JournaL of the Faculty of Sharia & Law

زراعة الخلايا الجذعية في ضوء مقاصد الشريعة الإسلامية

2025-03-29T15:27:36+00:00

Abstract

Title: Stem Cell Transplantation in Light of Islamic Sharia Objectives

This research addresses a contemporary issue in the field of medical sciences: stem cells, which are used in the treatment of many diseases and which have renewed calls for their use in confronting the coronavirus pandemic. The research explains their nature, sources, controls for treatment using them, and rulings on treatment according to the objectives of Islamic Sharia. It also demonstrates the extent to which Sharia objectives can be utilized to reach a ruling on this issue.

The research aims to determine the ruling on stem cell transplantation in Islamic Sharia in light of Sharia objectives.

The study reached several conclusions, including:

- It is permissible to obtain stem cells from adults provided they give permission, and from children provided their guardian consents and no harm befalls them.

- It is permissible to obtain them from the placenta or umbilical cord, and it is permissible to obtain them from spontaneously aborted fetuses with parental consent.

- It is permissible to donate stem cells to others in need because this preserves life, saves lives, prevents harm, and avoids damage. It is permissible to give the donor an unconditional gift as an honor.

- It is permissible to use stem cells in all permissible therapeutic applications, provided that suitable alternatives are not available, that stem cell treatment does not result in harm greater than the expected benefit, that the treatment does not contradict any text from Islamic Sharia, and that the treatment is conducted in centers equipped to perform such operations under the supervision of a regulatory body from the state.

- It is not permissible to sell human beings or their parts. It is not permissible to sell stem cells because they are part of a human being, and humans and what they possess belong to their Creator, the Almighty.

- It is forbidden to obtain stem cells from fetuses deliberately aborted for this purpose. It is also forbidden to obtain stem cells from fertilized eggs deliberately fertilized for this purpose

الإشاعات وتأثيرها في النفوس رؤية تأصيلية

2025-03-29T15:27:36+00:00

Abstract

This research, titled "Rumors and Their Impact on Souls: A Foundational Perspective," provides an in-depth analysis of the effects of rumors on individuals and societies, emphasizing their psychological, social, and religious dimensions in the era of advanced digital media.

Rumors are among the most dangerous tools of psychological warfare, and their risks have intensified with the widespread use of social media, which accelerates the dissemination of false information without verification.

This study aims to highlight the concept of rumors, their consequences, and strategies for addressing them from an Islamic perspective. The researcher employed the descriptive-analytical, historical, and inductive methodologies to derive rulings and present findings.

Findings and Recommendations:

Findings:

Rumors are one of the most dangerous weapons of psychological warfare, significantly affecting individuals and societies.
They contribute to the spread of psychological and social disorders.

Recommendations:

Adopting the divine methodology in handling news.
Strengthening the role of responsible media in disseminating truths and combating falsehoods.

Scientific Translation:

القيمة المادية لبصمة الأصابع ومدى حجيتها في الإثبات الجنائي

2025-03-29T15:27:36+00:00

Abstract

The novel dealt with the subject of evidence-based law, including fingerprints, as an example. The research problem was the extent to which physical evidence is accepted as conclusive evidence and the extent to which a fingerprint is used as material evidence in proving crimes. The study followed the descriptive analytical approach and the inductive approach. The study showed the evidence, including physical traces and physical evidence, their divisions, legitimacy, and evidence in the law. It also showed an example of this: fingerprints, their history, definition, types, features, benefits, and evidence in the laws. The study reached several results to the effect that: Fingerprints as a trace and physical evidence are considered conclusive evidence that must be used and relied upon in evidence. This makes judicial rulings more objective and closer to true justice, thus achieving justice based on conclusive scientific and objective evidence. The most important recommendations of the study are to pay attention to scientific methods and means of proof to achieve evidence-based law.

المديح النبوي في الشعر الصومالي-دراسة أدبية - بلاغية – نقدية

2025-03-29T15:27:36+00:00

Abstract

In this, research which is marked with praise of the Prophet in Somali poetry, I dealt with the way the Somali poets organized the art and style of the Prophet’s praises, their use of rhetorical images, and their influence on the poets of the Prophet’s praises in other Islamic countries, past and present. The praise of the Prophet in Somalia has developed in a remarkable way, no less than its counterpart in the Islamic state. And that the poets of Somalia were greatly influenced by the praise poets in the Islamic world, especially Imam Al-Busairi and Al-Sarari. The praise of the Prophet had a great role in spreading Islamic culture and virtuous religious values in the State of Somalia in particular and the countries of the Horn of Africa in general. It was recommended to study Somali poetry in general, and praise poetry in particular, and study Somali poetry grammatically, linguistically, semantic and rhetorically, and study and verify the collections of Somali poets and highlight them to readers, especially those who have not been fortunate in studying.

Islamic measures to prevent epidemic diseases (cholera and plague as an example)

2025-03-29T15:27:37+00:00

Abstract

In ancient times, the cholera epidemic appeared, and before it the plague, and they are two soldiers of God sent by God to His servants to return to Him. So, there had to be a divine sermon for all of humanity. These two epidemics (cholera and plague), were created by God and mobilized the entire world, and made creation gather around itself in confusion and disorder, which revealed the weakness of humankind. There is no doubt for anyone with a mind that the Islamic Sharia came with a comprehensive approach that is suitable for all times and places, and even for all humankind and those looking at the state of the entire world because of cholera and the plague.

