Jurisprudence Commons^™

Debtors' Incarceration In Islamic Jurisprudence And Jordanian Law, Mohamed Khalaf Bani Salama, Khouloq Daif Allah Agha

UAEU Law Journal

This study deals with debtors' imprisonment from both the perspective of Islamic and Jordanian Law. It discusses the pro and anti scholars' view of incarcerating debtors, the legal nature of debt, debt types, and debts that result in incarceration in Jordanian Law. The research came to the conclusion that debt (no matter its nature) is a form of stimulus that moves life right along preventing stagnation. Debtors in Islamic Law are subjected to optional punitive measures while in Jordanian Law punishment of said debtors is a way of ensuring creditors' demands being met. Both the Islamic and Jordanian Laws allow …

The Meaning Of Al-Mukhalafah According To The Scholars Of Osul And Its Applications In The Jordanina Law, Mohammad Hamad Abdel Hameed

UAEU Law Journal

This work deals with Mafhum Al-Mukhalfah and its importance in the Jordanian Law, and the attitude of Muslim scholars towards it, some of these scholars see it as a document in Islamic Law and others reject it because it does not lead to the correct result.

This study has reached several results; the most important one, Mafhum Al-Mukhalafah, has been applied in the Jordanian Law and has given successful results.

Political Money: Legal And Comparative Study With The Jordanian Legal System, Mohammed Ali Al-Omari

UAEU Law Journal

Praise be to God and our merciful prayers on Mohammad, the messenger of Allah, Peace be upon him to the judgment day.

This research focuses on one kind of money called the “political money”, and this research explains the meaning of this term, and all terms related to it, and how it can be reflected in the community and religion. From the researcher’s view the political money stands for bribe, boodle, and hypocrisy. Firstly, the researcher illustrates the judgment of the dealing and circulating of this type of money. Secondly, he explains how the law perceives political money, and its …

Reconstruction Ways Of Endowment At The Dubai Endowment & Minors Affairs Foundation

UAEU Law Journal

This study aims at providing information on why a large number of endowments are either scattered and misused or invested in a non strategic manner. Furthermore, this study shows the work on the analysis of existing conditions and potential for change for the purpose of activating or improving performance, developing or investing endowment in the right way. This objective is seen to be the main goal of any current endowment foundation and is aimed at better outcomes of endowment resources in the society. This study will also give a jurisprudence point of view on the rule of reconstruction and development …

Reasoning The Legitimate Discourse And The Impact On Its Interpretation; A Judicial Doctrinal Study, Maher Haswa

UAEU Law Journal

This study deals with the assets of jurisprudence represented in the explanation and interpretation of the legitimate discourse (Alnuss). These are tools to analyze and understand the Qua’an and Suna discourse reaching out to accomplish its meaning.

This study builds and defines the concept of reasoning and the concept of cause after showing the conventions of jurisprudents to the concept of reason. The rationale of this study is Hikmat Almutakalmeen.

This study also shows the concept of Nuss, from its broad perspective, without any restraints; regardless of what it refers to. It also illustrates the difference between explanation and interpretation. …

The Impact Of Lease Financing In The Benefits Of Education In Islamic Jurisprudence., Walid Shawish

UAEU Law Journal

Higher education represents an essential need for society, enabling its comprehensive revival. Furthermore, money forms the foundation upon which people’s worldly lives are based, affirming the meaning of the Quranic verse: “Al Nisaa”:5. In fact, money only becomes worthwhile when it contributes to providing an education to its seekers, especially higher education as it the means of elevating the nation and lead it from darkness to enlightenment.

