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Volume : 37 Issue : 128 2022

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Author :Dr. Nayef bin Nahar
Discipline :Faith

Spinoza’s approach to deal with religious text and the problem of its application in the Islamic context, a critical studyThis research examines one of the indices of the methodical imbalance that prevails in modern intellectual research- the appearance of “inadvertent cultural import”. This “cultural import” aims to bring in cultural products from other civilizations, not because there is a need to acquire them, rather, because these products have achieved success in a different cultural context. There was a need to import these products under the pretext of that success, even if they are not needed, and their existence would increase the problems. This paper examines the attempt to employ the approach of the Dutch philosopher Baruch Spinoza in the Islamic context, as one of the most prominent examples of inadvertent cultural import. Spinoza has become a primary reference for some of the so-called Arab modernists in the philosophical approaches to religious topics in general, and the relationship between religion and politics in particular. This is attributed to Spinoza’s spiritual patriarchy of the idea of separating religion from the state, and that he was the first to create an integrated philosophical theorem to the idea of separating religion from politics. In this paper, Spinoza’s approach to the religious issue is analyzed, in addition to assessing his approach in a critical manner. Moreover, Spinoza’s approach in the Islamic context is applied, both the religious text itself and secondary approaches, specifically the approach of religion and the state. The paper is divided in five section: 1. Spinoza’s view of religion, 2. Spinoza’s characteristics of the religious text, 3. Spinoza’s rules for interpreting religious texts, 4. Criticism of applying Spinoza’s rules in interpretation, and 5. Criticism of applying Spinoza’s method in the Islamic context. Key Words: Spinoza’s Approach, Religious Text, Islamic Context, Quranic Studies, Textual Studies

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Author :Prof. Youssef Ahmed Al-Badawi
Discipline :Principles of Jurisprudence

Contemporary Trends Regarding the Relationship between Objectives of Sharia “Maqasid” and Fundamentals of Jurisprudence “Usul Al-Fiqh”The research studies the attitude of contemporary trends regarding its view about the relationship between the Objectives of Sharia and the Fundamentals of Jurisprudence, which are three trends: The first trend sees the independence of the Objectives of Sharia from the Fundamentals of Jurisprudence. The second trend sees making Objectives of Sharia part of Fundamentals of Jurisprudence. The third trend sees the continuation between Fundamentals and the Objectives of Sharia, and the study of the justifications and consequences of each trend. The research plan included: an introductory topic and three main topics The introductory topic: Defining the Objectives of Sharia and the Fundamentals of Jurisprudence and it has two requirements: The first requirement: Defining the objectives of the Sharia lexically and contextually. The second requirement: Defining the Fundamentals of jurisprudence lexically and contextually. The first topic: The first trend: (separation); meaning separation of the Objectives of Sharia from the Fundamentals of Jurisprudence and it has two requirements: The first requirement: Those who say that the Objectives of Sharia are separated from the Fundamentals of Jurisprudence. The second requirement: The evaluation of the first trend (Separation) The second topic: The second trend: (Connection); meaning to make the Objectives of Sharia a main pillar of Fundamentals. The first requirement: Those who make the objectives of Sharia a main pillar of Fundamentals. The second requirement: The evaluation of the second trend (communication( The third topic: the third trend: (Integration) between the Fundamentals and the Objectives of Sharia. The first requirement: Those who say that there is completeness between Fundamentals and the Objectives of Sharia. The second requirement: The evaluation of the third trend (Integration) Conclusion: It included the most important findings and recommendations. Keywords: Trends, Contemporary, Relationship, the Objectives, Fundamentals of Jurisprudence.

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Author :Dr. Alaa ‘Adel Alobied
Discipline :Jurisprudence

Currency Devaluation Policy And Its SharĪ‘Ah RulingsThe policy of devaluing currency exchange rate to reduce the deficit in the general budget of countries is one of the topics that have been fortunate in contemporary studies in the economic aspect, as it reflects the economic situation and status of any country internally and externally. It represents the most important element in directing the foreign transactions of countries. The stability of the exchange rate also reflects the extent of the soundness of the economic foundations, the financial and monetary policies followed. The currency devaluation policy is still the focus of discussion and debate among economists, but the legitimate evaluation of these policies from the perspective of SharÊ‘ah has been researched previously but still the need of more research on that is a necessary for now in the contemporary issues occurred, which prompted me to shed light on that problem that revolves around the statement of policy reducing the exchange rate from the point of view of Shariah. This research is based on the technical study of the currency devaluation policy, and then its evaluation from a Shari’ah point of view. The research began by defining the International Monetary System, clarifying the Balance of Payments and Exchange Rate, and stating the currency devaluation policy, then this research concluded with a set of results and a legitimate root for them from the perspective of SharÊ‘ah. Keywords: Currency. IMF. SharÊ‘ah. Devaluation. Monetary. Export. Import. Exchange.

