International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS)
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Social And Political Rights of Persons With Disabilities In Islamic Law: الحقوق الاجتماعية والسياسية لذوي الإعاقة في المنظور الإسلامي
No full textThis research aims at identifying social and political rights of the disabled, especially, with the consideration of increasing number of disabled and ignorance of some people in the society about their rights and needs, which causes them to face negligence and hardship and leads them to isolation, which is rejected by Islam. The inductive method is used in this research to find the evidences in jurisprudential and social references on the concern of Islamic Sharīʿah about the issue, as well as the analytical approach, by analyzing the texts of Islamic rules through the extrapolation of their rights. Indeed, the disabled have been given some special rights, and other common public rights, as hardship has been lifted from them regarding some other rights. These are the areas to be addressed in this research. Therefore, this study revolves around their social rights, such as the right to social solidarity, right to freedom of movement, right to rehabilitation and qualification; as well as their political rights, such as the right of nationality and citizenship, judicial right, freedom of expression and the right to vote and to be members of the Shūrā Council. Likewise, it will state that the disabled are entitled to enjoy these rights like others, unless they are exempted from them by the law
Special Standards of Corporate Governance of Islamic Banks and their Application on Islamic Banks in Qatar: المعايير الخاصة بحوكمة المصارف الإسلامية: دراسة تطبيقية على المصارف الإسلامية القطرية
No full textThe aim of this study is to discuss the specific requirements for the corporate governance of Islamic banks by clarifying the concept of corporate governance and its legislative and historical framework. It also discusses the most prominent supervisory authorities in the world and Islamic world, which issue standards for corporate governance. Then it discusses the additional requirements of the corporate governance in regulatory and supervisory authorities in Qatar. It also focuses on analysis of the Qatar Islamic banks’ capacity to apply the standards of corporate governance. The researchers use the inductive method for collecting information related to the study, and descriptive and analytical methods to analyze the corporate governance reports of Islamic banks of Qatar and compare them with the additional requirements for the corporate governance of Islamic banks mentioned in the guidelines of Central Qatar Bank. It will also highlight the applications of these guidelines in Islamic banks of Qatar. The study concludes that Qatar Islamic banks are implementing the additional requirements for Islamic banking corporate governance
Environmental Development and Its Human Pathways in the Holy Quran: التنمية البيئية ومساراتها الإنسانية في القرآن الكريم
No full textThe Maqāsid vision is founded on the ratiocination (at-Taʿlīl), the interest (al-Maṣlaḥah) and the consequence of actions (al-Ma’ālāt); and the jurisprudence of urbanism with the explanation of its related legal rulings is a priority that is important in achieving urbanization and showing its impact and its role in developing the environment in the light of the purposes of Sharī‘ah, which depends on the human being with its creative abilities and capabilities, hence there comes the importance of this paper. For the research problem: The paper answers a set of questions, most notably: What is the meaning of jurisprudence of urbanism? What is its role in environmental development? What are the foundations of urbanism and what are its human pathways in the Noble Qur’an? How do the purposes of Shariah draw a legislative structure that serves both people and structures? And on the research methodology: the researcher has followed the inductive (partial) analytical descriptive approach. This research consists of an introduction, a preface, two subtopics, a conclusion, and a list of the most prominent sources and references, which as follows: the introduction: on the importance of the topic, the reason for its choice, literature reviews, the research problem, its methodology and the proposed plan. The first subtopic of the research is for the terminology’s definitions, and the second subtopic is about environmental development and its relationship with human beings, while the third one concerns the foundations of development in the light of the Holy Quran
Ways to Address Contemporary Economic Corruption in the Light of Islamic Law: سبل معالجة الفساد الاقتصادي المعاصر في ضوء الشريعة الإسلامية
No full textThis research aims to address the economic corruption that has spread in our Islamic societies. This is considered as an attempt to highlight the Islamic vision of the phenomenon of economic corruption, focusing on the most important reasons that led this phenomenon to spread dangerously, with an indication of the economic and social effects of economic corruption in the societies. This research also indicates ways to combat corruption through the United Nations’ program and the international community. The research also refers to the reform program for the economy that limits the spread of economic corruption in Islamic societies. The researcher follows the descriptive and analytical methods in writing this research. It ends with the approach of Islam in addressing economic corruption
The Circular Economy from an Islamic Perspective: الاقتصاد الدائري من منظور إسلامي
No full textThe circular economy is a new system that represents one side of sustainable development along with the environmental and social sides. This system is based on the principle of “from birth to birth” which aims at resisting the prevailing linear economic system that results in giant social and environmental consequences including consumption of resources which affects upcoming generations. The world with its institutions and companies endeavor towards the adoption and application of this type of economy. A system with such effect and size must be studied legally according to the norms of the Islamic economy which is marked by its characteristics and objectives. This is what the research intends to shed light on, despite the scarcity of studies in this field, with reference to some models and activities based on the concept of the circular economy. The research has combined the descriptive, inductive, and analytical methods. One of the most important findings of this research is the existence of great harmony between the Islamic economy with its objectives and the circular economy with its sustainable rules. An important recommendation of this research is the necessity of enabling the concept of sustainability in the educational curriculums and raising awareness of families’ home economy
