Bilateral Contracts

يشكل هذا البحث محاولة علمية للوقوف على ضوابط وأحكام الصلح القضائي كوسيلة لحل النزاعات في القانون المصري والفقه الإسلامي، مع توضيح أوجه التشابه والاختلاف بينهما وذلك بمعرفة الأحكام العامة ، من خلال التطرق لمفهوم الصلح في الفقه الإسلامي والقانون ومن ثم المقارنة بين المفهوم في القانون والفقه الإسلامي ، وإبراز أهمية الصلح حيث أظهرت الدراسة أن الصلح يحظى بمكانة بارزة في الفقه الإسلامي، حيث يتميز بالمرونة ويعتبر وسيلة مشروعة لإنهاء الخصومات طالما لا يخالف النصوص ال-شرعية، وكذلك تناول البحث تكييف عقد الصلح والتمييز بينه وبين بعض المصطلحات المشابهة، ومن ثم تناول البحث تفصيلًا الآثار المترتبة على الصلح . خلص البحث إلى أن الصلح يعكس قيم التسامح والتيسير التي تجمع بين الفقه الإسلامي والقانون المصري، وهو أداة فعالة لتحقيق العدالة والسلام الاجتماعي إذا تم تفعيله بشكل صحيح. ومن أهم النتائج التي توصلت اليها الباحثة ما يلي : الصلح من حيث الأصح عقد معاوضة إلا أنه قد يختلط بغيره من العقود، فيكون عقدًا مركبا يستلزم توافر أحكام عقد الصلح وأحكام العقد الذي تضمنه. لا يكون فسخ الصلح في الفقه الإسلامي بالإرادة المنفردة، فلا بد من تراضي الطرفين على الفسخ، بخلاف القانون الذي يجيز إذا أخل أحدهما بالتزاماته أن يفسخ عقد الصلح لإخلاله. This research constitutes a scientific attempt to determine the controls and provisions of judicial conciliation as a means of resolving disputes in Egyptian law and Islamic jurisprudence. While clarifying the similarities and differences between them by knowing the general provisions, by addressing the concept of reconciliation in Islamic jurisprudence and law, and then comparing the concept in Islamic law and jurisprudence, And highlighting the importance of reconciliation, as the study showed that reconciliation has a prominent place in Islamic jurisprudence, as it is characterized by flexibility and is considered a legitimate means of ending disputes as long as it does not violate the legal texts. The research also dealt with adapting the reconciliation contract and distinguishing between it and some similar terms.Then the research discussed in detail the effects of reconciliation.The research concluded that reconciliation reflects the values of tolerance and facilitation that combine Islamic jurisprudence and Egyptian law, and is an effective tool for achieving justice and social peace if it is properly activated. Among the most important results reached by the researcher are the following Reconciliation is more correctly considered a compensationcontract, except that it may be mixed with other contracts, so it is a complex contract that requires the availability of the provisions of the reconciliation contract and the provisions of the contract that it contains. In Islamic jurisprudence, reconciliation cannot be annulled by unilateral will. Both parties must agree to the rescission, unlike the law, which allows, if one of them breaches his obligations, to annul the reconciliation contract due to his breach.

Although there is no independent discipline of Islamic environmental law, Islamic law is proclaimed as a source of the legal system in the constitutions of Muslim countries. Thus, we can find in Islamic law a theoretical and practical foundation for environmental law. All sources of Islamic law can be used for this purpose as they all have a potential ecological application. This chapter explores the sources of Islamic law in order to find avenues to Islamic environmental law. In this regard, it analyzes its potential sources and paradigms. Then according to results of these analysis general Islamic principles introduced with a comparative view over the globally accepted environmental law. These general principles can be used in those countries with Islamic jurisprudence as a reference to improve their environment conservation lawmaking.

