Responsibility in Islamic Jurisprudence

This study aims to determine how the right of compensation for death is transferable to the heirs. It is agreed that harming a human body should warrant compensation. Even if it does not result in financial losses, it is considered an attack on the human body. Nevertheless, the prevailing trend in positive law still hesitates to consider the harm of death in itself, a harm that requires compensation. On the contrary, we find that Islamic jurisprudence considers the matter in its natural and logical setting from a long time ago. It is decided to guarantee and compensate for bodily damages, whether they resulted from deadly or non-deadly injury, regardless of the financial losses and consequences or moral damages that result from this damage. By referring to the Jordanian civil law, it becomes clear that compensation for bodily harm is carried out according to the rules of blood money, whose provisions are derived from Islamic jurisprudence and the provisions of Western laws, especially those related to the inclusion of compensation for the actual damage in its moral and material aspects, and its elements of actual loss and lost profit, which some jurists believe. Contemporary Muslims have what supports it in the rules of compensation in Islamic jurisprudence, especially the rule that there is no harm and no foul. In this study, we address how compensation for the harm of death is transferable to heirs in legal jurisprudence and the judiciary system and how the right to compensation for the harm of death is transferable to the heirs in Islamic jurisprudence. The comparative approach between legal jurisprudence and Islamic jurisprudence has been applied, based on strengthening jurisprudential positions with judicial positions closely related to the subject. The study recommended that the Jordanian Court of Cassation amend its jurisprudence and re-consider the death damage guarantee as material compensation for independent material damage. This should be transferred to the heirs through the inheritance and is claimed under the hereditary lawsuit, as it violated the provision of Article 274 of the Jordanian Civil Code, which authorized the death damage compensation. It also violated what was followed by Islamic civil jurisprudence and comparative judiciary.

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.

The process of economic threats in any nation constitutes one of the most significant dangers that expose vulnerable and low-income populations to substantial risks. Given that Islamic jurisprudence in general, and Islamic political jurisprudence in particular, serve as the governing law for society and the Islamic system, it is imperative to examine the mechanisms that Islamic political jurisprudence has considered within the context of justice to address economic threats. The primary research question is: What mechanisms are considered in political jurisprudence to address economic insecurity? The author hypothesizes that significant solutions have been proposed for managing economic insecurity in political jurisprudence. Analytical-descriptive methodology and library-based research tools were employed to address this question and test the hypotheses. The findings indicate that to achieve a robust economy, the initial step is to establish a system. The system is characterized by sound governance. Sound governance has the following indicators and criteria: 1. The right of all citizens to express the opinions and accountability of officials; 2. political stability and durability; and 3. the effectiveness of the system in managing the community and country, and 4. Quality of laws and regulations in various sectors; 5. The rule of law; 6. Oversight and control. Subsequently, Islamic political jurisprudence implemented rigorous measures to address economic threats. Major economic threats include fraud, money laundering, embezzlement, bribery, hoarding, price gouging, underpricing, and related issues.

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.

The present study aims to identify the characteristics and historical development of Wilāyat al-Maẓālim (the jurisdiction of grievances) in Islamic history and jurisprudence, as well as its most important institutions and governing principles. It further seeks to compare this institution with the Saudi Board of Grievances (Dīwān al-Maẓālim) as an administrative judiciary under Saudi laws. To achieve these objectives, the researcher adopted the inductive analytical approach by examining and analyzing the implementation of Saudi regulations related to the enforcement of administrative judgments in the Kingdom of Saudi Arabia, as issued by the courts of the Board of Grievances, and comparing them with the practices established in Islamic jurisprudence. The study concludes that the judiciary of grievances emerged as a strong institution during the Islamic state, where it was exercised directly by the Caliph himself or by his governors holding general authority, due to the gravity and significance of its functions. This judiciary was entrusted with examining abuses committed by governors against subjects, disputes concerning workers’ wages, and other forms of grievances. The researcher also concludes that the Saudi Board of Grievances derives its foundations and rules from Islamic jurisprudence, particularly with regard to its subordination to the Ruler (Walī al-Amr) and its adherence to the principles of Islamic Sharia. At the same time, it adopts modern judicial mechanisms, such as the duality of the judiciary, the principle of litigation at two levels, and the separation between adjudicatory jurisdiction and enforcement jurisdiction. In light of these findings, the researcher recommends expanding the jurisdiction of enforcement within the Saudi grievance system in order to safeguard judicial rulings and ensure their effective implementation.

