Journal of Law

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Volume : 36 Issue : 126 2021

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Author :Dr. Rashid Hamdan Ruwaished Al-Azmi
Discipline :Hadith

Those who were described by Imam Ahmad in his hadith as deniers(manakeer) and the like, and Imam Al-Bukhari narrated from them in his Sahih

The aim of the research is to identify who Imam Ahmad described in his hadiths as the deniers and the like, and Imam Al-Bukhari narrated for them in his Sahih. To achieve the goals of the research, both the inductive and analytical methods were used because they are convenient to the nature of the research. The research included an analytical discussion for twenty-two narrators. The research reached a set of results, including: Al-Bukhari’s approach is a method of selection among the narrators, whether by selecting their narrations or selecting those who narrated from them. Imam Al-Bukhari was inventive in narrating from specific narrators excluding the deniers, where he narrated them either selectively or in sequence with other narrators.

Key Terms: Imam Ahmad, Imam Al-Bukhari, Deniers(Manakeer)

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Author :Dr/ Sultan Ibrahim Al Hashimi
Discipline :Fiqh

The Criteria for the Difference Between Male and Female Shares of Inheritance in Islamic Sharia

This article is an attempt to deduce the criteria of preference for one gender over the other in inheritance in Islamic Sharia law through assessing the different cases of male and female shares of inheritance. Results showed that there are four criteria for giving preference to the inheritance of one gender over the other. These are the criterion of need, the criterion of consanguinity, the criterion of the age of the inheritor, and the criterion of alimony.
The inheritance system in Islamic Sharia is based on foundations and rules that seek to achieve absolute equity between the genders through precise criteria, most of which are in favor of women, not against them. There is no evidence from the Qur’an or the Sunnah that the Islamic inheritance system favored men over women or gave men a greater share based on gender considerations.
There is no favoritism of males over females. Rather, the preference is for the male’s need in the duties of alimony over the female’s need who is not obligated to pay alimony. The preference is also given to the close kinship over the distant ones, and to the younger generations who are expected to live a longer life over the elderly who are not expected to live as long.
The article also handled the issue of the female inheritance and indicated that the current demand for equality of females with males in inheritance is unfair to her; because in many cases the female takes a bigger share that that of the male, and equality in this respect means part of her share is deducted and given to the male. The research adopted the inductive analytical approach, and the originality of the study is shown in the researcher’s background in the jurisprudence of inheritance and transactions.

Keywords: criteria, inheritance, equality, equity, alimony, women’s inheritance.

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Author :Prof. Dr. Mishari Abdulaziz Almusa
Discipline :Qura'n

Wordplay in Arberry’s and Pickthall’s Translations of the Holy Quran

The study aims at examining the two translations of the Holy Quran translations by native English language translators to study their strategy in translating what is known in English rhetoric as “wordplay”. I have gone through verses in Arberry’s and Pickthall’s translationsthat include wordplay and analyzed them. The study has been divided into five sections: definition of wordplay, translation of wordplay from a language to another, translation of the Holy Quran, wordplay in translating the Holy Quran, and conclusion.

Keywords: wordplay, Quran translation

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Author :Dr. Mahmoud Abdulrahman Dado
Discipline :Faith

"John Calvin’s Theory of Previous Choice - a comparative analytical study from an

The issue of fate and human freedom has occupied the minds of people since ancient times, and formed an important axis of philosophical reasoning, so the answers of scholars and philosophers varied on the issues related to them, and the answers of all these answers were between one who said: [Algebra, absolute freedom by denying fate, and human choice with the ability to pre-actHis comparison, earning.
This issue has been raised in the Christian ecclesiastical echoes, and most of the Christian theological answers about it have been determined about (human choice with all will), which means denying divine destiny, and in the sixteenth century a Protestant reformer (John Calvin) presented a new vision for Christians in an issueDestiny called a theory (previous choice), agreed by those who say that proving algebraic destiny, using mental and transmission evidence from the Bible, nullifying that human role and its importance in the process of salvation in which all theological teachings revolve, influenced by all of that by the philosophy of Saint (Augustine).
The researcher tried to clarify the theory of (previous choice), explaining its content, indicating its evidence as a discussion of it and comparing it to the Islamic vision.

