Search

This article examines the legal concept of joint public property within Islamic jurisprudence. The paper aims to elucidate the nature of this form of property and its relationship with other types of ownership. Additionally, the article seeks to underscore the significance of joint public property in promoting equity in the utilization of lawful resources, safeguarding the rights of individuals, and advancing the common welfare. Moreover, the paper scrutinizes the various categories of permissible items in Sharia law and the divergent views of jurists regarding them, supported by evidentiary sources. Finally, the article conducts a thorough analysis and comparison of these opinions to arrive at the most accurate interpretation of Sharia standards. [ABSTRACT FROM AUTHOR]

Makāteeb is plural of Kitāb, which literally means to write. Terminologically, the word Makāteeb is also used for letters and magazines. In this paper, the letters written by Shah Mazharullah Dehlawī, who died in 1966 AD, to his disciples, his style of training, the contents of the letters and especially the Aorād O Wazaif ordered in them will be covered. Their sources have been collected and determined and their Shariah status and legal position have been discussed by reviewing the reduction and numerical determination of words and words in order to help in understanding that what is the position and rank of the Aorād o Wazaif in Islam and what are their limits and restrictions. Are they obligatory like prayer, Fasting, Hajj and Zakāt or are they in the scope of Mustaḥab and Mustaḥsan? [ABSTRACT FROM AUTHOR]

The joint contract is that the contractors agree on combining multiple contracts into one, for example, al-baye (selling), ijarah (rent), hebah (gift), wakalah (agency) dain (debt) atc, it may be combined in one contract in a situation which cannot be separated. It is possible for transactions to be combined into one on the basis of immediate or conditional and sometimes it may be combined into one organized contract which has different parts and phases and these parts can't be separated. This paper will focus on whether it is permissible for all these different contracts to be into one or not. If it is permissible so which type is allowed and which type is not? What are the rules and regulations of a right and wrong combined transaction, respectively? Besides this, the paper will explore the opinions of classical jurists of Islam on the issue and their relevance to current financial matters. [ABSTRACT FROM AUTHOR]

Islamic education, from a holistic point of view, is more than just the direct transmission of the pure Islamic sciences. It encompasses other branches of specialisation and ideally accompanies Muslims, through reflections of the Islamic worldview, during their formal and informal formation. This paper reflects how, in the contemporary tertiary education in the Islamic world, commodified concepts stemming from a non-Islamic worldview are being proliferated, and what the expected results are for Muslim students. The paper expounds on differences in worldview and educational systems and the commodification of ideas. It gives examples from business school curricula, psychology and the impact of teaching in a foreign language, to summarise (un)intended consequences on the students’ educational developments. It also shows how the agency of the theory of Maqāṣid, the higher objectives of Islamic law, has immersed Islamic thought in reaction to the bias in the educational system. [ABSTRACT FROM AUTHOR]

Department of Fundamentals of Jurisprudence - College of Sharia and Fundamentals of Religion - King Khalid University All the praises and thanks be to Allah, the Lord of the Alamin, and peace and blessings be upon the Prophet, may God bless him and grant him peace, having said all that:This research is entitled " Fundamentalist issues in Ayyats that is said " And complete the Hajj and 'umrah for Allah" Its importance comes from relation to the source of evidence and legislation, the origin of the assets is the book of God Almighty, and related to the science governing the understanding of texts, which is the science of jurisprudenceK. This paper consists of four sections. The first section includes fundamental issues in Sharia laws, in which four issues were discussed, including the obligatory statement of a commandment, and the voluntary statement of a commandment whenever it contains a clue. The second section elaborated on the issues of fundamentals related to the evidence of legislative rules, in which two issues were discussed: the Sunnah being overwritten by the Quran and the Quranic verses visa-vis the legislative canons of people of old. The third section covers a number of fundamental issues pertaining connotations that include the following discussions: if the commandment of completion connotes commencement, and vice versa; a number of fundamental connotations in the Quranic verse of the general common; the common and the specific; the connotations of associations and entailments; the conjunction “and” in a Quranic verse. The fourth section addresses the contradiction of some denotations of expressions, such as the contradiction between the real and the metaphoric; the metaphoric and specific; and using a Quranic verse to balance between the connotations of two apparently contradictory hadiths. In this research, I tried to devise the fundamental issues related to this part of the Ayyah. based on the words of fundamentalists, jurists and interpreters, and the most important results: The study of fundamentalist issues through the legal texts and highlighting the applied side in them an investigation of the existence of rules in the texts, and a statement of how to take rulings from them, and directing the science of the origins of jurisprudence from the realm of endoscopy to the realm of realization. [ABSTRACT FROM AUTHOR]

