal of Islamic Law Studies

This study aims to analyze the sale and purchase regulation contained in the Indonesian Civil Code (KUHPerdata) and Islamic law from Al Quran and Hadith, also the solution of the problem of sale and purchase by credit either in Indonesian Civil Code (KUHPerdata) and Islamic law. These studies are descriptive analytical method using normative juridical approach to statute approach. Indonesian Civil Code regulates the Sale and Purchase on article 1457, a sale and purchase is an agreement, by which one party is bound to deliver a certain matter, for which the other party shall pay a stipulated price. Islamic law …

A Literary Analysis Of The Origin Of Human Embryonic Stem Cells, Its Advancements, Philosophical, Ethical, Sociocultural, And Political Aspects; An Investigation Of The Underlying Attributes That Affect One’S Views On Hesc Research To Resolve Turkey And Brazil’S Hesc Policy, Religious, And Cultural Conflicts, Haleema Shamsuddin

Honors Scholars Collaborative Projects

Human embryonic stem cells (hESCs) are cells derived from 5-day human embryos and are self-renewing cell lines that change into any type of cell in the body, a trait called pluripotency. hESCs have almost unlimited clinical and medical research potential. Despite the great therapeutic promise of hESC research, it comes with a controversial ethical debate due to its involvement with the destruction of the human embryo. The central argument revolves around the question of whether or not these human embryos should be ascribed equal moral status to fully developed humans. This thesis aims to analyze the origin and advancements of …

العقيدة الإلهية في الفكر العربي, نور الدين جفال, باهي التركي

Dirassat

Title : Divinity doctrine in the Arab Thought

Many religious, social and anthropological studies show that divinity in societies in general and in Arab societies in particular is enmeshed with human existence itself. That is, from Adam and on , divinity in societies underwent several changes. The prophets were the one charged to correct doctrines throughout human history .Nowadays, contemporary reality tells us that The Holy Prophet Muhammad is the seal of all prophets and that no other divine prophet will follow both in the Arab world or elsewhere.

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 …

Private Investment: Its Determents And Its Direc-Tors In The Islamic Economic System: A Comparative Study, Abduljabbar Al-Sabhany

UAEU Law Journal

By discovering the basic relationships among private investment and others macroeconomics Variables, this research try to formulate an Islamic economic theory which consists with the economic doctrine of Islam.

This Study analyzed theoretically the effects of Islamic rules and values in the economy. The prohibiting of Riba (Interest), Iqtinaz (Hoarding) and the control of Alsarff (Exchange) will make the monetary system more efficient. The imposing of Zakah and prohibiting speculation will increase the supply of inactive capital.On the other hand the impacts of Islamic distribution system and the norms of consumption controlled with Islamic values raises the effective demand …

Public Interests And Their Contemporary Applications On The Family

UAEU Law Journal

This manuscript consists of an introduction, two sections and a conclusion. The first section was devoted to the definition, conditions, and reality of public interests. The following conclusions were reached.

1- A public interest was defined as an issue that was not defined or identified in the legal sources, or one which was neither approved nor rejected by legal texts.

2- Adopting public interests must be controlled by a number of conditions:

a) The public interest should be reasonable by itself. It has nothing to do with the ritual acts.

b) It should not contradict any source of legislation.

c) …

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 …

Title: Secularism Between Theorem And Application

UAEU Law Journal

The great wisdom of God declares that Islam is the culmination of all religions and that his prophet and messenger Mohamed has been chosen for this religion. God saved the Quraan (which is suitable for all time and all generations) enduring forever from any changes by the characteristic of its fundamentals and basis of this religion.

The adversaries of Islam knew that the power of this religion stems from its sources which are Quraan and Sonah, and they have been trying to convert Muslims and change the Islamic laws to suit the Western laws. Their intention is to destroy the …

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.

Avoiding Taxes In Islamic Jurisprudence And Shariah, Sayid Hassan Abdallah

UAEU Law Journal

This research discusses the phenomenon of the financer’s refusal to pay taxes and trying to benefit from the loopholes in the writing of the laws and the intentions behind them. It investigates the reasons why the financer may perform such actions and the results of these actions, portraying the efforts exerted in this respect in the field of Jurisprudence and the judicial system in light of Article 107 of Law 187 for the year 1993 of the unified tax system of Egypt. The research also investigates this phenomenon from an Islamic perspective in light of the politics of finance and …

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 …

Human Rights In Religions A Comparative Study Between Islam, Hinduism, And Magian Religion, Hamdi A. Al Sharqawi

UAEU Law Journal

Human Rights are an essential part of the cultural patterns of Human Societies. The issue has a dialectical relationship with social behaviors and political practices that expresses itself in ideas and thoughts, which imposes itself on politicians and political thinkers especially in Western Civilization as we see it in Medieval and contemporary history of the West. Today it has become the issue that engages the arena of our Contemporary Politics and Thought. It is not suprising to see our thinkers and political leaders engaged in discussing it in all its dimensions.

