Journal of Law

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Volume : 37 Issue : 130 2022

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Author :Dr. Hamoud Nayef Mohammed Al-Dabbous
Discipline :Hadith

The mentioned hadiths about the rising of a star on the night of the birth of the Prophet Mohammed, may God’s prayers and peace be upon him -study and graduation

DOI: 10.34120/0378-037-130-001

This research is a study of the hadiths mentioned in mentioning the rising of a star on the night of the birth of the Prophet - may God’s prayers and peace be upon him-. The problem of the research lies in that these hadiths that mentioned the rising of a star on the night of the Prophet’s birthday - may God’s prayers and peace be upon him - are well-known hadiths in the books of biography and books of evidence of prophecy,  and  It needs to be collected and judged in terms of health and weakness. The research aims to collect the hadiths mentioned, and to know the degree of hadiths in terms of validity and weakness, and the researcher concluded that there were eight suspended hadiths indicating the rise of a star on the night of the birth of the Prophet, may God bless him and grant him peace, and they are: the hadith of Hassan bin Thabit, Huwaisah bin Masoud, and Zaid bin Haritha, Abu Saeed Al-Khudri, Ibn Abbas, Abdullah bin Amr bin Al-Aas, Zaid bin Thabit, and Aisha, may Allah be pleased with them, and that these endowed hadiths are transmitted by the Companions from people from the People of the Book - and most of them are Jews - who are told of the rise of that star that night, And that the rising of that star is evidence of the birth of a prophet who are awaiting his emergence and resurrection, and that these narrations are five, of which are good narrations for others, and the other three are highly weak.

Key words: hadith, najm , tuluea, Ahmad, birth.

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Author :Researcher: Reem Abd Al Razzaq Mohammad Abd Al Razzaq
Discipline :Da'wa

Civilizational values in Islamic education

DOI: 10.34120/0378-037-130-002

The study aimed to highlight civilizational values in Islamic Education. For this reason, the researcher employed the descriptive-analytical approach. The study was subdivided into three sections: first, the concept of civilizational values in Islamic Education; second, the characteristics of civilizational values in Islamic Education; third, the system of civilizational values in Islamic Education.  The study concluded with a host of findings mainly including the following: Civilizational values are defined in Islamic Education as a system of theoretical guidelines for elevated intellectual, emotional and practical behaviors derived from divine revelation and parallel human thought within the sphere of civilizational structure, development and reform for the purpose of existential stability in this world and retributory auspices in the hereafter. The core aspects of foundational civilizational values are manifested in eschatological orientation, divination-conditioned advancement, fundamentality of monotheism, holism of interactive concentricity, pivotality of psychological makeup, as well as functionality of revelation. The core aspects of enhancement civilizational values consist in global stretch fecundity, positivity, causality and non-consequentiality, flexibility, as well as sustainable universality. The study recommends that researchers should conduct further research on capacitation mechanisms of pioneership for human figures in Islamic civilization.
Key words: values, cultural values, Islamic education.


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Author :Dr. Khaled Aba Alsafi Al-Mutairi
Discipline :Economics

Ruling of Subscribing in Permissible Mixed-Activity Companies Shamal Az-Zour Kuwaiti Company, Model

DOI: 10.34120/0378-037-130-004

This study aims to reach the Islamic lawful ruling of subscribing in shares of permissible mixed-activity companies in Islamic jurisprudence, and in particular Shamal Az-Zour Company in Kuwait.
In order to achieve this objective, the opinions of contemporary Islamic Jurists and their discussions of the rulings of joint stock companies in general, and permissible mixed-activity companies will be identified. This research will focus on Shamal Az-Zour Kuwaiti Company, as a highly controversial realistic case.
In order for the study to be a scientific and realistic, it was guided by Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) Standard No. (21) on trading and investing in shares and bonds, and he relevant decisions of the Islamic Fiqh Academy, in addition to the decisions issued by the annual Shura conference on this subject.
After reviewing the opinions of Islamic Jurists on the issue, and the reality of the Az-Zour Company, the researcher concluded that it is permissible to Subscribe in this company, with specific Islamic lawful controls required.
In order to achieve the objectives of the study, I used the comparative analytical approach with purpose-oriented examination of Islamic jurisprudential ruling, which is of great importance in this particular study. The study divided in two thematic areas:
First: Subscriptions in permissible mixed-activity companies.
Second: the ruling on subscriptions in Shamal Az-Zour Kuwaiti Company
Keywords: Subscription - Joint Stock Companies - Mixed Companies - Shamal Az-Zour


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Author :Researcher: Ahmed Ibrahim Issa
Discipline :Da'wa

The phenomenon of Muslim immigrants converting to Christianity in Europe in the current decade Descriptive and analytical study

DOI: 10.34120/0378-037-130-003

During the current immigration crisis, many Muslims fled with their lives to Europe and some of them converted to Christianity. The aim of this study is to verify this occurrence and study its causes. Since there are no academic articles in Arabic on this new and important issue, the method is to describe and analyse news reports and non-Arabic studies. The conclusions include that the Christianisation of Muslim immigrants to Europe in the current decade is a phenomenon that exists in full swing in a number of European countries. Churches, headed by the Catholic Church, have enlisted the capacities of Christian organisations to attract vulnerable refugees to Christianity, through means of relief, provision of shelter, hosting them in churches, and assisting in asylum applications. The research sheds light on the link between the Christianisation phenomenon and the loss of the religious identity of immigrant children, accompanied and unaccompanied. The research recommends that Islamic relief institutions, mosques and centres in Europe should offer a substitute to Christian institutions and that universities should conduct field research on the relationship between religion and immigration.