This article is one of the significant matter in morphophonemic, which is based on meaning and concepts and its sole focus is on meaning and concepts of phonemic movements of Arabic language from among other meaning and concepts, such as Arabs, morphological structure. The importance of this article is to reveal the hidden aspects of the figurative meaning of Arabic phonetic movements to the majority of Arabic teachers and learners. Most of the time, the lack of correct understanding of Sharia texts is caused by lack of understanding of the implications and meanings of phonetic movements. Besides, in this research, one of the great aspects of the Arabic language and its symbolic secrets appear in small details with its examples in phonetic movements. In this paper, in order to achieve scientific goals and results, the researcher has adopted an inductive analytical method by following Arabic texts in authentic and reliable books, extracting its evidences and reasons, and analyzing it based on authentic reasons and proofs. As result, the researcher found that the issue of implication in Arabic phonetic movements are evident in reliable books and Arabic has many implications, phonetic movement has its own implication, words have their own implication, words and sentences have their own implication, and in all of these, words and meanings are combined and sentences and meanings are added. Consequently, by combing and adding these elements, the beauty and glory of the Arabic language becomes prevalent. An interpreter of the Holy Quran and a religious scholar can never reach an accurate understanding without a full understanding of the esoteric and implications of Arabic letters and phonetic movements. Additionally, the researcher has followed the advice of linguists, scholars and Arabic teachers and has tried to summarize this issue by paying attention to the specific issues that show the magnificence of the Arabic language in the age when enmity and jealousy towards this language has increased. [ABSTRACT FROM AUTHOR]

Crime Prevention comprises strategies and measures that seek to reduce the risk of crimes occurring, and their potentially harmful effects on individuals and society, including fear of crime, by intervening to influence their multiple causes. Well-planned crime prevention strategies not only prevent crime and victimization but also contribute to sustainable development. Muhammad (PBUH) as a Prophet of Allah and Statesman, established the first Islamic State in Madinah. Madinah was a dynamic and working society that evolved Shariah rule that ensure peace and prosperity with a special focus on strategies of crime prevention. This paper essentially provides an in-depth understanding of these strategies and their relevance to Muslim societies of the post-modern era. [ABSTRACT FROM AUTHOR]

Recently, the importance of waqf (endowment) has emerged with increasing global interest in sustainable development. The revival of cash waqf as one of the most important types of waqf, as well as the advent of new uses, have resulted in the formation of new Fiqh (juristic) difficulties. This is due to the flexibility and efficiency of cash waqf in mobilizing financial resources for Islamic countries’ economic and social development programs. This paper discusses the importance of the juristic issues arising from waqf sukuk (bonds). These issues are zakat, rahn (collateral), and the exchange of waqf sukuk. The paper concludes that zakat is not obligatory on permanent and temporary waqf sukuk, neither on the waqf founder (sukuk holder) nor on the beneficiaries. A distinction is made between debt and qard in regard to the obligation of zakat on the creditor in debt but not in qard. The exchange of sukuk sukuk is discussed in light of juristic disagreement in replacing the waqf asset, adopting permissibility within the Shariah guidelines and precautions. Finally, this paper adopts the impossibility of using waqf sukuk as collateral by the sukuk holder in order to safeguard the waqf asset. This study, on the other hand, waqf sukuk accepts the permissibility in analogy to the permissibility of mortgaging the debt for the benefit of a third party other than the debtor, by using the temporary waqf sukuk as collateral by the sukuk holder. [ABSTRACT FROM AUTHOR]

This research aims to shed light on a hidden aspect of the personality of Imam Ibn Al-Qattan, after becoming famous in the field of Hadith sciences. The aspect that I want to show in this paper is the aspect of Usul, as the research revealed Ibn al-Qattan's good knowledge of Usul al-Fiqh. The historians mentioned that he has many books in this science, perhaps the most important of which is the book: "Masayil Min 'Usul Alfiqh Lam Yadhkurha Al'usuliuwn Fi Kutubihim". This indicates that Ibn al-Qattan was not only concerned with what the scholars of Usul al-Fiqh said, but he was one of the renovators in this science. Among what we explained in this research: what is related to the total evidence considered by him in the construction of rulings, which are the Qur'an, the Sunnah, consensus, measurement, accompaniment, reclamation, and the principle of precaution... It was also clear that he did not see the authenticity of some evidence as Shariah from us, and blocking the pretext in opposition to text and more. This research has mentioned some of Ibn al-Qattan's choices in the Fundamentals of jurisprudence sub issues. [ABSTRACT FROM AUTHOR]

