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 research aims to study the obstacles and solutions related to the application of hudud in Sharia courts in northern Nigeria; This is due to the presence of many problems when applying the hudud in Sharia courts, such as the conflict between the Federal Constitution and the Constitution of the States, especially with regard to the application of the had for theft. The researcher studied the Shariah hudud in general in terms of defining them linguistically and legally, with mentioning their types, while addressing the practical application of Shariah hudud in the Shariah courts in some northern states that were chosen as a model, these states are: Zamfara, Jigawa, Kan, Kaduna, Katsina and Bauchi states.The researcher also touched on the legal system and courts in Nigeria in general and the legal system and Sharia courts in northern Nigeria in particular, and the Islamic penal laws of the states of Zamfara, Kanbuchi and Jigawa were also discussed. The researcher used two scientific research methodologies, including: the inductive theoretical method; where he studied the subject of borders in general and the hudud of theft, especially in jurisprudence blogs, in addition to books, studies, letters, scientific articles, reports and legal documents that were written in this field and stored in libraries, websites and other sources of information. The researcher also used the applied analytical method; Where he studied the issues related to the hudud that were applied in the Sharia courts in northern Nigeria, especially with regard to the hudud of theft, and the study of the obstacles in the application of these hudud in order to find appropriate solutions to them. The researcher reached a number of results, including that Islamic Sharia is the optimal system that should be applied to obtain permanent happiness in this world and the hereafter. The application of legal borders effectively contributes to the elimination of crimes committed and prevalent in Nigerian society, especially in the northern regions. Among the findings of the research, the compatibility of Islamic criminal law with Islamic jurisprudence in most aspects, and the compatibility of the applications of Sharia courts with Islamic law in many cases. The researcher recommends the officials to carry out all the solutions mentioned in the study so that they can better apply the Sharia and implement the Sharia hudud. He also recommends to them the necessity of developing Islamic criminal law to be fully compatible with Islamic law, and the necessity of implementing all judgments issued by Sharia courts.

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.

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.

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.

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.

Zanzibar is an island located in East Africa and part of the United Republic of Tanzania. In contrast, Kwara State is one of the states of the Federal Republic of Nigeria in the West Africa sub-region. Both regions have similar colonial histories and post-colonial experiences. Islamic Jurisprudence has undergone many reforms since the post-colonial era in Zanzibar Island of Tanzania and Kwara State of Nigeria. Islamic Jurisprudence is used in the adjudication process in Islamic religious courts in these two regions of Africa with a sizeable Muslim population. These courts essentially adjudicate Muslim personal matters, such as marriage, divorce, inheritance, wills, and endowment. The official jurisprudence of the people Zanzibar-Tanzania is Shafi’i jurisprudence. For the people of Kwara State of Nigeria, Maliki jurisprudence is recognized. Marriage is considered part of Muslim identity; therefore, applicable jurisprudence is necessary for a fair hearing on Muslim personal matters. The Muslim judges (qadis) play a laudable role in the justice system under Islamic Jurisprudence. This paper uses doctrinal, case law and empirical approaches for the discourse.

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.

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.

This paper tries to study the punishment Stealing in the Shriah Islamic and iraqian law. The research take punishment Stealing in the Shriah Islamic and iraqian law. including ideal punishment Stealing in the Shriah Islamic and iraqian law and Ideal Stealing punishment Stealing in the Shriah Islamic and iraqian law. and sharper Stealing punishment Stealing in the Shriah Islamic and iraqian law that in shadow Shriah Islamic and iraqian law. I my ago, the maqasidy (objectives) of Shariah   have   recognized the right of preserving of safeguarding the   religion (Din), self, mind (aql) and personal sanctify and   humor. By recossily, these rights and extended for Stealing.   In addition,  these  rights   include the right of  maintaining a suitable  and  secured Shelter for the  refugee   and his  / her dependents, his  right   to have   access    for education  and the   right for  fair trial before the Islamic courts. Although this topic has been extensively dealt and certain areas of the topic that have received scanty coverage. It is hapend that this study will contribute to the literature on that important subjects. This topic is also vital due to the   fact that refugee problems have becoming more complex, particularly in the past-word war Two era. We will follow the dedective method in dealing and analyzing the components of this paper bassed on the companative approach. The paper will make use   of both   primary and secondary sources. The paper will conclude by presenting policy- or united recommendations to improve the conditions of refugee from the Shariah perspective.