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Author :Prof. Ali Thurian Al Enazi
Discipline :Interpretation

The Provision of Using the Ottoman Calligraphy in Transcribing the Holy QuranThe research discusses an issue, which is one of the most important issues related to transcribing the Holy Quran. As a matter of fact, this issue has been extremely worsened, and there is a dire need to elaborate as it is related to the Ottoman calligraphy agreed on. This issue is about the provision of using the Ottoman calligraphy in transcribing the Holy Quran, versus the provision of not adhering to the Ottoman calligraphy and transcribing according to writing and orthography rules, whether in transcribing the whole book of the Holy Quran “Mus’haf”, or only some of its Holy verses “Ayat” outside “Mus’haf”. To elaborate this issue, the research starts to pave the way for this elaboration by an introduction for reviewing discrimination between the Ottoman calligraphy and the standard calligraphy, and then followed by five themes in terms of elaborating this issue. The research also follows the inductive method, deductive method, and comparative editorial method. The research concludes with the extracted results; one of the most prominent results is that the most likely views, in accordance with the aims of Shariah, and the most balanced in terms of immoderateness and remissness in the provision of using the Ottoman calligraphy in transcribing Quran, is the view that it shall be differentiated between two matters: a) Transcribing the whole “Mus’haf”, and the most likely provision in this term is the desirability of transcribing in the Ottoman calligraphy, and transcribing in any other calligraphy is disapproved. b) Transcribing the private “Mus’hafs” or writing the Holy Verses “Ayat” outside “Mus’haf” and the most likely view in this term is the possibility of transcribing the holy verses in accordance with the approved orthography rules, even if contradicted with the transcription of “Mus’haf” in some verses. After that, recommendations are written and represented in the following: paying attention to teaching the rules of Ottoman calligraphy in faculties of Arabic language studies, as well as the centers, interested in the standard transcribing rules (The known orthographic transcription). Moreover, it is very important to make sure of transcribing the holy verses “Ayat” in the scientific and academic researches and theses in the ottoman calligraphy, as well as facilitating the process of inputting the ottoman calligraphy fonts in the systems of the computerized Typing applications, in addition to recommending the advocators of the view of using the ottoman calligraphy to set out a branched issue of that view, which is: is there any effect of using the ottoman calligraphy on the change of meanings? Finally, the research concludes with a list of references. The key Words : Calligraphy – Transcribing - The whole “Mus’haf” - Proof - Effort

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Author :Dr. Mohammed Zayed Al-Otaibi
Discipline :Hadith

Insistence on Error and its Impact on Judging the Narrator Applied Theoretical StudyThis research deals with an issue of the science of vouching and discrediting, which impacts judging the narrators of hadiths. This issue goes around the narrator’s insistence on error; thus the title of “Insistence on Error and its Impact on Judging the Narrator”, where the research is divided into an introduction, three topics and a conclusion. The introduction includes the importance of the topic, its problem, objectives, previous studies in the field, its approach and method, indicating that it aims to explain the abandonment of error and insistence thereon, as well as the controls of error and the narrators known for insisting on error. The first topic discusses several matters related to the narrator’s abandoning his mistake and the ways of such abandonment, such as the quick abstaining thereof or returning to the origin, etc. The second topic discusses how the narrator persists in his mistake and the controls that would clarify the error that would harm the narrator; as in cases of errors unanimously agreed upon, obscene, or insisted upon. The last topic includes a number of narrators who were characterized by persistence on their mistakes by collecting, translating, explaining their condition and insisting thereon. The Conclusion includes a number of results, the most prominent of which is that insisting on error affects the narrator in terms of his vouching and discrediting and that the large number of narration and memorization exposes the narrator to errors. There are narrators whom scholars have certified with their insistence on the errors and mistakes they committed. These results were were supplemented by a number of recommendations related to the topic of research. On the other hand, scientific institutions work on collecting issues that impact the narrators in terms of vouching and discrediting in a specialized encyclopedia, listing the narrators to whom these issues apply, etc. Keywords: Abandonment of errors - persistence - error - judgment on the narrator - controls for the statement of error.