This article describes al-Ghazālī’s thoughts about Sufism which became a synthesis of philosophical considered extreme tasawwuf and literal and rigid Islamic jurisprudence. This paper argued that Al-Ghazālī attempted to mediate the situation of religion among Muslims who messed up because of tasawuf deviating from the principal teachings of Islam and Islamic jurisprudence and being used by the authorities as a measure to punish the Sufis categorically without considering the truth of their teachings. In his Iḥyā ‘Ulūmudīn, al-Ghazālī leans to his biggest thoughts about Sunni’s Sufism. It teaches theology such as tawḥīd, makhāfah, maḥabbah and ma’rifah, from which the concepts of tawbah, ṣabr, tawakkal, zuḥūd and riḍa came from. This article found that al-Ghazālī’s sufism is closer to practical tasawuf , which is built upon the Qur’ān and the Ḥadīth. al-Ghazālī also wrote his personal experience in his masterpiece. Keywords: Tasawuf , Islamic Jurisprudence, al-Ghazālī

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

Divine law is the basic law in the Muslim states that guides the positive law of the state. Islamic law is called the Shari‟ah; while Islamic jurisprudence is called the Fiqh. Allah Almighty has prescribed fixed punishments for some offences. Those offences are called the Hudood offence. There is not any consensus about the exact number of Hudood offences; however the figure fluctuates from four to ten offences that fall in the category of Hudood offences. Islamic criminal jurisprudence developed in the fact that trafficking in persons is included in the category of Hudood offences. Allah almighty has prescribed limits for every act of human being. Any person violating such limits is condemned and held as sinful which is called as offence in the positive legal system. Any such violation in more shameful manner is called fasad fil Arz. Trafficking in persons is also one of the wrongs creating fasad fil Arz.

This study aims to evaluate the quality of the traditions classified as ḥasan in Sunan Al-Tirmidzi's Al-Jami' Al-Ṣaḥīh, a topic that has attracted considerable attention among ḥadīth scholars. Using a literature review methodology combined with a qualitative approach, this study has not only discovered a new qualification for assessing the quality of traditions in Abū Isa Al-Tirmidzi's Al-Jami’ Al-Ṣaḥīh, referred to as ḥasan ṣaḥīh traditions but also expanded its scope beyond the existing findings. This research has revealed that the emergence of the ḥasan ḥadīth has prompted strong scholarly engagement, signalling the ever-evolving nature of ḥadīth studies. This evolution requires researchers to always be ready to re-evaluate classical texts, encourages continuous exploration of new perspectives and promotes acceptance of the potential for new classifications to emerge within the field. Furthermore, this study has illustrated Al-Tirmidzi's pioneering efforts to reshape the categorisation of ḥadīth. More than simply introducing the ṣaḥīh ḥadīth, Al-Tirmidzi cleverly combined this classification with other existing categories, including the ṣaḥīh gharib ḥadīth and the ṣaḥīh gharib ḥadīth thus enriching the intricacies of ḥadīth classification methodology. The implications of this innovative approach go beyond Al-Tirmidzi's work and affect the broader landscape of ḥadīth scholarship. Moreover, the findings of this study have substantial legal ramifications in Islamic jurisprudence. The revelation that certain traditions classified as ḥasan have the status of ṣaḥīh implies that these texts can serve as a valid legal basis despite their initially inferior category. This discovery underscores the dynamic interaction between ḥadīth scholarship and Islamic jurisprudence, where ḥadīth classification has a real impact on the legal framework of faith. In sum, this study underscores the dynamic and ever-evolving nature of the field of ḥadīth studies as well as the important role played by scholars such as Al-Tirmidzi in reshaping the classification. It emphasises the need for constant exploration of classical texts and readiness to adapt to evolving perspectives to ensure that the field remains at the forefront of Islamic scholarship and jurisprudence.