To achieve the noble goals of financing education and benefit all involved parties - the university, financial institute and the student - appropriate investment modes should exist. The researcher shows that the ijarah …

Beating The Accused In Islamic Jurisprudence (Comparative Study), Mai’N Abu Baker Al Saud, Maher Haswa

UAEU Law Journal

This research is an attempt to examine the legality of beating the accused - who is indicated by the evidence of the charge, or known of committing such types of these crimes , - in order to reach the truth , only in case of the misleading information or the judge could not know the truth without this procedure. This research has dealt with the subject of study in three sections , with the first devoted to talk about the definition of the term charge and the charge and the kinds and types of defendants in an attempt to limit …

Contracting With Self Under The Agency's Investment Product: A Comparative And Applied Study Based On The Kuwaiti Law, Ali Ibrahim Al-Rashed

UAEU Law Journal

The investment product, with the right to contract with one’s self, is considered one of many products that spread amongst the Islamic financial institutions. In the past, this subject was a matter of controversy between scholars. Nevertheless contemporary jurists do not contest the legality of the product. The study addresses this issue with in-depth research and details in terms of legitimacy and with what was observed by the Kuwaiti Law. The study consists of the following sections:

Section I: the rule of contracting with self from the sharia perspective.

Section II: the rule of contracting with self from the legal …

Compensation For Material Damage Resulting From Assault On Life In Islamic Jurisprudence (Fiqh) And The Applicable Emirati Law, Mahmoud Majid Al-Kubaissi

UAEU Law Journal

Original damage, namely the damage pertaining to location of damage (injury), such in terms of assault with a weapon leading to death, or amputation of one of his bodily parts (limbs), or wounding him/her, or incapacitates one of his bodily organs (limbs), or causes its disfiguration.

The material subsidiary damage: the damage consequent upon the original damage, such as: sustaining damage from a serious wound, which incapacitates him/her from work throughout the period of treatment.

When the blood money prescribed by the Legislator is not mandatory, and punishment is not necessitated (Qissas in Arabic Language) it may be observed …

The Substantial Age Difference Between The Betrothed:, Dr. Hamza Abdelkarim Hammad

UAEU Law Journal

This Study aims to analyze the matter of the substantial age difference between the nuptials, in an attempt to accomplish two basic goals; namely: elaborate the position of Islamic Fiqh (jurisprudence) on this issue, and analyze the position of the Emirati and Jordanian personal status Laws toward this matter. The present Study adopted the descriptive analytical method including comparison and criticism, and it found that the jurists held two distinct positions; the first deems it necessary to have age compatibility, where one group among them considers it laudable and the other considers it as a condition; and the second one …

Exchange Of Monetary Debts: A Comparative Jurisprudential Study, Ayman Mustafa Al-Dabbagh

UAEU Law Journal

This research aims to answer many questions: what is meant by Exchange of Monetary Debts? What are the Islam jurists’ views in the matter? What are the foundations of these views? What is the right opinion in it from our view according to Islam jurisprudence basis? The research followed inductive, comparative, and analytic approach represented in gathering Islam jurists’ views in the matter and their foundations with analysis, discussion and criticism. The search was divided into four sections; dealing with the aspects of the matter. The research concluded that: It is permissible to exchange monetary debts. It is necessary, in …

Settlement Of Non-Muslim Minorities' Disputes In The Islamic State, Mansour Al-Haidari

UAEU Law Journal

This paper is introduced with a brief introduction on how different legal systems in the past dealt with religious minorities' disputes. Moreover, it shows how different US states were proposing bills and acts to eliminate any religious-based laws or applications. The paper presents how different Islamic schools deal with religious minorities' disputes in the Islamic State. It shows Islamic legal system's tolerance toward minorities in different aspects such as giving their religious leaders a role in solving their disputes according to their religion, and allowing them more freedom in their personal law issues such as marriage, divorce, wills and estates, …

Prospective Jurisprudence The Concept, The Advantages, & Its Legal Instruments, Najmaldeen Al-Zanki

UAEU Law Journal

This study sheds light on "Fiqh Istishraf- Prospective Jurisprudence" in terms of its concept, advantages and foundational tools. It follows a deductive and analytical method to establish its definition, describe its legal outcomes and determine its tools. The study concludes with some important findings. It shows that the term "Fiqh Istishraf'" aims at the grasping of predictable benefits and the preventing of expectable evils. The proper space for it to apply is the scope of public law which dwells on future issues from a general nature. The main advantages of this method could be seen in: providing legal responses for …

Legitimacy And Impacts Of Specifications And Standards In Preserving Purposes Of Sharia, Ahmed Yassin Al-Qarala, Rahil Mohammed Gharaibeh

UAEU Law Journal

This study aims to release the concept of specifications and standards, portrays sources of its legitimacy from the Koran and the Sunnah, and reviews the importance as well as the reasons for Muslim jurists’ interest and manifestations of this interest. The study concluded that the utilization of specifications and standards is authorized and that one of the duties of the State must be to nurture and grant attention to this concept given the interests protected by these specifications and standards and their impact on the development of production and the progress of societies.