Since Religion is an important constituent of human culture …

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 Roiling Of Binding The Rules Of Writing And Punctuating The Mushaf, Ahmad Shukria

UAEU Law Journal

This research explores the relationship between the spelling system of Arabic and the writing system of the Mushaf. Also it shows the usage of binding with the rules of the writing of the Mushaf.

The research explains the reasons behind the deviation in the writing of the numerous words in the Qur'an. These reasons are: the possible deviation in the original copies of Othmanic Mushaf , the differences in the copies which were copied from the original ones, the dispute among the narrators on what these copies contain and using analogy in the writing of some words in 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 …

Imama Al Moosly And His Efforts In Refutation And Substantiation Of Hadith, Abdelaziz Shaker Al-Kubaisi

UAEU Law Journal

Refutation and substantiation of Hadith is an Islamic discipline which aims at judging how sound the Hadith is Imam Al Moosly was a forerunner in this field. This paper deals with the life and contribution of this Islamic scholar whose personality was not investigated well cough by researchers. The paper also identifies the rules which he set for this vital discipline.

Islamic Jurisdiction Over Moslems In Non-Islamic Countries, Othman Jumaa Dhamiriya

UAEU Law Journal

The relationship between Muslims and Non Muslims increased in social, economic, and political spheres in the non-Islamic counties, especially after emigration of the Muslims there. Different issues appeared, some of which dealt with foreign relationship, and others with the limits of jurisdiction of Islamic state over the behavior of Muslims in Non-Islamic country. The Muslim jurists had discussed these matters before the positive law did under the title :( Dispute laws), and knew the proper rules that fit the matters.

The research concluded with the notion that the bases are the limitation of jurisdiction of Muslims state, and the submission …

Regulations Of Consumption In Islam, Omar Almarzoqi

UAEU Law Journal

This research deals with aspects of consumption in Islamic perspective, First we discussed the Islamic verses that interdict prodigality and overspending even within legal aspects if performed in excess. In addition, we went through Islamic verses that forbid consumption scrimping and under spending. We clarified that, the approach of Islam limits consumption to a middle-ground between parsimony and overspending. Allah Says "and the ones who, when they expend, are neither extravagant nor grudging; and between that is really an upright mean" (Al-Furqan; 67); as consumption in Islamic economy is broadly different from human economy.

Then, in the final part, we …

Dialogue Protocol In The Holy Quran, Mohamed Abdellatif Rajab

UAEU Law Journal

Whoever looks at the dialogues between Muslims and others in the last decades, will notice that the Muslim's side had suffered – until now – from the lack of protocol and theoretical procedures that control it and allow for organizing the experiences of the dialogue, develop it and come up with its lessons.

The holy Quran contains a complete perspective that is rich of various types of dialogues in different issues and between different sides. This is considered as enrichment, training fields and guidance for everyone who wants to open the dialogue door with anyone, in any issue and in …

Credit Cards

UAEU Law Journal

Credit cards are widely usedall over the world. Theyalmost have replaced currencies in transactions, payments, and in the fulfillmentall types of financialcommitments.

Credit card is an authorization from a bank to the holder of the card, which permits the holder pay for transactions, withdrawing cash and obtaining services.

Various types of credit cards are issued by banks (including Islamic banks) to their customers:

-Regular cards whichallow the holders to pay directly for transactions from his/ her account it is a payment method.

-Cards which do not require the holder to have credit or cash in the account. Interests are charged …

The Validity Of The Majlis Option In Islamic Jurisprudence, Ali Abdallah Abu Yehia, Ahmed Shehdeh Abu Sarhan

UAEU Law Journal

This research paper discusses the validity of the Council’s option or choice in Islamic legislation. This choice deals with the right of each party in a contract to dissolve the contract or carry it out as long as the parties involved are still in the meeting and have not physically disengaged or left the place of meeting.

This research paper includes an introduction, three chapters and a conclusion divided as follows. The introduction discusses the definition of this option lexically and conceptually. Next, the first chapter includes the differences among the scholars when it comes to this concept, the reasons …

Abuse Of Rights In Order To Harm Others Or To Get An Illegal Benefit In Sharia And Law, Ahmed Al-Suwai’I Shlibak

UAEU Law Journal

This research involves the topic of “ِAbuse in using rights with the intention of harming others or to realize illegalbenefits”. The research is divided into an introduction and four parts. The introduction contains the importance and goals of the research. The first part contains: the definition of abuse in Law and Shar’iah (Islamic Law) as well as the differences between them, and the absence of legalbenefit. The second part contains the rules that govern the intention behind harming others and its criterion. The aforementioned was agreed upon by Jurists and acts of Parliament (Positivelaw) which forbid harming others, its evidence, …