When implemented, the systems of the International Criminal Court (ICC) and Islamic criminal jurisdiction have to ensure equality, justice and peace for humanity. Consequently, implementation of international or Islamic justice does not necessarily emphasise applying the power of law but rather, as well as possible, the power to achieve appropriate human rights principles, which can reach the heart of the international community as a whole. Giving priority to any concept of law, thus recognizing one concept over another, diminishes the value of international criminal justice and creates contradictions in the application of an impartial equal jurisdiction and basic philosophy of cultural attitudes. Therefore, when the ICC Statute was being drafted, there was a strong tendency to overlook the cultural context of law within the social structures of various nations. The chief purpose of this article is to look into the basic principles of the Statute and examine whether similar principles can also be found within Islamic criminal jurisprudence. The article indicates the ability of both systems to function together and increase the practical intensification of international criminal justice. The study also offers, in a homogenous manner, to expand the juridical relationship, seeking cooperation and accommodation between the two systems in order to modify, adapt, adjust or alter laws for the better understanding of justice and equality between nations around the world. Prevention of international crimes will not be achieved through Islamic or ICC jurisprudence, or through any other system of law, but solely by cultivating equal justice together with the spirit of love and mutual admiration. This is the only seed for the promulgation of the ethic of reciprocity or the celebration of the golden rule of humanity.

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.