Key words: specifications and standards, legal standards, …

The Perspective Of The Saudi Judiciary On Child Custody, Mufleh Al-Qahtani

UAEU Law Journal

Despite the early attention paid by the Islamic Fiqh (Islamic jurisprudence) to the issue of child custody, but still there is difference among fiqh scholars in regards to its rules, requiring the judiciary to look for the appropriate solutions to deal with new and arising cases in this regards.

As the provisions of the Islamic Sharia is the common law in the country, Saudi judiciary applies the Islamic jurisprudence (the hanbli fiqh in particular) on disputes over child custody in the absence of family law.

This paper aims to know more about the positions of the Saudi judiciary with regard …

The Disdain Of Heavenly Religions Between The Islamic Law And The United Arab Emirates Law, Layla Salem

UAEU Law Journal

The principle of criminalizing the contempt of religions takes a high position among the general principles that prevail in the legal system of any state to guarantee that all individuals in the society can live in harmony and agreement regardless of the differences that may stem from culture, religion or race. In agreement with this trend, the UAE legislator issued Law No. (2) in 2015 for preventing discrimination and hatred which requires the criminalization of acts associated with the contempt of religions and their holy sites and the fight against all forms of discrimination and rejection of hatred speech in …

Human Development Indicators From An Islamic Perspective, Prof. Kamal Tawfiq Hattab

UAEU Law Journal

This study aims to identify and evaluate the international human development indicators, from an Islamic economic perspective, which has been derived from the practices made by the Prophet, peace be upon him, in the field of human development, as well as to examine what is acceptable and what is unacceptable of the international indicators. In order to reach this goal, the research begins with the approach taken by the Prophet, peace be upon him, in the building and formation of the first generation of human resources, and then compare it all with the latest indicators for human development in the …

Determination Of Descent And Inheritance By The Heir Through Genetics In Islamic Jurisprudence With Reference To The Uae Personal Status Law, Aref Hassouneh

UAEU Law Journal

A man may marry a woman by a verbal contract and then abandon his wife and child back to his country to remarry and create a new family; forget his first family. A man may marry a second wife secretly from his first wife and children, so that no problems will arise, and the man may have a son of adultery recognized in the disease of death in front of his legal children, and then die. In such cases, the heir may appear unknown, then some of the heirs recognize him and others deny him. What is the ruling in …

Authenticity Of The Jurisprudential Rule: A Comparative Study, Ayman Abdel Hamid Al-Badarin

UAEU Law Journal

This research is about the accompany of intention principles in Islamic Sharia according to jurisprudence and basis. This will be through the source of prophetic rule that actions are ruled by what we meant to accomplish through them. Therefore, I have explained the meaning of the principle, its evidences, its importance. Its parts or sections, and the estimated act in the saying ~ actions depend on intentions ~. Also, why intention is importantly considered, its location, and ruling on pronunciation principle. I have discussed the intention as a basis and as a condition, its time. The condition of the principle …

The Legality Of A Comprehensive Maintenance Contract Between Al-Gharar (Risk/Uncertainty) And Jurisprudential Need: An Analytical Purposive Study., Maher Haswa

UAEU Law Journal

The comprehensive maintenance contract is a type of contemporized contracts to which the general rules of contracts apply. Under the contract, one party has the obligation, periodically and in emergency cases, to perform the necessary acts to keep a certain property in a good condition for its use. The contract also states the agreed wages, tools and raw materials.

Many scholars have been reluctant to rule for the legality of the comprehensive maintenance contract because it involves uncertainty. This led the Islamic Fiqh Academy to postpone its ruling on the contract for more studies. Therefore, this research analyses the effect …