Keywords: Calven - choice – previous – issue.

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Author :Dr. Abdullatif Haji Al-Awadi
Discipline :Fiqh

Appointment on the Endowment “Waqf” and its impact on Islamic Jurisprudence and Kuwaiti Law

The person responsible for the endowment/waqf is the person who engages in legal actions on behalf of the endowment in order to preserve, exploit, and develop the endowment in a manner consistent with the legal and Sharia provisions.
The appointment of the endowment system is one of the systems approved by Islamic jurisprudence to preserve the unity of society, and it has been recognized by Kuwaiti law.
The appointment of the endowment is either a conditional appointment of the endowing person by the name or description to be appointed to the endowment, and the conditional appointment is directed by the competent authorities represented in the endowment/waqf directorate or Sharia courts, or the unconditional appointment, and attached to this appointment is the endowments of non-Muslim sects, and the task of directing the unconditional appointment falls under the jurisdiction of the competent authorities represented in the judiciary and the endowment/waqf directorate.
The person in charge of the endowment has obligations determined by Islamic jurisprudence and recognized by law, mainly represented in investing the endowment, managing the endowment, preserving and developing it. There are also rights such as the remuneration for the appointment duties, and right to delegate others.

Key words: endowment, entrusted, judge, tenancy, investment, impact.

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Author :Researcher/ Kholoud Bader Ghassab Al-Zamanan, Prof. Dr. Kathafi Ezzat Al-Ghanim
Discipline :Fiqh

Jurisprudential controls derived from “Sharh al-Zarkashi ala Mukhtasar al-Khiraqi” in the introduction to the book of marriage

Sharh al-Zarkashi ala Mukhtasar al-Khiraqi is one of the main books in the Hanbali school of thought, and it has drawn the attention of great scholars, and many scientific researches have been conducted on it, but the studies that dealt with the inventory of jurisprudential controls mentioned therein are few, and not sufficient, as the full coverage of the explanation sections has not been achieved .
The importance of the research lies in the fact that, according to my humble research, there is no one who addresses the jurisprudential controls mentioned in the book of marriage, and this prompted me to write this research, and I hope that it contributes to serving the explanation and learners of Islamic sharia, even in a simple way.
The aim is to gather the controls mentioned in the introduction to the book of marriage, and review similar opinions of it among jurists of the school of thought, then explain the applied effect of these controls in the Kuwaiti personal status law.
The approach is to read the workbook and analyze the controls mentioned therein to reached a real control conclusion with its legal application, and the research was started by defining the controls and jurisprudence rules, then explaining the scientific position of the author of workbook, then I reviewed the jurisprudential controls that I collected with clarification of their meaning, and mentioned what was mentioned in The explanation “Sharh” of the controls evidence, indications thereof, the branches that fall under the control, and a statement of legal application thereof.
I concluded that Al-Zarkashi relied in his controls on authentic in the school of thought, and that the Kuwaiti Personal Status Law followed the Hanbali jurists, in addition to its organizational interpretative judgment jurisprudence.

Key words: jurisprudential controls, jurisprudential rules, Kuwaiti personal status law, marriage.