This research aims to study the concept of legitimate defense and its legal framework in both Islamic criminal jurisprudence and Emirati legislation. Through a comparative analysis, it highlights the points of agreement and difference between the two systems and reveals the legal and religious foundations upon which this right rests as a justification for action. The study employs a descriptive-analytical approach, examining religious texts from the Holy Quran and the Sunnah (Prophetic traditions), analyzing the opinions of scholars from the four major schools of Islamic jurisprudence, and studying relevant legal texts in the UAE Federal Penal Code and Emirati judicial rulings. The research addresses the conditions for legitimate defense, its limits, and its impact on criminal and civil liability, while distinguishing it from similar legal systems such as the state of necessity. The study concluded that self-defense is an inherent right established in Islamic law, and in some cases, it even rises to the level of an obligation, particularly in cases of attacks on life and honor. The UAE legislator, however, has regulated it as a justification for self-defense, precisely defining its conditions and regulations. The findings also revealed a significant convergence between Islamic jurisprudence and UAE law regarding the essence of self-defense, especially concerning the conditions of necessity and proportionality, although some differences remain in the scope of its application and legal characterization. The study concluded with a set of recommendations emphasizing the importance of strengthening legal and jurisprudential awareness of the limits of self-defense and the necessity of developing legislative texts to achieve greater clarity and consistency with Islamic principles.

The Almighty Allah had completed his religion, made the Islamic law for us that it includes principles and general rules which are suitable for application all time and place; it is the achieved happiness of mankind in all time. It is wide enough for each incident; the life is in permanent development and continuous, it means that its issues remain renewed; this is the statement of Allah Judgment, and discovering it in all these developments, so that the Islamic law remains the ruling of the acts of slaves of Allah. There is no doubt that people need someone who renews for them everything related to the affairs of their daily lives and treats their general problems from the jurisprudential side that is compatible with their daily lives. Therefore, there must be a number of jurists to be well-versed in Islamic jurisprudence, to go deeply into understanding Islamic religion texts and goals of Islam to able how inference provisions of Islamic Shari'ah which correspond to the developments of daily lives in order to keep up with the times and its developments, it is urgent in most areas of life and it is more urgent in the field of Islamic financial transactions or what is known as the Islamic economy as the development and renewal of the global financial and business market requires a group of renewed person s under Islamic financial jurisprudence to keep up with the rapid developments in this field, one of the famous renewed person s is Dr. Sami Hmoud. Keywords: Islamic Jurisprudence,Fiqh DOI : 10.7176/JPCR/46-04 Publication date: November 30 th 2019

Islamic Criminal Jurisprudence on the Offence of Trafficking in Persons: An Interpretation of Fasad fil Arz and Hadd Offence

Studying the complex systems within Islamic law reveals a profound commitment to societal organization and advancement, rooted in a religion that values order and progress. Early Islamic society embraced various mechanisms ‒from postal services to policing and traffic regulations‒ illustrating an early form of a traffic security system. This legislative framework predates many modern legal systems, reflecting an integration of universal, humane, and civilizational principles. Islamic jurisprudence, with its pragmatic understanding of traffic dynamics and individual responsibility for physical well-being and material assets, extends its scope to include guarantees and compensation for bodily harm or financial loss arising from traffic incidents. Central to this exploration is an examination of the defining elements of traffic security in Islamic jurisprudence. What defines the traffic security system in Islamic jurisprudence? Does it comprehensively cover all aspects of traffic? Can it be unequivocally asserted that Islamic law takes precedence in shaping this system? This research examines these questions by assessing the system’s historical development and the meticulous precision of its legal edicts, fully realized by the third century AH. It investigates pedestrian conduct and broader regulatory complications, drawing upon insights dispersed across classical texts. Integrating historical, inductive, descriptive, and analytical methodologies, the study offers a holistic understanding of Islamic traffic law, providing timeless insights pertinent to contemporary legal discourse. However, a key limitation of this study is its exclusive focus on Islamic law, without addressing or comparing the legal frameworks of other religious traditions.

