Browsing by Author "Baidar Mohammed Mohammed Hasan [Supervisor]"
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Publication الحماية القانونية للوظيفة العامة من الفساد الإداري في ظل الشريعة الإسلامية وقانون دولة الإمارات العربية المتحدة - (دراسة مقارنة) .(Universiti Sains Islam Malaysia, 2023-02) ;علي سيف علي بن غافان آل علي‘Ali Saif Ali ibn Ghafan Al-AliDue to the growing corruption behaviors that destroy the nerve of the administration and the state, hinder its growth and development, threaten its security, and the disintegration of its societies, there is an urgent need to protect the public function and public money from these risks that threaten them as one of the main pillars in building states. The problem of the research lies in the fact that the United Arab Emirates, just like the rest of the world and the United Nations, has moved at the local, Gulf, regional, and international levels, to combat corruption by merely enacting legislation and local laws that criminalize administrative corruption behaviors and prosecute the perpetrators and apply penalties to them. This move, however, does not work due to the continuous development of administrative corruption. Through his thesis, the researcher hopes that the UAE will adopt the thesis proposal by establishing a ministry or a public body specialized in combating corruption in general and administrative corruption in particular. To ensure that this research can achieve the research objectives and further uncover the research problem, the researcher used several approaches namely the inductive, comparative, and analytical approaches. For the researcher, the importance of the study for the authorities and individuals in the UAE society and in the world, in general, highlights the importance of the existence of competent bodies or organs to combat administrative corruption and its impact on these crimes. The researcher concluded that the countries that have anti-corruption administrative agencies have made significant progress in the fight against administrative corruption, and these countries also present a better position in the corruption perception index. The researcher recommends all countries establish anti-corruption administrative bodies, and Islamic countries should develop a working basis for anti-corruption administrative bodies derived from Islamic law. - Some of the metrics are blocked by yourconsent settings
Publication الدَّولة المـَدَنِيَّة بين الدَّولة في صَدْرِ الإِسلام والدَّولة القانونيّة الحديثة "دراسة مقارنة"(Universiti Sains Islam Malaysia, 2023-01) ;يحي عبد محجوب أحمد الحمدYahya Abed Mahgoob 'Ahmad Al-HamidThe subject matter of this study remains an issue of debate among intellectual schools and political, religious and legal references. In this context, utilizing legal tools and a historical- analytical-comparative research method, this study seeks to answer the following question: Was the state of al-Madinah al-Munawwarah in the early days of Islam a religious or a civic one? Hence, this study elaborates on the construct of the term “Civic State” and on the vocabulary concepts referencing authority such as Governance, Rule, and Command. The study also explains the concept of “Theocraticreligious State” and presents the pillars of the Modern Legal-Civic State, its elements and guarantees of realization, and follows the same methodology for al-Madinah al- Munawwarah state. A comparison is then conducted between the two forms of state while referencing supporting verses from the Holy Qur’an, as well as authentic Hadeeths of Prophet Muhammad (PBUH) and documents of reliable sources from his time. Among the study’s outcomes is clarifying the position of the state at the onset of Islam which rejects it being founded on theocratic rule and, instead, adopts human bases for electing political rulers through “Al-Bay’a” system under a social contract between the ruler and his people who monitor his performance and hold him accountable to the same laws. This is in addition to establishing the principle of separation of powers as deemed fitting that historical period, recognizing rights, protecting freedoms, committing to equality and consolidating the notion of citizenship. Hence, this study attempts to contribute towards enriching the legal and Shariah Law literature so as to enact a convergence that would solve a multitude of arguments on the religious, political and scientific levels through dismantling the term of the “Civic State”، clarifying its roots and differences from the theocratic religious state and defining the concept of “Governance” and its historical transitions. This research study’s comparative conclusion reaches a striking match between the pillars of the modern civic state, its components, and guarantees of its realization with that of al-Madinah state which was established in the early days of Islam. It added additions that were not enacted in the constitutions, such as the mechanism for enjoining good and forbidding evil, which is considered an additional guarantee specific to the state of Medina, and popular oversight added to the oversight authorities.. The study proves that Prophet Muhammad (PBUH) established a fully legal civic state and drafted a constitution deemed the first of its kind in what was called Saheefat al-Madinah, forming a precedent hundreds of centuries ahead of mankind, and who had in no way established a so-called religious.