Sejarah Hukum Islam Nusantara Abad XIV–XIX M , by Ayang Utriza Yakin

This paper is a study of the typology of hadith that functions as the bayān (elucidation) of Qur’anic verses and its implications for the reform of Islamic inheritance law. The use of hadith as the bayān of the Qur’an is a common practice of ulema (Muslim scholars) in producing fiqh (Islamic jurisprudence) law. However, certain uses of hadith as the bayān of the Qur’an have also been criticized by scholars. This study is a literature review on hadith viewed as the bayān of the Qur’an, with the primary focus on Islamic inheritance law. Data were collected by means of examining certain hadith used as the bayān of the Qur’an by mufassir (exegete) and fuqaha (Islamic jurists) in carrying out legal istinbath (decision making), especially in cases of inheritance. This study concerns with the studies of the typologies of hadith functioning as the bayān of the Qur’an and their problems that have not been conducted optimally. These studies indicated that certain hadiths used as the bayān of the Qur’an still posed an issue from a methodological point of view. This present study seeks to address three important issues of concern. First, there are three typologies of hadith as the bayān of the Qur’an, namely 1) hadith stated directly by the Prophet as an explanation or a practice of certain verses, 2) hadith stated by the companions of the Prophet as the bayān of a verse, and 3) hadith with no instruction from the Prophet nor indication from the companions as explanations for certain verses, but used as the bayān of certain verses by Islamic jurists. Second, each typology has methodological problems in terms of the context, incompleteness, and hadith occurrence, and the methodological problem has worsened in the last typology. Third, the use of hadith in the third typology as the bayān of the Qur’an in legal istinbath has provided an opportunity for Islamic jurists to renew the Islamic law in the field of inheritance by taking into account the methodological aspect.

This paper examines the legal framework for family planning as a reproductive health and women’s rights under Islamic jurisprudence. It explores the permissibility of family planning in Islam, addressing the concerns about contraceptive use as women’s reproductive rights. Islamic family law is based on the teaching of the Holy Quran and Sunnah of the Prophet Muhammad (PBUH) which are the first sources of Islamic law provides for legal framework for the concept of family planning and use of contraceptive to avoid pregnancy on health and economic reasons. Although The Holy Quran does not directly address the legality of family planning but implies its permissibility in ch.2:233 supporting birth spacing to ensure the health and well-being of both the mother and the child are protected. The first Hadith related to family planning or "Al-azl" (coitus interruptus) was reported by Jabir Ibn Abdallah, in which he demonstrated the Prophet Muhammad's (PBUH) allowed the use of contraceptives to avoid pregnancy under definite conditions. However, the Islamic principles such as Ijmaa (consensus), Qiyas (analogical deductions) and Ijtihad (juristic reasoning) which termed as secondary sources of Islamic law offers an additional legal framework through which the concept should became legitimate. Islamic scholars and jurists such as Al-Ghazali, and Omran argued that contraceptives use is acceptable when used for health reasons and it does not contradict Islamic values. They recognized family planning as a women’s reproductive right in Islam, aligning with global institutions like WHO, UN, and CEDAW. These bodies affirmed the right of women to access reproductive health services, including family planning which complements Islamic principles of responsible parenting and health protection. However, some Islamic jurists such as Abu Al-maudoudi opposed to the concept and saying that it was a modern form of suicidal act. culture and traditions are identified as barriers which hindered the common acceptability of family planning and contraceptive use by intended couples. Islamic law offers a flexible and evolving approach to reproductive health by integrating Islamic teachings with contemporary health needs. In Islam the concept of Family planning and use of contraceptives are recognized as rights that promotes the reproductive well-being of the mother and the harmonious upbringing of the incoming child.

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

This chapter focuses on bilateral contracts, which are one of the main types of contracts in Islamic law. In Islamic commercial jurisprudence, bilateral contracts are called ʿuqūd al-muʿāwaḍā. Moreover, bilateral contracts often reflect parallel, corresponding, and conforming promises made by the parties. The chapter enumerates the classification of bilateral contracts in Islamic commercial jurisprudence: general contracts of exchange (ʿuqūd al-muʿāwaḍāt); contracts of security (tawthīqāt); contracts of partnership (shirka); contracts of safe custody (wadīʿa); contracts relating to the utilization of usufruct (manfa ʿa); and ancillary contracts of services. It explains the bilateral contracts that involve sales-based contracts and other similar agreements in Islamic jurisprudence.