الفقه الکلي مفهومه - مصادره – إعماله دراسة فقهية مقاصدية فيصل أحمد اللميع. قسم الفقه وأصول الفقه، کلية الشريعة والدراسات الإسلامية، جامعة الکويت، کيفان، الکويت. البريد الالکتروني: Faisal.allumai@ku.edu.kw المخلص: يناقش هذا البحث مفهوم الفقه الکلي وإعماله؛ فإن الفقه الإسلامي يشتمل على جانب جزئي يتعلق بآحاد المسائل الفقهية، وعلى جانب کلي يتعلق بالقواعد والمعاني الکلية، والجانب الکلي من الفقه الإسلامي هو الهدف الذي تتولى هذه الدراسة تناوله من جهة مفهومه، ومصادره، وإجراءات إعماله، وأبرز مجالات إعماله مستخدما في ذلک المنهج الاستقرائي لأجل استقراء النصوص الشرعية وکلام أهل العلم في کليات الفقه الإسلامي، والمنهج التحليلي من خلال تحليل النصوص الشرعية وکلام أهل العلم في شأن کليات الفقه الإسلامي، ووضعه في سياقه المناسب. وقد مما توصلت إليه الدراسة بيان مفهوم الفقه الکلي، وأنه العلم بالثوابت الشرعية المعقولة المعنى، التي يبنى عليها ما لا حصر له من أحکام الجزئيات، کما تناولت أبرز مصادره، ومنهجية إعمال الفقه الکلي، وأبرز مجالات الإعمال. وکان مما توصلت إليه الدراسة أيضا: أن الفقه الکلي استعمله الفقهاء والأصوليون في سياقات مختلفة، وأنه الکفيل ببيان استراتيجيات الفقه الإسلامي، وما تريد الشريعة الحفاظ عليه واعتباره دائما، وأن تطبيق الفقه الکلي يسير على مقتضى منظومة تطبيقية متکاملة الأرکان، يتم فيها تحديد الثابت من المتغير في الأبواب الفقهية، والمقصود لذاته من المقصود لغيره، وعرف التشريع في الأبواب الفقهية المختلفة، کما يوضح القواعد والضوابط، والأصول العامة للفقه الإسلامي، ويراعي حاجات الناس، واختلاف الأحوال، ويفرق بين أوقات الضرورة وأوقات الاختيار، ويربط الجزئي بکليه. The Comprehensive Islamic Jurisprudence, its Definition, Sources, and Application An Islamic Jurisprudence Objective (Fiqh Maqāṣidia) Study Faisal Ahmad AlLumai Department of Fiqh and Jurisprudence, Faculty of Shariah and Islamic Studies, Kuwait University, Kifan, Kuwait. Faisal.allumai@ku.edu.kw Email: Abstract: This paper discusses the concept of comprehensive Islamic jurisprudence and its factual application. Islamic jurisprudence can be divided into a very detailed sub-aspect related to individual jurisprudential issues, and a comprehensive Islamic jurisprudence aspect related to main principles and overall concepts. That comprehensive Islamic jurisprudence is the main purpose of this study which meant to address its definition, its sources, and the tools of its performance, and the most prominent aspects of its performance using that inductive approach along with the analytical approach on analyzing Shariah divine texts and Shariah scholar’s jurisprudence in the comprehensive Islamic jurisprudence and to classify it in its appropriate context. The study concluded to a certain definition of the concept of comprehensive Islamic jurisprudence which is the comprehension of the accepted and unchangeable Shariah rules which constitute the basis for many other detailed rulings. The study also addressed Fiqh Maqāṣidia most prominent sources, the mechanism of its application, and the most familiar cases of its application. The study also concluded that comprehensive Islamic jurisprudence has been in use from Islamic jurisprudence jurists in different contexts, further, that science is suitable to define the strategy, and what Shariah law really seeks to observe and last. In addition, the application of comprehensive Islamic jurisprudence is bond by fully applicable specific Islamic jurisprudence in which differentiate between the sustained from inconstant in Islamic jurisprudence chapters, and what is self-meant from what is meant for another, the custom of legislation in every chapter of Islamic jurisprudence, the standers and regulations, the general principles of Islamic jurisprudence, human needs, different circumstances, and defernite between the circumstances of necessity and comfort and to relate the secondary ruling by the comprehensive one. Keywords: Islamic jurisprudence, Comprehensive Islamic jurisprudence, Purposes of Shariah, Ijtihad, Contemporary.

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

Marketing of agricultural products is the main factor for the continuity of dealing in the production of any crop or not, and it has an important role in encouraging farmers and urging them to improve the quality of their production; Which leads to an increase in demand, and then activates this cycle of the economic cycle.
 Muslim jurists, in the past and in recent times, talked about rules relating to the market, marketing operations, its organization and control, and the supervision of all economic operations in it.
 On the other hand, the parliament in the Kurdistan Region - Iraq spoke about the process of marketing agricultural products through some articles in the law on agricultural development issued in “2008 AD” No. “4”, under the title “Law for the Protection and Development of Agricultural Production in the Kurdistan Region – Iraq”.
 This research evaluates the legal articles relating to marketing of agricultural products contained in the Law "Protecting and Developing Agricultural Production in the Kurdistan Region - Iraq" in the light of Islamic jurisprudence; This is in terms of the extent to which those articles agree with Islamic jurisprudence.
 The first topic is devoted to the concept of agricultural marketing, its elements, and objectives.
 In the second topic, light was shed on the texts related to the marketing of agricultural products contained in the Law “Protecting and Developing Agricultural Production in the Kurdistan Region - Iraq”, then the research showed the most important criteria for agricultural marketing in Islamic jurisprudence, and then compared and evaluated the legal texts contained in the said law in Islamic jurisprudence.
 At the end of the research, the researcher reached a set of conclusions, including: that what was stated in the law on “Protection and Development of Agricultural Production in the Kurdistan Region - Iraq” about marketing agricultural products is a good thing; However, it is not sufficient on the subject, as compared to Islamic jurisprudence, it shows that what is stated in it is much less than what was stated in Islamic jurisprudence on this subject.

