Jurisprudence Commons^™

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 …

Recent Developments, Clinton T. Summers

Arkansas Law Review

The United States Supreme Court upheld an Arkansas law regulating how pharmacies are reimbursed by pharmacy benefit managers. In Rutledge v. Pharmaceutical Care Management Ass’n, a unanimous Court decided that Arkansas Act 900, passed in 2015, was not pre-empted by the federal Employee Retirement Income Security Act of 1974 (“ERISA”).

Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward

Arkansas Law Review

One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war, …

Greenbacks, Consent, And Unwritten Amendments, John M. Bickers

Arkansas Law Review

"I remember a German farmer expressing as much in a few words as the whole subject requires: “money is money, and paper is paper.”—All the invention of man cannot make them otherwise. The alchymist may cease his labours, and the hunter after the philosopher’s stone go to rest, if paper cannot be metamorphosed into gold and silver, or made to answer the same purpose in all cases."

Every day Americans spend paper money, using it as legal tender. Yet the Constitution makes no mention of this phenomenon. Indeed, it clearly prevents the states from having the authority to make paper …

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 …

Measuring Semantic Relatedness: A Proposal For A New Textual Tool, Katherine A. Cohen

Vanderbilt Law Review

Judicial decisions, statutes, constitutions, sentencing guidelines, and ERISA-related documents have at least one thing in common: at a molecular level, the laws are all composed of words. The scientific study of linguistics, particularly the field of semantics, analyzes what words mean and how they are connected with each other. And yet, thus far, the legal field has taken little notice of academic and technological breakthroughs in the field of linguistic semantics. This Note seeks to highlight the potential utility of linguistic semantic tools in interpreting legal texts. Specifically, applying algorithms to a free online lexical database allows anyone with a …

Expanding Therapeutic Jurisprudence Across The Federal Judiciary, Benjamin Barsky, Heather Ellis Cucolo, Dominic Sisti

Articles & Chapters

A patchwork of drug courts and other problem-solving courts currently exists to divert individuals with mental illness and substance use disorders away from the criminal justice system. We call for a broader implementation of problem-solving courts, particularly at the federal level, that would operate according to the principles of therapeutic jurisprudence (i.e., a framework that aims to maximize the health benefits of judicial and legislative policies and practices). Expanding federal problem-solving courts will better serve individuals with mental illness and substance use disorders in the federal criminal justice system and allow them to benefit from rehabilitation and diversion programs. This …

Continuous Burdens Of Proof, Emily Spottswood

Nevada Law Journal

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. …

What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Morality Of Fiduciary Law, Paul B. Miller

William & Mary Law Review

Recent work of fiduciary theory has provided conceptual synthesis requisite to understanding core fiduciary principles and the structure of fiduciary liability. However, normative questions have received only sporadic attention. What values animate fiduciary law? How does, or should, fiduciary law prove responsive to them?

While in other areas of private law theory—notably, tort theory— pioneering scholars went directly at normative questions like these, fiduciary theory has been exceptional in the reticence shown toward them. The reticence is sensible. Fiduciary principles are the product of equity’s most extended and convoluted program of supplementing surrounding law. They span several distinct forms of …