Keywords: Islam, refugees, Europe, Christianisation.

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Author :Dr. Muhammad Mahdi Alajm
Discipline :Fiqh

The Crime of Catfishing on Social Media Comparative Islamic Jurisprudential Study With Kuwaiti Law

DOI: 10.34120/0378-037-130-005

The research discusses the definition of the crime of catfishing on social media as a fraudulent method to seize money, and explaining the Islamic Law (Sharia) ruling on such crime as a criminalization and punishment, compared to Kuwaiti law.
The covered the accurate definitions of the crime of catfishing on social media, and clarifying the Islamic Law (Sharia) principles governing this crime, then explaining the elements of this crime according to Kuwaiti law and the Islamic jurisprudential rooting. Therefore, I used the descriptive analytical approach in this study.
Among the most important research findings: This crime is classified under the principle of  discretionary punishments, and the physical behavior of this crime is achieved by choosing a false name or using an incorrect character through social media, and its mental element is achieved by having the will and knowledge. The punishment established by Kuwaiti law for this crime rom the Islamic jurisprudential point of view is based on imprisonment and fine discretionary punishment.
Among the most important recommendations: Studying the rest of the IT crimes set forth in Law No. 63 of 2015 on combating IT crimes as Islamic jurisprudential legal study compared to the law, and reconsidering the prolonged imprison punishments; Given the many economic and social disadvantages of imprison punishment. The researcher suggests adopting the Shafi’i school of thought, which stated that the imprison punishment should be less than one year.

Keywords: Catfishing, Social Media, Cybercrime

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Author :Dr. Salem Obaid Almutari
Discipline :Fiqh

Differences between contracting parties in scientific research contracts, a study of fiqh

DOI: 10.34120/0378-037-130-006

This is a study related to the disagree between the two contracting parties in the scientific research contracts, in which I explained what is meant by the disagree of the two contracting parties, the definition of the scientific research contract, and its legal ruling. Then, I mentioned in details the provisions of the disagree of the two contracting parties in terms of the disagree in the origin of the contract, the disagree in the compensation that corresponds to the research, the disagree in the duration of the contract, the disagree in the character of the research and its limits, the disagree in the researcher’s work for himself or others, and the disagree in the researcher’s donation of his research, determining the statement presented at the disagree and lack of evidence. I concluded that the saying is the saying of the one who denies the contract and the one who receive the amount and the one who determines the term, and that they are allied if they are equal in the evidence, and the saying supporting the presumption is presented, and the researcher recommended paying attention to the applications of the scientific contract in particular, and the descending contracts in general

Keywords: research contract, disagreement of the two contracting parties, research contracts.

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Author :Prof. Saleh Al-Ali
Discipline :Fiqh

Bitcoin «a jurisprudential study»

DOI: 10.34120/0378-037-130-007

The research aims to identify the nature of digital money «Bitcoin» that has spread in this era with the appearance of technological progress, and to show its characteristics and economic effects. Positive and negative ones, then studying this currency in terms of its economic, monetary and jurisprudential aspects, on the monetary side, the research shows the extent of the application of the concept of cash and its characteristics to «Bitcoin», and from the jurisprudential point of view, it shows the topics, terms and branches of jurisprudence that are related to them, and it can be used from them, especially the issues that affect the Sharia ruling on them. Like uncertainty, gambling, and ignorance, to result from these introductions a statement of the Sharia ruling on the dealings of those charged with «Bitcoin» and their circulation among them.
The research reached to a several conclusions and recommendations; Its overall result was that «Bitcoin» did not have the status of cash, and therefore value rulings are not given to it, and not considered as a currency.
Key words: digital money, electronic currencies, Bitcoin, electronic money, Islamic jurisprudence.

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Author :Dr. Mohamed Oud Al-Fuzia
Discipline :Fiqh

Impact of Liquidity Requirements imposed by the Central Bank of Kuwait On the Zakat base of the Islamic Banks

DOI: 10.34120/0378-037-130-008

Among the instructions issued by the Central Bank of Kuwait to Islamic banks in the State of Kuwait are the ones related to liquidity restrictions, which obligate banks to deposit a percentage of their cash liquidity with the Central Bank. Part of this liquidity is not allowed to be disposed of by the bank as long as the bank’s license is valid.  Another part is allowed to be disposed of by the bank in specific cases according to certain regulatory requirements. The balance of this liquidity in the State of Kuwait reached (2,830,699,000) by the end of the fiscal year on December 31, 2021
The present study discusses whether the Islamic banks recognize this liquidity in their zakat base. The need for this study stems from the fact that this liquidity is problematic regarding the bank’s full ownership of it due to the bank’s inability to dispose of it in certain cases, although growth is sustained in it. This issue was not singled out in an in-depth theological study through linking it to the relevant regulatory requirements. The study concluded that part of these balances cannot be disposed of by the bank, so zakat is not obligatory in it. Another part can be disposed of on certain conditions so that it remains on its original status subject to the obligatory zakat.
Keywords: Central Bank On ،the Zakat base ،legal deposit

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Nov 04, 2019

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