This paper investigated the controversial types of Hirabah for three reasons: to the best of the researcher's knowledge, it is a new topic that has not been investigated independently; the focus has been on the agreed types only. Secondly, this topic focuses on a vital issue in society; and finally it paves the way for future studies of Mohareb offences. The paper aimed to identify controversial types of Hirabah, its rules, and to examine the possibility of applying Hirabah elements (to them) as well as the perspective of Yemeni laws about Hirabah. For defining the types of Hirabah, the analytical descriptive method was followed, and for comparing and tracking various opinions and views, the comparative inductive method was used. The study concluded that Hirabah controversial types should be penalized as the rules of Hirabah apply to them. This fulfills the purposes of jurisprudence in protecting the society security and public interests, and preventing such crimes. It was recommended that Yemeni penal code be reviewed to conform with Islamic jurisprudence and general penal code; and collective Ejtehad and making use of the potential of Islamic criminal law regarding formation of appropriate legal opinions for the current crimes should be taken into consideration. It was also suggested that this topic should be open for further research studies. [ABSTRACT FROM AUTHOR]

This research article discusses the issue of Shahadatu el-Tawheed (Testimony of Faith, 'there is no deity/god but Allah')) as the basic tenet of Islamic Faith. Shahadatu el-Tawheed is the favorite word of all believers as well as their testimony of faith in Allah here and in the Hereafter. No one can be declared Muslim until he articulates the word of Tawheed. The working of the paper is summed up in the following: - Sufi Extremists' belief and their apparent violation of Islamic doctrine of faith as stated in the Holy Quran and Sunnah. Full-fledge discussion of the opinions of Ahlu Sunnah Wal Jamaa on such violations is also provided. - How some Sufi Extremist prefer calling Allah, The Almighty, by the single proper name, Allah, or the pronoun, He, in their invocations and Allah's remembrance instead of the full word of Tawheed (There is no god but Allah). - A detailed and resourceful study on the Sufi Extremists' Doctrine of Faith and Tawheed, how they use it in their holy recitations, and how far this is from the true Islamic doctrine of Faith. - Comparatively inductive method has been adopted as the research method. Various Sufi Extremists' sayings regarding Shahadat Tawheed have been extensively quoted and duly examined. The critical approach has also been used, when necessary, to critique some concepts related to the issue. - It has concluded that Extremists of Sufism have their own Faith Belief which is completely different from and contradictory to the true Faith and Belief of Godhood stated and explained in the Holy Quran and Sunnah. It has also been found that Sufi Extremists' Faith Belief has passed through several phases until it reaches to the belief in the Oneness of Universe. - Further exploration of Sufi Extremists' Faith Belief is recommended as to expound how, when and why they violate the true Faith Creed of Islamic Shariah. [ABSTRACT FROM AUTHOR]

In this study, the researcher followed the descriptive analytical and inductive approach. the study included an introduction and two papers. The introduction showed the significance of the research and that the subject of guarantee refines the legal thought through recognizing the wonderful jurisprudence industry presented by Islamic jurisprudence with its different doctrines of this thought, and its importance is not limited to this theoretical aspect only, but rather Practical importance as well, and the aim of the research is to identify the guarantee, its legitimacy, conditions and importance i in jurisprudence and Yemeni law, and to clarify the reasons for the guarantee and its provisions and what is achieved with it. The research defined the term "guarantee" both linguistically and terminologically, showing its legitimacy in the holy Qura'an and the Sunnah,and what is mentioned in the Yemeni law of the provisions of the guarantee,and the conditions of the guarantee and its divisions according to the Shafi’i and the Hanafi dictorines and the chosen division. and it has been shown that the commitment or the contract as a reason for the guarantee and clarification of the meaning of the contract and the contracts that result in the guarantee in in jurisprudence and Yemeni law, and that the harmful act, with the hand of the guarantee is a reason for the guarantee as well, and the clarification of what is the damage, its types and the consequent guarantee, and the judgment of damage by the matter of others and the consequences thereof, and the differentiation between the hand of trust and the hand of guarantee and their ruling, and the provisions of the rape, its effects and the provisions that ensue to insure the raped and and the provisions that the Yemeni law followed . the research has presented several results, the most important of which are: The guarantee in language may be called bail, and it has reasons and conditions which makes the guarantee invalid unless these conditions are fulfilled. Then the study concluded with several recommendations, the most important of which are: paying attention for studying the provisions of Islamic jurisprudence, a legal jurisprudence study and comparing them with laws, and clarifying what contradicts Islamic shariah thereof, and the call to amend it in accordance with our Islamic religion. Legislative and the judiciary must observe the provisions of Islamic shariah when enacting laws and ruling among people for the sake of achieving their benefit in their religion and their life. [ABSTRACT FROM AUTHOR]

