Journal of Islamic Shariah
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Published By Al-Hikmah Research And Publication Center

2773-5915

2021 ◽  
Vol 1 (3) ◽  
pp. 41-67
Author(s):  
Muhammad Hamad Ali Al-Marri ◽  
Hossam El Din Ibrahim

Custody has significantly important to the family and society and its stability, Therefore, Shariah (Islamic Law) and other all man-made laws have taken attention to it, and Qatari law is one of these laws that have taken care of it very much. The problem of research lies on Qatari’s Law coincides with Shariah (Islamic Law) or not? And research aims to show the concept of custody between Shariah and Qatari Law, and how the harmony between them is. The study followed the inductive approach by tracking and collecting the scientific material from its sources and legal references, and the analytical approach, which leads to the analysis and clarification of the articles of law with the legal rulings and comparing them with jurisprudential opinions. The research concluded that the Custody in Qatari law mostly did not depart from the opinions and sayings of the jurists and scholars of the four schools of Fqih, except few, as it took some parts of the sayings, or combined the sayings in some issues, and rarely separated from the rest of the sayings of them, and all of that was considering the benefit to the case.


2021 ◽  
Vol 1 (3) ◽  
pp. 1-40
Author(s):  
Ayed Saad Ayed Alahmary ◽  
Muhammad Abdurrahman Sadique

This study aims to identify the civil liability of One-person company directors in both the Saudi and Jordanian laws and the related legal articles, to demonstrate the civil liability of One person company directors and when does it apply, and to shed light on the types of directors in One-Person Company in both Saudi Arabia and Jordan, and their obligations; also, the powers of the director and co-director and their limitations .The researcher used the analytical, inductive, and comparative methods by which several findings were achieved. The most important of which are: the Saudi government did not create any exclusive legal regulations for one-person companies as it is the case for other companies. Also, the basis of civil liability is the existence of harm, and the civil liability of one-person company director requires him to compensate for the damage caused by the breach of the obligations.


2021 ◽  
Vol 1 (2) ◽  
pp. 1-32
Author(s):  
Muzakkir Muhsin Thaha ◽  
Hossam El-Din Ibrahim Mohamed ◽  
Muntaha bin Artalim Zaim

This study aims to identify some issues facing the Sharia Supervisory Board (SSB) in Indonesia and find ways to solve them. Some cases were found to have obstructed SSB operations, resulting in SSB's failure to enjoy its privileges. What is interesting is that the legalization of many Sharia banking systems in Indonesian civil law didn’t produce optimal results that is the full commitment of Islamic banking activities to principles of Sharia. This study contributes to providing effective and applicable solutions in order to systematically improve the work of SSB. The researcher relies on the inductive and analytical approach to clarify and solve the problems by referring to heritage and contemporary būks. The research reached some conclusions and recommendations: 1- Making legal affiliation of the SSB refer to a higher official authority in-country to ensure independence. 2- The SSB must prove the urgency of their presence among customers and utilize technology to accelerate demonstrating of Sharia provisions for ongoing projects. 3- There is still a problem in appointing the members of SSB by the bank’s general assembly due to potential conflicts of interest. 4- SSB members can collect salaries and bonuses from Islamic banks in return for their efforts and carving out their times.


2021 ◽  
Vol 1 (2) ◽  
pp. 59-86
Author(s):  
Rahma Qassim Abdurahman ◽  
Sofiah Bt. Samsudin

This research’s topic revolves around a sensitive and strange issue that usually causes imbalance in family bonding and undermining stewardship in Somali society, which is the issue of leaving maintenance of the family to the women due to lack of supporter and carer for them. Therefore, it makes the highest population of the women in that society engage in different kind of jobs, which gives them the power of controlling homes and the society. The researcher adopts the inductive research methodology to gather pieces of evidence on the custodian of stewardship and how to control the family from the word of Allah and the sayings of the prophet Muhammad, as well as books and articles written by Somali scholars and researchers and United Nation report regarding the women guardianship in Somali society. The researcher also adopts analytical method to analyse the texts gathered from the texts related to the topic, and followed by interview, which is used to collect data related to the topic from nine respondents; four among them are elites, another four are laymen, and the president of (Somali Scholars Association), then analyse the interview and derive the effects of misunderstanding the stewardship on Somali community. In conclusion, the research finds that the civil war is one of the factors contributed to strengthening women stewardship in the Somali community, and that the Somali men misunderstood the true meaning of guardianship due to lack of deep understanding of it. The researcher also observed that addiction of men to the “khat weed” is another factor contributes to the men unseriousness in the Somali community and results to family separation in the community, hence, it leads Somali women to go out for work and get more power over the men, which causes emotional and educational deprive for Somali children, and consequently leads to the behavioral deviation in them. It is also found through the research that lack of state’s security and protection for women, absence of a tangible family regulation, loss of moral supports from religious scholars.


2021 ◽  
Vol 1 (2) ◽  
pp. 33-58
Author(s):  
Ibrahim Adam Bama ◽  
Abdurrahman Idris Zakariyya

This study aims to identify some issues facing the Sharia Supervisory Board (SSB) in Indonesia and find ways to solve them. Some cases were found to have obstructed SSB operations, resulting in SSB's failure to enjoy its privileges. What is interesting is that the legalization of many Sharia banking systems in Indonesian civil law didn’t produce optimal results that is the full commitment of Islamic banking activities to principles of Sharia. This study contributes to providing effective and applicable solutions in order to systematically improve the work of SSB. The researcher relies on the inductive and analytical approach to clarify and solve the problems by referring to heritage and contemporary būks. The research reached some conclusions and recommendations: 1- Making legal affiliation of the SSB refer to a higher official authority in-country to ensure independence. 2- The SSB must prove the urgency of their presence among customers and utilize technology to accelerate demonstrating of Sharia provisions for ongoing projects. 3- There is still a problem in appointing the members of SSB by the bank’s general assembly due to potential conflicts of interest. 4- SSB members can collect salaries and bonuses from Islamic banks in return for their efforts and carving out their times. The Aim of the study was to Identify: Trajectory Placement of Soft Powers in Inculcating Social Values from the Perspective of Islamic Education, By Identifying the best method for Placement of soft power in instilling social values, and the basic criteria for trajectory the media, and Highlighting the Role of social media in inculcating those values, The researchers used the Descriptive and analytical Method to study this research, And they reached several conclusions, the most important of which are: that soft power is a common right that Muslims should activate its mechanisms within their future plans, and the falsification of contemporary collective awareness is one of the biggest crimes against human societies, and this has resulted in an increase in consumption rates. The two researchers recommended several recommendations, the most important of which are: Islamic societies face many problems that have contributed to the scientific and technical backwardness, due to the reliance on Western curricula as they are, without reformulating it in a way appropriate to the culture of the Muslim community. And The Islamic media suffers from several problems, and the reason for this is due to the lack of maturity of the media vision, lack of experience, financial weakness, and the lack of attractive elements in it. And the Poor social relations cause social isolation, so everyone is preoccupied with his phone, He is interested in dry communication and neglecting true communication with those are closed, also Establishing institutions and centers to spread Islamic cultural awareness in society concerned with monitoring and combating foreign values that occur to society, Using dialogue in social media as one of the methods of advocating Islamic values, and presenting information in the form of dialogue on issues through positive discussion.


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