الألعاب الإلکترونية وأحکامها في الفقه الإسلامي عيد أحمد الهادي عثمان قسم الفقه، کلية الشريعة والقانون، جامعة الأزهر، القاهرة، جمهورية مصر العربية. البريد الإلکتروني: aidosman@azhar.edu.eg ملخص البحث: هذا البحث الموجز والموسوم بـ (الألعاب الإلکترونية وأحکامها في الفقه الإسلامي) مهدت إليه بنظرة الإسلام للعب والترفيه، ثم تناولت الألعاب الإلکترونية من حيث التعريف بها، وبيان حکمها، مع ذکر نماذج منها، وکذا الألعاب الإلکترونية المشتملة على الميسر، وبيان حکمها، کما تناولت المسابقات في الألعاب الإلکترونية، وبينت حکم الاتجار فيها، وأخيرا أثر القواعد الفقهية في ضبط الألعاب الإلکترونية، وختمت البحث بأهم النتائج والتوصيات. وقد خلص البحث إلى ما يأتي: أن الإسلام لا يحرم اللعب والترفيه عن النفس طالما کان في حدود الآداب والأصول الشرعية، مع عدم الإسراف فيه، وأن الأصل في الألعاب الإلکترونية الإباحة، ويتغير حکمها بما يترتب عليها من آثار، وما يصحبها من منافع أو مضار، فإن اقترن بها مخالفات شرعية أو ضرر بالنفس أو العقل أو المال، أو الغير، أو الانشغال عن واجب فهي عندئذ محرمة، وإن خلت من المخالفات الشرعية والأضرار بالشخص وبالغير وکانت ذا فائدة کتنمية المهارات، وتربية القدرة على الابتکار وغير ذلک، فعندئذ تکون مندوبة، ويمکن ضبط الألعاب الإلکترونية من خلال قواعد الفقه کقاعدة: لا ثواب إلا بنية، والضرر يزال، ودرء المفاسد مقدم على جلب المصالح، وغير ذلک من القواعد، وفي النهاية أوصي باستغلال الألعاب الالکترونية من قبل الأسر والمؤسسات التعليمية وذلک باختيار ألعاب مسلية وتعليمية في نفس الوقت يمکن الاستفادة منها في تقوية المهارات، وذلک في حدود ثوابتنا الدينية. Electronic Games Rules from Islamic Jurisprudence Perspectives Aid Ahmed Elhady Osman Department of Jurisprudence, Faculty of Shariah and Law, Al-Azhar University, Cairo, Egypt. Email: aidosman@azhar.edu.eg Abstract: I introduced this concise research, titles “Electronic games rules from Islamic jurisprudence perspectives” by the Islamic judgment on playing games and personal entertainment, then we defined electronic games, their legality, the forms it takes, as well as gambling using the electronic games and its legality; then the research approached electronic games competition and legality of profiting from it, finally the impacts of jurisprudence on regulating electronic games and concluded the research by the recommendations and results. The research concluded that Islam does not prohibit personal entertainment as far as it was bond by good manners and Shariah rules and not to be overspent and that the permissibility is the principle ruling of electronic games in Islam, yet, its ruling evolves with its positive or negative impacts. If electronic games caused a preach of Shariah or mental, physical, or monetary damages for the individual or any other human, or wasting the time assigned to personal duty then its ruling shall be prohibited. On the other hand, if there was no Shariah violation or personal or other individual harm and its practice increase creativity and support innovation and so on it should be recommended and we can put a rule to judge electronic games by the Islamic principle that says “no reward unless there is a good intention”, “harm shall be removed”, “blocking the harm is before driving the benefits” and alike of Islamic jurisprudence principles. On the conclusion, I recommend families and educational institutions to use electronic games which is pleased and educational to post skills that be all governed by our firm religious beliefs. Keywords: Electronic games – Judgments - Islamic jurisprudence - Competitions.