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Author :Dr. Natheer Adnan Al-Salhi
Discipline :Fiqh

The Political Solutions in the Chapter of al-Siyar in al-Khatib al-Shirbini’s Book (Mughni al-Muhtaj ila Ma’rifat Alfath al-Minhaj)This research tackled the concept of legal policy from both sides. The first side says that the legal policy is limited to the strict Sharia that harden some of the penalties in the section of felonies, and it also hardens some of the provisions in jurisprudence chapters that are related to manufacturers warranties and others. The second side says that the legal policy is extended to other chapters of the jurisprudence, making the policy as a jurisprudence that applies the reality and takes into account interests, and is not limited to aggravation, but it is likely to harden, lighten or put interest-based solutions according to the foundations of the policy and full-understanding of Sharia. Regarding this issue, the researcher concluded the preponderance of the second side, which says that legal policy takes part in all of the Islamic jurisprudence chapters, and is not limited to aggravating these chapters, but it is also extended to include applying the Sharia provisions while taking into consideration the reason and the result of applying each provision. The researcher also tackled one example of the legal policy in one chapter of the jurisprudence, which is the Chapter of al-Siyar by Al Shafi’i jurist al-Khatib al-Shirbini from his book (Mughni Al Muhtaj ila Ma’rifat Ma’ani Alfath Al Minhaj) as a model on jurists’ application for the policy rather than the chapter of penalties, and that it is not limited to strict sharia, but it is beneficial transaction that handles facts in a grantee way that has been requested by the glory Legislator. The researcher also concluded from this study the depth of the political personality of al-Shirbini through stipulating some provisions, or justifying the others based on the legal policy. Key words The Political Solutions - The Chapter of al-Siyar - Mughni al-Muhtaj - legal policy – Jurisprudence – Policy - Shafi’i jurist - Shafi’i - al-Khatib al-Shirbini

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Author :Dr. Bader Mohammad Alelewi
Discipline :Jurisprudence

Compensation for damages incurred by the termination of the agency, a jurisprudential study compared to the provisions of the Kuwaiti Civil lawThe paper included the issues of compensation for damage caused due to the termination of the agency by one of the parties to the contract in jurisprudence and law. The issues of the study was determined in clarifying the exceptional cases necessary in the agency contract and the termination of the agency contract if it resulted in damage and the impact of that on compensation.The researcher has mentioned what was adopted by the Kuwaiti civil law Moreover, the study used the analytical, comparative and deductive method in addressing the issues of the study and reached results, the most important of which are:1-That the agency contract is necessary if it has a right to another person, and the Kuwaiti civil law has taken that the agency is necessary if the right of the agent or a third party is attached to it without the principal, then the agency is terminated with compensation for the damage. 2-The agency contract, if its termination would cause harm to one of the contracting parties, compensation for this damage is required, and this is what the Kuwaiti Civil has adopted.3- Furthermore, the agency contract that was concluded in the capacity of leasing is governed by the rule of the lease contract. Key words: Agency, Compensation, Damage, civil law, Kuwait.

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Author :Dr. Mustafa Hamed Sumait
Discipline :Interpretation

The Suspicion of Compelling Others to Islam between the Quranic Text and the Texts of Jurisprudents (Fuqaha)This study mainly focusses on the study of the meaning of the concept of compelling others to be Muslims and clarifying its meaning in the Islamic law (Fiqh). The researcher studies the meaning of compulsion in the Quran that denies compelling to Islam through the Quranic verse “There is no compulsion in religion” [Quran 2:256] which apparently indicates freedom of belief and the denial of compulsion to religion. The researcher also studies the jurisprudential indication of compulsion which also indicates its denial of compulsion. It also deals with the significance of intellectual coercion which he proves by giving intellectual and logical evidences. The researcher then illustrates the hypothetical indication of compulsion in the Islamic law. Based on that, he studies a number of the jurisprudents’ sayings that appear to show the possibility to compel non-believers to embrace Islam. Each text is singularly mentioned by the researcher and states the misunderstanding that occurred in expressing the meaning of compulsion, and stating its true meaning. Then he studies the indication of fiducial compulsion through the judgement of the belief of the compelled one inwardly and outwardly. And he concludes by giving a clarification about the acceptance of the belief of the compelled one and not looking at his physical state that is contrary of being a Muslim. Keywords: Compelling Others- the Texts of Jurisprudents (Fuqaha- Faith- Thought- The assumption

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