Browsing by Author "Arif, A."
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Publication تقويم دور بورصة سوق السلع الماليزية في إصلاح التورق المصرفي المنظم(Universiti Sains Islam Malaysia, 2018) ;Arif, A.Ahmad, S.The study aims at clarifying and evaluating the role of the Bursa Suq Al-Sila' in reforming financial operations based onorganized banking tawarruq.This will be through a brief description of individual tawarruq, the organized banking tawarruq and the opinion of the scholars in this regard, along with a brief explanation of Bursa Suq Al-Sila' and the process of tawarruq applied therein. This will be followed by mentioning the most important Sharia problems due to which the jurisprudential councils, some Shari'a bodies and majority of contemporary scholars have disallowed the organized banking tawarruq, which takes place in international commodities by international and other exchange markets. These problems include: a Fake goods used in the process of tawarruq and their unavailability, b. repeating tawarruq operations on a single commodity without changing its place, c. dominance of shame dealings on the transactions, d. impossibility of taking possession of the goods, e. prohibited collusion within the deals and other Sharia problems. This will be followed by the researcher�s explanation and evaluation of the role played by the Bursa Suq Al-Sila' in order to avoid those sharia problems mentioned in the process of banking tawarruq. The study concluded that the process of banking Tawarruq throughout the Bursa Suq Al-Sila' Malaysia is better and more preferable than many popular tawarruq operations in the world, for the scholars who see the permissibility of banking Tawarruq, and it is a reform of some important aspects such as confirming the existence of the commodity, not using the same commodity again in the transactions and that the dealings should be real and not shame. Nevertheless and despite this, it is not the desired goal that scholars and researchers try to achieve in the Tawarruq, because some of the Sharia problems still exist in the matters related to the shame transactions and taking possession of the commodity. - Some of the metrics are blocked by yourconsent settings
Publication مبدأ شخصية العقوبة والمساواة فيها في الشريعة الإسلامية القانون الجنائي الإيراني أنموذجًا(Universiti Sains Islam Malaysia, 2018) ;Arif, A.Salami, F.The aim of this study isto review two principles of "individualization of punishments" and "equality of punishments" in Islam, and the topic wasinvestigated in the Islamic punishment law in Iran. The inductive method isused to study and induce the jurisconsults� sayings and articles of law in the compiled writings on the related topic, and the two mentioned principles were analyzed using the analytical and comparative methods. Based on the mentioned methods and referring to the definition and concept of punishment in Islam and Iranian criminal law, the author concluded that punishments have common principles and properties which are dominant in all punishments and manifested in the principles of the legality of punishments, equality of punishments and individualization of punishments. Moreover, the author studied the relationship between the principle of individualization of punishment and paying blood money by the �Aqilah (blood relative/solidarity group) in unintentional crimes (error) and concluded that the Aqilah system is completely based on general and proved rules in Islam, and it is not excepted from the principle of individualization of punishment.