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Author :Dr.Tayseer Kamel Ibrahim
Discipline :Usul Fiqh

Indication of the quote “not from us” and what is embedded in its meaning on the jurisprudential judgment

This research studied a number of verses of the Holy Qur’an and Hadiths of the Prophet, peace be upon him, that included the quote “not from us” and what is embedded in its meaning such as “not from me” “not from my nation” with the aim of arriving at the indication of this quote on the judgmental terms.
The research found that the quote If it comes as a result of doing something, then it is the sense of forbidding of doing that thing. Essentially, it indicates forbiddness unless there is a clue that turns the decision about it to be undesirable. And, if this quote comes as a result of avoiding that action, it indicates the leaving of that thing and not doing it. Basically, it indicates the obligation to do it unless there is a clue that turns the judgment into desirable.
To achieve the goals of the research, the researcher used the analytical method by tracing the texts that included the “not from us” formula and analyzing it, and tracking the scholars’ sayings of the judgments regarding this quote and analyzing them to reach a methodology indicating the judgments.

Key words: commissioned judgment, order, prohibition, imposition, forbidden, desirable, hated.


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Author :Dr. Mariam Ahmed Ali Al-Kandari
Discipline :Fiqh

Islamic Jurisprudence Provisions Concerning COVID-19 Vaccine in Light of Sharia Purposes

This research addresses clarification of the importance of taking Novel Coronavirus 19 (COVID-19) Vaccine and its role in the fortification and immunization of the community through body injection with materials that work as immunogens to produce antibodies to eliminate the virus, so that the disease will not be present, or to make Immune System able to resist the serve symptoms associated with the virus along with clarification of Sharia provisions related to taking the vaccine in terms of origin, financial transactions, Sharia Policy and Acts of Worship ”Ibadat”.
To clarify this, the researcher used the inductive, analytical and deductive methods. The research concluded that Coronavirus (COVID-19) epidemic is a terrible disease and it’s necessary to confront it with all available means as an observance of the Islamic Sharia Purposes. Therefore, it’s permissible to take the vaccine even its components are unknown or including a forbidden material since the necessities must be assessed proportionately. Who’s vested with authority “Wali al-Amr” may obligate people to take the vaccine. Moreover, the vaccine may be sold without monopoly, it will have no effect if taken in daytime of Ramadan, accountable person “Mukallaf” will not be deemed sinner if prevented from performance of Hajj for not taking the vaccine.

Keywords: Vaccine - Novel Coronavirus 19 (COVID-19) - Epidemic.

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Author :"Dr. Fatima Saeed Alrashidi (Main Researcher)
Discipline :Fiqh

Islamic Jurisprudence Provisions Concerning COVID-19 Vaccine in Light of Sharia Purposes

Vaccination with Coronavirus vaccines is the most effective medical intervention against the current global Coronavirus pandemic.
This research discusses the ruling of the components of the medical vaccines for Novel Coronavirus (COVID-19) in terms of permitted and prohibited, the extent of their importance, and related Islamic jurisprudential rulings in light of Islamic law (sharia) purposes.
This research included an introduction and Six thematic area which are: the First thematic area: covered the concept of the vaccine and its types, the Second thematic area: explained the components of Novel Coronavirus and its vaccine types, the Third thematic area: clarified the ruling of the components of Novel Coronavirus Vaccines in terms of permitted and prohibited, the Fourth thematic area: explained the ruling of receiving  coronavirus vaccines and the role of the state in obligating it, the fifth thematic area: discussed the rulings of coronavirus vaccines in acts of worship, as we explained the rulings of coronavirus vaccines in Purity, Prayer, Zakat, Fasting, and Pilgrimage, and in the Sixth thematic area, we explained the rulings of coronavirus (COVID-19) vaccines in financial transactions.
We have reached several findings, the most important of which are:
1-Novel Coronavirus (COVID-19) vaccines are free of Islamic Law (Sharia) impediments.
2-It is permitted to use the approved Coronavirus vaccines that have been tested.
3-It is permissible for the ruler to obligate the subjects to receive Coronavirus vaccines, to preserve the life, which is one of the most important purposes of Islamic Law (Sharia).

Keywords: Coronavirus, COVID-19, Components, Types, Vaccines, Acts of Worship, Transactions, Investment


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Nov 04, 2019

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