Non-Muslims competence in giving testimony; A study between Islamic jurisprudence and the Saudi Civil procedural Law. أهلیة غیر المسلمین فی تأدیة الشهادة: دراسة بین الفقه الإسلامی وقانون المرافعات السعودی

This study examines the role of Islamic law in addressing global warming, focusing on case studies from Indonesia and Western contexts. As emphasized by Indian scholar Mukherjee A, climate change has emerged as an escalating global threat driven primarily by human actions such as excessive fossil fuel consumption, deforestation for industrialization and urbanization, and rapid population growth. These activities accelerate global warming and permanently disrupt ecosystems, leading to significant human suffering. Within Islamic jurisprudence, the principle of Fiqh al-Bī’ah (Islamic environmental jurisprudence) provides both a moral and legal foundation for maintaining ecological balance. Classical Muslim scholars emphasize stewardship (khilāfah) and accountability (mas’ūliyyah) as ethical imperatives guiding human responsibility toward nature. In the contemporary context, Islamic law extends these principles through maqāṣid al-sharī‘ah, particularly the preservation of life (ḥifẓ al-nafs) and nature (ḥifẓ al-bi’ah), which demand sustainable and responsible engagement with the environment. This research employs a Systematic Literature Review (SLR) alongside an analysis of classical Islamic works, examining 578 scholarly papers to ensure comprehensive coverage. The Miles and Huberman framework, comprising data reduction, data display, and conclusion drawing, was applied to guide the data analysis. The findings reveal that Islamic law offers both normative and practical mechanisms for mitigating climate change: (1) strengthening Fiqh al-Bī’ah as a legal-ethical response, (2) promoting ecological citizenship within Society 5.0, (3) enforcing robust environmental regulations and local capacity building, and (4) integrating technological innovation with sustainable practices. The study concludes that Islamic law provides a holistic ethical and legal foundation for environmental stewardship, harmonizing traditional jurisprudence with modern sustainability initiatives to address global warming both globally and locally.

Islamic jurisprudence (fiqh) has a long history and has stagnated since the Middle Ages, whose impact is still being felt today. Various innovations have been braved enough to violate the boundaries of doctrine between schools of thought in Islamic judicial decisions in its development. It is this issue that Noel J. Coulson describes in Conflict and Tension in Islamic Jurisprudence. This article reviews the approach used by Noel J. Coulson to Islamic jurisprudence by asking two main questions. First, how are Noel J. Coulson’s approach and method in Islamic jurisprudence research? Second, how is Noel J. Coulson’s contribution to the development of Islamic law studies? The writer answered these two questions by using a bibliographic type of research. The author finds that Noel J. Coulson dissects the development of Islamic jurisprudence by using historical and sociological approaches. Noel J. Coulson argues that traditional fiqh (classical to the medieval era), contemporary fiqh and decisions in Islamic law courts constitute an actual legal entity. The author argues that Noel J. Coulson’s historical approach to Islamic law is still relevant so that Islamic law is not considered stagnant.

In Islamic jurisprudence and law, social justice is regarded as a fundamental and vital principle, with a significant emphasis on it in Islamic legislation and decrees. Imam Khomeini, as one of the great scholars and authorities in Islamic jurisprudence and law, has given special attention to the importance of social justice. Imam Khomeini's views on social justice include: The Primacy of Justice: Imam Khomeini emphasized the primacy of justice, introducing it as a fundamental and essential pillar in Islamic jurisprudence and law. Distribution of Resources: Imam Khomeini stressed the fair distribution of resources and wealth in society, highlighting the importance of this issue for maintaining social justice. Social Equality: Imam Khomeini promoted social equality and the observance of the rights of all individuals in society, considering this as one of the important Islamic principles. Combating Oppression and Inequality: Imam Khomeini emphasized the fight against all forms of oppression and social inequality, advocating for a just and equal society. Social justice in Islamic jurisprudence and law plays a crucial role in determining the rights and duties of individuals and the distribution of resources and wealth. Adhering to the principles of social justice strengthens public trust and solidifies society. Following the teachings of social justice contributes to the economic and social development and progress of society. Therefore, in Islamic jurisprudence and law, the role of social justice is highly critical, and emphasizing it as a fundamental principle is of great importance, which Imam Khomeini also followed for the structure and development of society. This study attempts to examine the role of social justice in jurisprudence and law with an emphasis on Imam Khomeini's views using a descriptive and explanatory method.