The Effect and Applications of the Legal Maxim Custom is an Arbitrator in Iraqi Civil Law: An Analytical Study: أثر قاعدة العادة محكَّمة في القانون المدني العراقي وتطبيقاتها: دراسة تحليلية
No full textThe legal maxims are an integral part of Islamic jurisprudence. These maxims combine the various issues of jurisprudence, from different sections and diverse topics, so that the particulars (al-juz’iyyāt) are referred to the universals (al-kulliyyāt) and the branches (al-furūʿ) to the basic principles (al-uṣūl). Hence, the research seeks to clarify the impact of a major Islamic legal maxim which is “Custom is an arbitrator” in the Iraqi civil law, using the inductive, analytical and descriptive methods. The research has shown that since this maxim and other maxims branching from it have been mentioned and referred to in the law, these maxims therefore have profoundly affected Iraqi civil law. Then, the study reviews the most prominent articles of the Iraqi civil law which are applications of this major maxim and its subsidiary maxims, especially in the selling and buying, lease, sharecropping contract and work contract. The research concludes that the Islamic legal maxim “Custom is an arbitrator” and its subsidiary maxims influenced the Iraqi civil law and made it strong in its formulation and articles. This research recommends the codifiers and decision-makers of the Islamic world to return to the wellspring of Islamic legal maxims and use them in codifying laws in various spheres of life
Vocabulary of the Prophetic Tradition (Sunnah) between Revelation and Independent Reasoning (Ijtihād): مفردات السنة النبوية بين الوحي والاجتهاد وسبل الاتصال بين العلم التجريبي ودلالات الوحي
No full textThe human mind is a tool of human knowledge, or rather; it is the stronghold and the basis of accountability. However, it merely stands dumbfounded before the realm of the visible world, bewildered to be able to reach the hidden landmarks of the unseen, the knowledge of which belongs exclusively to the Lord the Exalted, unless He reveals it to someone He chooses to carry His message to His creation. He says: “He is the Knower of the Unseen, and He reveals unto none His secret, except a messenger whom He has chosen: and then He makes a band of watchers march before him and behind him” [The Jinn: 26, 27]. Accordingly, throughout the history, prophecy has acted as the guide and mentor, which is "necessary for the existence and survival of man". There is no way for reason to comprehend the issue of divinity, destiny and the principles of monotheism except through the revelation. Otherwise, it would miss the realm of truth and fall into the realm of wandering and loss. If revelation is the source of different sciences and directs energies towards detailing these sciences and proving them, then it doubtlessly needs to establish its truth in a number of its associated applications. The need for further studies, therefore, is more obvious with regard to the revelation vocabulary emanating from the Prophetic tradition. This is because the incidents of the Sunnah are so abundant, and the truth of their revelation and how they relate to legislation need to be proved. This is a difficult issue in the Usuli lessons today, which, with the presence of rational and other trends in the field of research and publication, needs a careful investigation. Hence, I’m going to take the initiative to write this research paper on the subject of revelation vocabulary of the Sunnah and be honored by its publication in this eminent journal. To study this topic, the researcher uses deductive, analytical and critical methods. This study has concluded several results, most notable among them is the determination that the proof (al-thubūt) is the reference (al-marjaʿ) in determining the extent of relating the material (al-maddah) to the Sunnah that contains act, saying or silent consent (taqrīr) of the Prophet (pbuh); and that the statement that “this is a Sunnah” means that the legislation on its basis is authentic, but it does not establish an obligation because proving a sunnah is a matter, and its indication [to a ruling], which is an obligation, is something else
Insurance Surplus and Its Applications in Al-Rajhi Takaful Company: الفائض التأمينيي وتطبيقاته في شركة الراجحي للتكافل
No full textThe study aims to clarify the rulings of insurance surplus that have caused several problems to arise around it, both at the theoretical and practical levels. Scholars have differed on whether it is permissible or not. To achieve the desired goal, the researchers shed light on what insurance surplus is, and the rulings related to it, such as the ruling on the entitlement of subscribers and their company to insurance surplus. Additionally, this study explains the ruling on the company’s dealings with this surplus and how to distribute and invest it. Hence the researchers have also studied the company's applications for insurance surplus. This study follows the inductive approach for the texts and opinions that deal with this subject, and the analytical approach for their analysis and discussion. Moreover, this research intends to study the model of Al-Rajhi Takaful Company’s applications in insurance surplus and its related rulings
The Impact of the Doctor's Purpose in Determining the Degree of Liability for the Result of his Action: أثر مقاصد الطبيب في تحديد درجات المسؤولية عن نتائج أفعاله
No full textThis study examines the relationship between the medical liability and the intents (maqāṣid) of Sharīʿah. It shows how the degree of liability varies according to the presence of the elements of the general intent. Liability increases when all elements of the intent are present and reduces upon the absence of some of them. It may also be removed altogether in the case of a special legal intent as in a medical surgery, allowed by the Lawgiver, taking into account the intent of preserving a life. The study also explains the conditions for the legitimacy of medical action. It concludes that the doctor is not liable for the results of his action as long as he is committed to the conditions of legality, and does his work properly, but he, however is held accountable for the result of his act, if he is negligent, or he pretended to be a doctor or committed a grave error, or if he has an illegal intent different from the patient’s treatment