The research aims to scientifically and culturally investigate the findings of scientific and medical research and some jurisprudential issues related to diseases and epidemics, especially cholera and plague. The research includes an introduction and three chapters. The most important results and recommendations are: the necessity of calling for pure monotheism for God Almighty and not associating partners with Him, glory be to Him. Quarantine between infected countries and some or between infected individuals and other material preventive measures called for by Islamic law. Moral preventive measures are no less important than material ones, but may even surpass them in influence due to the supplication, prayer, remembrances and legal immunizations they contain. Among the recommendations: I recommend that all Muslims pay attention to material and moral preventive measures against epidemics and physical and moral diseases. Be sure to get vaccinated against cholera while observing preventive measures for fear of contracting the epidemic (cholera virus). Be sure to get vaccinated against seasonal (influenza) which is announced by the competent authorities to preserve health.

معايير الأساسية للدعوى الدستورية

2025-03-29T15:27:37+00:00

Abstract

The study addresses the fundamental criteria of constitutional lawsuits, highlighting the importance of constitutional litigation in promoting the rule of law. Constitutional lawsuits ensure that all legislations and decisions comply with the provisions of the constitution. The study aims to explain the concept of constitutional litigation, its acceptance criteria, the ways to appeal, and the procedures for raising and examining such cases. It followed the inductive, analytical, and descriptive methods and divided the study into four sections. These sections discuss the nature and characteristics of constitutional lawsuits, the conditions for their acceptance, the ways to appeal unconstitutionality, the methods of raising constitutional lawsuits, and the procedures for their progression and adjudication. The study concluded with several findings, the most significant being that constitutional lawsuits are essential tools for protecting the constitution and promoting the rule of law. Adhering to the conditions for accepting lawsuits achieves legal stability, ensures seriousness, and prevents misuse. The study recommended enhancing awareness of the importance of constitutional litigation among legal professionals

Abstract

جهود علماء الاباضية في تفسير القرآن الكريم

2025-03-29T15:42:49+00:00

Abstract

This research deals with the efforts of Ibadi scholars in interpretation from the early scholars to the present.

Research method: It is the inductive and analytical method. This research uncovers the Ibadhi interpretations of the Holy Qur’an, which many people are ignorant of due to the absence of that in the electronic library and elsewhere, and the truth is otherwise. This research deals with the features of the emergence and history of the Ibadhi school of thought, introducing them to them, the secret of naming, and explaining the true imam of the Ibadhi school of thought. The reasons for the paucity of Ibadi writings on interpretation include the political situation of the Ibadi school of thought, including the social factor, the economic factor, natural accidents, and subjective factors, and a statement of the interpretive production of the scholars of the school of thought, and then the conclusion.It included the most important results and recommendations.

مراعاة المصلحة عند المالكية وأثره في التشريعات المعاصرة

2025-03-29T15:44:54+00:00

Abstract:

This research aims to study the Maliki School’s consideration of the public interest, which represents the compatibility of the spirit of the legislative text with the objectives of Islamic law, and reflects the will of truth and the salvation of His servants in this world and the hereafter.

This is done by highlighting the Maliki school of jurisprudence’s approach to the principle of taking into account public interest and demonstrating its importance in Islamic legislation, while explaining the extent to which the Maliki school’s consideration of public interest is reflected in contemporary legislation.To achieve this, the inductive and analytical was followed approaches to reach the results and recommendations, including that the principle of taking into account the public interest is one of the most important principles in the principles of jurisprudence.

Interests are divided, in terms of strength, into: necessary, essential, and beneficial. Interests vary in their rank between certainty and conjecture, including: definitive interests and conjectural interests.

أحكام الخلع في الاسلام (طلاق المرأة)

2025-03-29T15:27:37+00:00

bstract
"Affection, mercy, and cooperation are the pillars of a marital relationship and its foundation. Islam has
not overlooked the existence of disputes between spouses that cannot be resolved through such care.
Therefore, it was necessary to establish regulations to govern separation, just as marriage was regulated.
Islamic rulings were established to grant the husband the right to end the relationship if he finds that it is
not proceeding as desired. This research aims to demonstrate the importance of having a good opinion
of one's wife, avoiding suspicion, and reviving the practice of Khulʿ (divorce initiated by the wife). It
also explores its procedures, reasons, and the consequences that follow.
The researcher concluded that Khulʿ is a unique system if implemented in the manner intended by
Allah, the Almighty, as it addresses the injustice that may befall either spouse.

أثر مقرر مقاصد الشريعة في تحقيق الوسطية ونبذ العنف

2025-03-30T13:01:38+01:00

Abstract

This study aims to demonstrate the *impact of the course 'Objectives of Islamic Law (Maqasid al-Shariah)' in promoting moderation and rejecting violence . The problem lies in the fact that the subject of *'Objectives of Islamic Law'* is one of the courses taught in higher education institutions, particularly in colleges specializing in jurisprudence and legal theory, or as part of Islamic culture courses. Given the topics covered in this course and its connection to preserving the five essential necessities (life, religion, intellect, lineage, and property), it is presumed to foster moderation in societies at large, and among youth and students in particular. This study gains its importance from its focus on the course of *Maqasid al-Shariah*, as the significance of this field is undeniable for both specialists and intellectuals. Proper application and attention to it demonstrate the elevated status of Islam, while neglecting it leads to numerous issues in understanding and implementation. Additionally, the study addresses the impact of *Maqasid al-Shariah* on achieving moderation. The researcher adopted an inductive-analytical approach, and the study concluded that the *Maqasid al-Shariah* course contributes to promoting moderation and rejecting violence by equipping students with accurate information, sound understanding, and motivation to apply what they have learned in a correct and balanced manner. It also fosters an awareness of the mistakes made by individuals and groups regarding these principles, instilling in them a dislike for violence in all its forms. The researcher recommended that faculty members in higher education institutions pay attention to real-world contexts, integrate Islamic sciences, and address thire practical applications.