Because Islamic law is not mentioned directly in the Qur'an and Hadith, interpretation and contextualization through ijtihad are often necessary. To achieve this, Islamic jurisprudence must be integrated with current conditions and societal demands. This must be done in accordance with maqasid al-syariah, namely the aim of overcoming legal problems faced by individuals (mukallaf). Sharia guarantees the welfare of every person and is adapted to their abilities. It is stated in a hadith in the hadith of the Prophet narrated by Bukhari which means: "Religion makes things easy, the religion that Allah loves is the true and easy religion" (HR. Bukhari from Abu Hurairah) shows that Islam emphasizes the importance of ease in fulfilling religious obligations. According to the principle of المشقه تجلب التيسير, which means that difficulty brings ease, Islamic law is flexible to deal with the difficulties people face in worship and transactions. The concept of المشقه تجلب التيسير in the application of Islamic family law is explained in this paper using qualitative descriptive methodology and literature review techniques. Sources for this research include the Al-Qur'an, Hadith, tafsir, fiqh literature, and Qawaidul Fiqiyyah. To see how this principle is applied, this paper conducts a case study on Islamic family law. The aim of Al-Masyaqqah Tajlibut Taysir is to alleviate difficulties in the application of Islamic family law so that people can fulfill their obligations without experiencing due difficulties. This study identified seven categories of hardship (masyaqqah) that require relief (rukhsah), such as travel, illness, compulsion, forgetfulness, ignorance, general hardship, and deprivation. These categories guide legal experts in issuing fatwas and legal decisions to accommodate individual needs while upholding Islamic principles. In conclusion, المشقه تجلب التيسير serves as a basic principle in Islamic jurisprudence, facilitating the harmonization of Sharia with individual circumstances and societal needs, particularly in family law matters such as marriage contracts. Its application underscores the adaptability and compassion inherent in the principles of Islamic law, which promote justice and well-being for all individuals.

The right to life was the first fundamental rightsand the most important doctrinal rights approved by Islamic law for human dignity, and comes after other rights, it does not make sense to all the rights with the lack of this right. It is the right and most sacred and respected in the eyes of Islamic law, which necessitated the save and sponsorship and not abuse it, which it Makdt religious texts in the Qur'an and Sunnah frequent and categorical Sindh and significance. On the other hand these texts proved that the right to life in Islam Aigv when the human right to life, but in the right to life of animals and plants and all other living creatures. This research has dealt with the subject of the right to life and provisions that protect and preserve this right in Islamic law by detail because it is the most important kinds of rights in Islam, and the aim of the research is to demonstrate the keenness of Islam in its provisions and the provisions and purposes of the first priorities to save the soul and the bloodshed and respect the right to life, unlike what is happening today the waste of this right in the name of Islam with what we notice from a strong concern in the text and legal provisions of the emphasis on the sanctity of this right and worth the big In Islamic jurisprudence, we find all doctrinal matters related to this fundamental right, and associated legitimacy of the provisions, so ensure that this research to track some Matalq the right to life of the subjects, and the most important provisions in Islamic jurisprudence research and study in two sections: Section I with four demands: the first dealt with the concept of the right life, and in the second: rights jurisprudence in Islam, and in the third and fourth dealt with the right to life in the texts of the Qur'an and Sunnah. The second topic in which three demands: the first dealt with the right to life in the jurisprudence of rights, and the second dealing with some of the rulings affirming the sanctity of the right to life in a brief and whole, and in the third the right to life of the fetus in comparative jurisprudence will stand him Abeche detail in the Islamic Comparative Jurisprudence as permitted by Search volume first and because it represents the beginning of a fetus from the trip Second life.

