Law Commons^™

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 …

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 …

Appellate Review Of Courts-Martial In The United States, Scott W. Stucky

Catholic University Law Review

No abstract provided.

Why, Or Why Not, Be An Originalist?, Dean Reuter, Thomas Hardiman, Amy Coney Barrett, Michael C. Dorf, Saikrishna B. Prakash, Richard H. Pildes

Catholic University Law Review

On November 15, 2019, the Federalist Society hosted the second showcase panel of the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The topic of the panel was “Why, or Why Not, Be an Originalist?” There are a variety of arguments for following originalism today, such as justifications rooted in language, positivism, sovereignty, and consequences. This panel would look at many normative positions for and against originalism.

The Path Less Traveled: A Natural Law Critique Of Justice Holmes’ Path Of The Law, Alexander Hamilton

Catholic University Law Review

American law and jurisprudence fail to solve fundamental problems in our country. Every lawyer and judge practices, knowingly or unknowingly, from a particular philosophy of law. Much of the practice of law in the United States is rooted in the thought of Justice Oliver Wendell Holmes, Jr. Holmes taught that law was not grounded in morality and logic, but rather the pragmatic rulings of judges. Our law schools and courts today follow Holmes in defining law as merely what a judge says it is. This Comment argues that Justice Holmes’ definition of law was fundamentally flawed and his jurisprudence should …

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.

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 …

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 …

Negative Crimes In Islamic Jurisprudence: Their Concepts And Provisions, Abdel-Majid Al Salahin

UAEU Law Journal

The penalty system which has been established Shari'ah (Islamic Law), is based on careful balance among various interests: the interests of individuals, interests of society and, interests of State. Sharia'h was the first legalsystem to identify, to criminalize and, to lay down criteria regarding negative crimes.

It considers that an abstention from performing an act is a crime if an abstention results in negative harmful consequences for individuals or society. Italso has recognized the concept of public liability whereby an individualcan be held responsible for acts committed by a third party.

This study examines the conditions, constituents, provisions of negative …

Pepperdine University School Of Law Legal Summaries, Jessica Linton

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Program: Senior Projects (Public)

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

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, …

Arbitration In Discord Between The Spouses And Mechanisms Developed In Eliminating The Legitimate Jordanian, Abdullah Mohammed Rababaa, Mohamed Mahmoud Tlafha, Osama Ali Rababaa

UAEU Law Journal

This research covers the subject of Arbitrating between the Couples when conflict occurs between them. This paper shows the meaning of Arbitrating, conflict and any other terms related to them. Arbitrating aims at bringing peace and resolve conflicts between the Couples which serves the objectives of shari'a. The paperalso shows its importance and the conditions and character is tics of Arbitrators.

The paper discussing the phases of this process, beginning by the agreement on arbitrating as a method to solve the conflict, and the stay of the a garment between the opponents and the arbitrator and assigning recognizable as a …

Legislation Regarding Exempting Al-Zakah Payers From Due Taxes (Deducting Al-Zakah From Due Taxes(, Mohammed Naim Yassin

UAEU Law Journal

This paper deals with the subject matter of whether the Muslim who pays Al-Zakah has the right to be exempted from the burdens of due tax. The objective of this research is to deduce the answer of this question from the related principles of Islamic legal policy.

The conclusion of this assessment -according to the researcher- is to distinguish between two cases in dealing with this issue:

First case: When taxes are levied or legislated, Al-Zakah is an essential part of that whereby the country’s needs are met by both Zakah and taxes. In this case, both are to be …

The Nesab (The Minimum Amount Of Property For Which The Legal Punishment Of Stealing Is Applied) In Islamic Law: A Comparative Fiqh (Jurisprudence) Study

UAEU Law Journal

The NESAB (the minimum amount of property for which the

legal punishment of stealing is applied) in Islamic Law:

A Comparative Fiqh (Jurisprudence) Study

By

Dr. Hasan Ahmed Al Khattaaf*

Assistant Professor - College of Law - University of Damascus

Abstract

The purpose of this comparative study is to determine the minimum amount of stolen property (NESAB) upon which Islamic Shari'a may be applied in the form of cutting a thief's hand. This study is important because there is a controversy in determining the NESAB, which is the most important condition upon which legal punishment for stealing in Islamic …

Intellect And Its Relationship To Sacred, Islamic Texts, Mohammed Naim Yassin

UAEU Law Journal

This research study tries to determine the relationship between reason and religious texts from an Islamic perspective via the texts themselves. In this quest, the researcher first studies the concept of reason according to Muslim scholars; next, he sheds light on the reason for creating human intellect. Finally, the study points out that establishing a noble, virtuous, and righteous relationship between human intellect and Islamic texts can only be achieved by an objective mind before one's self or libido distorts it.

Profit In Sharing Partnership: Conditions, And Distribution In Islamic Legislation, Ali Abdallah Abu Yehia, Ahmed Shehdeh Abu Sarhan

UAEU Law Journal

This research tackles the issue of profit in sharing companies in terms of its conditions and distribution.

The research paper consists of an introduction, two chapters and a conclusion.

In the introduction I discuss the definition of both the profit and the sharing company

The first chapter focuses the conditions of profit in the sharing company.

The second chapter discusses the distribution of the profit in both the valid sharing company and the invalid sharing companies. It includes the points of view of the scholars, the reasons underlying their differences, their arguments and discussions,. I have included in the conclusion …

Asset Valuation Or Assessment In Islamic Jurisprudence

UAEU Law Journal

This is a scientific research paper that deals with the fair valuation of assets according to Islamic jurisprudence provisions. Its introduction deals with how assessment is defined in terms of the Arabic language, doctrinal terminology, and contemporary accounting thought. The research paper is divided into two sections: the first section discusses the fair assessment aspects in accounting practices which are the historical cost, modified historical cost, the current cost and historical cost or substitution value, and the book value. The second section of the research deals with the foundations of assessment in Islamic jurisprudence, by showing how Islamic jurisprudence defines …

Role Of “Al Waqaf” Or Entailment In Sustainable Development, Abduljabbar Al-Sabhany

UAEU Law Journal

Sustainable development is the main economic goal of any Islamic society. This research aims to clarify the role of “Al Waqf” or entailment in ensuring the economic development of Islamic society and its social welfare. First, the research defines sustainable development from an Islamic view. Second, this research paper discusses the different types of Islamic entailment: philanthropic, progeny and public entailment and their role in developing the Islamic society. Thirdly, the paper discusses the investment nature of entailment. In the final section, the potential impact of entailment on social and economical life aspects is theoretically proven and the relationship between …

The Interaction Between The Principles Of Syntax And Jurisprudence

UAEU Law Journal

Syntax has affected the science of Islamic law (Sharia) including jurisprudence (Fiqh) and its methodologies; it also has been influenced by some of the jurist's (Fuqaha) terminologies and their ideologies (Madh'hib). This research addresses the productive interaction between syntax and its principles on the one hand and jurisprudence and its methodologies on the other in four sections: the impact of syntax on jurisprudence, the impact of syntax on jurisprudence methodologies, the impact of jurisprudence on syntax and the impact of jurisprudence methodologies on syntax's principles.

The study ends with several results; the most important are the following:

- That the …

The Dilemma Of The Clash Between The Interest (Al-Maslahah) And The Text And The Criteria Used To Balance Between Both, Ayman Saleh

UAEU Law Journal

This study aims at drawing borderlines of the textual extent that is open for the human mind to interpret the holy text depending on the legally considered interest (Al-Maslahah Al-Mu`tabarah). It also aims at showing the types of such interpretations. The study consists of an introduction, two chapters and a conclusion.

The introduction discusses how people differ in the criteria they use to consider the interest, why that happens, what the Muslims stand is on the mental interpretation of the holy text, and finally draws the general zone within which the mind is allowed to interfere in the …