The 20th Century (January 1st, 1901 to December 31st, 1999) was dominated by a chain of events that heralded significant changes in the World History so as to redefine the era. This paper makes an attempt and its religious and intellectual problems in thought, simple imitation, secularism and atheism becoming considerably more common, collision of intellectual rigidity with the Islamic thoughts, sectarism, splendour of orientalistic thoughts, intolerance and violent inclination, fundamentalism, disconnection in religious thought, social astray, predominance of mind, scantiness of interpretations of Islamic law and our ulama's restoring efforts in the 20th Century. [ABSTRACT FROM AUTHOR]

This paper aims to study the contribution of Abd Allah b. al-Mubārak in Islamic jurisprudence- a relatively less acknowledged field of his works. Ibn Mubarak had been known for his piety and knowledge of hadith studies. He had been recorded in the Sufi chronicles as one of the most virtuous scholars of Islam. Similarly, he was been counted in the highly category of hadith scholars and he earned the title of Amir al-Mu'minin fi al-Hadith. Malik b. Anas, Abū Hanīfa and Sufyān al-Thawrī were amongst the most important teachers of Abd Allāh b. al-Mubārak. Though Ibn al-Mubārak is well known for his contribution in the field of hadith but his contribution in Islamic Fiqh shows that he was also an expert of Islamic law. He possessed all the important qualities needed by a Mujtahid. The sources from which he derived Islamic law and his legal opinions are: the Holy Qur'an, hadith, consensus (ijma), analogical reasoning (qiyas), juristic discretion (istihsan) and the customs of the local population (urf). On the basis of his works in Islamic jurisprudence, the present study is an endeavor to establish his position as Mujtahid (on of highest category of fiqh scholars) through presenting his juridical opinions on various legal issues. [ABSTRACT FROM AUTHOR]

"Islamic law has its universal touch. It circles every detailed corner of life. Today's modern life spreads many unfolds of social spheres. As is the case with Intellectual Property Rights (Copy Rights, Patent Rights and Trade Mark). This current issue has different opinions in this modern world. Some of the authentic muslim scholars oppose it, while others favour. The discussable aspect is whether the owner can sale its rights or not? The well known international jurisprudence academies i.e kingdom of Saudi Arabia, Bharat and Kuwait argue the hurdels of its comprehensiveness, while the hardliners oppose it with their studying one side of the picture. This paper researches its positive view in this grim and complicated discussion and elaborates its justification.". [ABSTRACT FROM AUTHOR]

Praise be to Allah, Lord of the worlds, best blessing and perfect greeting to Prophet Muhammad, peace be upon him, his family and his companions altogether. As accomplishing the talent of passing verdicts in Islamic law (Ijtihad) is unattainable to any one, since it requires extraction and free time, Shari'a, out of its easiness, has commanded each adult according to his abilities. Thus, it obliges both the layman and the Jurist (Mujtahid) to know the general principles and the necessary basics of the religion, whereas it distinguishes Al Mujtahid with the duty of giving verdicts in the rules of practical issues that have been established via obligatory rules (less than Mutawattir) . Hence, is it permissible for ordinary people to emitate the jurists concerning the branches of the Jurisprudence? Furthermore, the Mujtahid, himself, might not be able to give Ijtihad and perhaps, for some reason, fails to achieve that; therefore, is it acceptable for him to imitate other jurists too? Moreover, what is the effect of these two cases in prayer's conditions like facing Al Kiblah and when it is time to prayer? These are what the paper in hand will answer. [ABSTRACT FROM AUTHOR]