هدفت هذه الدراسة إلى تحقيق عدة أهداف محددة في مجال فهم الضمان في الفقه الإسلامي والقانون الوضعي،إذ هدفت إلى إثراء المعرفة حول مفهوم الضمان من الناحية الفقهية والقانونية وتوجيه الاهتمام نحو تحقيق التوازن بين الأصول الدينية والأنظمة الوضعية في مجال الضمان، وذلك تبعاً لأهمية الضمان في السياق الإسلامي، وبالتالي فمن أهم ما جاءت به وحرصت عليه الشريعة الإسلامية هو تنظيم أمور وأحوال العباد في كافة شؤون حياتهم وجميع مجالاتها ويأتي على رأس هذه الشئون أمور المعاملات المالية والمدنية ولذلك يعتبر موضوع الضمان في الفقه الإسلامي بشكل عام وفي المعاملات بشكل خاص من أهم الموضوعات في الفقه الإسلامي ولذلك فإن الضمان حكم ضروري في حياة الناس وهو حكم أساس من أجل أن يأمن الناس على أنفسهم وتتمثل إشكالية الدراسة في وجود غموض حول تحديد ماهية الضمان في التشريعات العربية حيث تختلط مع مفهوم المسؤولية المدنية مما يجعل من الصعوبة التعرف على حقيقة أحكام الضمان وما يمكن أن يساهم فيه في تطوير وضبط قواعد المسؤولية المدنية ولهذا تجيب الدراسة على السؤال الموجب فيها ماهي أحكام الضمان في الفقه الإسلامي وهي تهدف إلى التعرف على أحكام نظرية الضمان في الفقه الإسلامي وقد انتهت الدراسة إلى عدد من النتائج ومنها أن الضمان في الفقه الإسلامي يعتبر من الجوابر التي شرعت لجلب ما فات من المصالح و الغاية من الضمان جبر الضرر وإزالته. وهو ما نتج من العصمة التي لحق ومال الغير في الشرع الإسلامي ... وجبر ذلك يكون بالتعويض وهو مبلغ من النقود أو أية ترضية من جنس الضرر تعادل ما لحق المضرور من خسارة وما فاته من كسب كان نتيجة طبيعية للفعل الضار.

This article adopts a maqāṣid al-sharīʻah approach to dealing with Bitcoin transactions. The Islamic law’s position on Bitcoin transactions is not explicitly clear. Unsurprisingly, Islamic law provides no rulings specific to Bitcoin transactions, as Bitcoin never existed at the time of Prophet (PBUH). Such disparity has created controversy among contemporary Islamic jurists on the permissibility of such transactions. While many Islamic jurists argue for the impermissibility of Bitcoin and any associated transaction involving Bitcoin, few Islamic scholars counter-argue the permissibility of Bitcoin if it is so engineered to fully adhere to Islamic values and principles. The article adopts a legal research (doctrinal) methodology in conformity with its agenda which is to review the Islamic rulings on the impermissibility of bitcoin transactions. This article suggests that the existing disparity is eliminated with a maqāṣid al-sharīʻah approach that takes a broader view of the philosophy and values of Islam linking the explicit rulings of Islamic law and jurisprudence to their implicit objectives. The research findings suggest that bitcoin and any transactions involving bitcoin fail to comply not only the jurisprudential requirements of permissibility but also the implicit objectives of sharīʻah, notably the “preservation of wealth” (ḥifẓ al-māl). This study emphasises that the objectives of sharīʻah must be followed in managing Bitcoin-related entities by formulating corporate objectives and Bitcoin policies complying with maqāṣid al-sharīʻah. Furthermore, these formulated objectives must be incorporated to indicate whether the Bitcoin entity upholds Islamic principles.

Principles of international commercial contracts have presented doctrines as certain proposed principles on contracts law by aiming at the unification of private law and have dedicated cases and items in addressing the topic of damages. The mentioned principles have foreseen damages such as principles of loss of profit, damages upon substitute transactions, future harm…A number of those damages have no records of being elaborated in the Islamic Jurisprudence and Iranian laws and the possibility of exercising them in Islamic Laws could be discussed. The possibility of reforming compensation and demanding non-pecuniary compensation emerging from breach of contract are among the topics found in the Institute’s principles; and, are proposed to be exercised in the Iranian laws as well. DOI: 10.5901/mjss.2016.v7n6p133