عند الإطلاع على مفهوم مبدأ حسن النية . يتضح وجود معايير تندرج تحته، فإذا كان على طرفي العقد التصرف بما ينسجم ومقتضيات حسن النية في التعامل، فما المعيار الذي يتحدد بموجبه السلوك المخالف لمبدأ حسن النية؟، إذن تهدف الدراسة إلى الإجابة عن هذا التساؤل، حيث إن المشرّع الليبي ذكر عبارة حسن النية في تنفيذ العقود ولم يوضح المعايير الواجبة التطبيق، حتى نعرف إلى أي مدى كان تصرف العاقدين عند تنفيذ العقد بحسن نية. ويرى الباحث أن أهمية الدراسة تزداد عندما توجد مقارنة بالفقه الإسلامي، لبيان معايير مبدأ حسن النية في تنفيذ العقود في القانون المدني الليبي و الفقه الإسلامى , رغبة فى معرفة : مدى تقيّد المشرع الليبى بتعاليم التشريع الإسلامى، خاصة أن هذا التشريع قائم على أصول عليا، هي الإسلام والإيمان والإحسان؟! إنها شريعة أخلاقية، باعتبار أن الأخلاق لم تنفصل عن قواعدها، وشريعة كهذه يكون لمبدأ حسن النية في تنفيذ العقود دور هام وكبير فيها؛ نظرا لارتباطه بقواعد الأخلاق. It will be clear from the findings of the research that intention is very essential in transaction (cAqd). In fact, intention is beginning and background of transaction in Islamic Law (Shari ’ah). In transaction, the two parties are expected to display good intention, relate vvith it and build their transaction on it. However, intention is a yardstick to mark and determine good transaction. The aim of this work is to study intention, be it good or bad, in relation to transaction. This is because, in Libya’s Law, there is a provision for intention in transaction, but the yardsticks for determining good or bad transaction is not mentioned while entering into agreement. It is observed that the title of this research title, as important as it is, has great relation with Islamic Jurisprudence (al-Fiqh al-Islami). Hence. a comparison will be made between local traditional law of Libya and Islamic Law, in order to know level of involvement, adoption and reflection of Islamic Law in traditional law of Libya. Islamic Law is built up and characterized with three fondamental principles; Islam, faith (Iman) and morals (Akhalciq). Furthermore, Islamic Law, as good and perfect as it is, shows great concern for morals that involve intention that this work wants to highlight it for discussion and study.

Pandemik COVID-19 2019-20 secara global berpunca daripada sindrom pernafasan akut teruk koronavirus 2 (SARS-CoV-2). Wabak ini pada mulanya dikesan di pertengahan Disember 2019 di Bandaraya Wuhan, Hubei China dan telah diiktiraf sebagai pandemik oleh Pertubuhan Kesihatan Sedunia (WHO) pada 11 Mac 2020. Secara umumnya, pandemik COVID-19 boleh membawa maut kepada penghidapnya dan hingga ke saat ini, pakar perubatan belum menemui ubat atau rawatan secara spesifik kepada pesakit COVID-19. Walau bagaimanapun, setakat ini perbincangan mengenai hibah bagi kes maradh al-mawt bagi pesakit COVID-19 belum diperbincangkan kerana ia merupakan isu yang baru melanda dunia hari ini. Kajian ini akan membincangkan konsep pandemik COVID-19 menurut klinikal dan juga menurut pandangan fiqah. Selain itu juga, perbincangan dibuat mengenai konsep maradh al-mawt menurut fiqah dan perundangan semasa. Penjelasan turut dibuat mengenai status penghidap COVID-19 kategori penyakit terminal atau maradh al-mawt menurut fiqah diikuti beberapa kes yang pernah dilaporkan berkenaan maradh al-mawt. Akhir sekali Huraian juga akan menyentuh mengenai kesan hibah yang dibuat bagi pesakit COVID-19 sekira telah mencapai tahap kritikal. Hasilnya, hibah yang dibuat oleh pesakit COVID-19, boleh dikategorikan sebagai hibah maradh al-mawt sekiranya pakar perubatan telah mengklasifikasikan keadaan semasa pesakit tersebut telah sampai ke tahap kritikal.

The Holy Quran and the Honorable Traditions of Prophet Muhammad (may peace and blessings be upon him) are the main resources of Islamic Constitution; as Allah (may He be Glorified and Exalted) ensured that the Holy Quran is to remain without any type of distortion since it is His speech, the top resource of Islamic Constitution and it is the eternal miracle that highlights the honesty of Prophet Muhammad (may peace and blessings be upon him) and ensures the verity of his Prophecy and Message. Regarding the Traditions of Prophet Muhammad (may peace and blessings be upon him), witnessed in his speeches and actions, Allah (may He be Glorified and Exalted) did not ensure its safety from distortion as He (may He be Glorified and Exalted) assigned keeping Traditions safe from distortion to the human beings. However, Allah (may He be Glorified and Exalted) facilitated the emergence of some scholars who followed different methodologies to save the Traditions from any distortion. Since Allah (may He be Glorified and Exalted) did not ensure Traditions� immunity towards fabrications and distortion, some people, throughout history, tried to distort these Traditions or invent some of these traditions through lying on the behalf of Prophet Muhammad (may peace and blessings be upon him) due to different intentions such as gaining personal benefits, being famous among Muslims and trying to undermine Islam by inventing stories and presenting them as Traditions. Therefore, Islamic scholars that are specialized in the Traditions of Prophet Muhammad (may peace and blessings be upon him) organized the Traditions based on its authenticity: Authentic, Good, Weak and Fabricated. Nowadays, it is crystal clear that there is a huge spread of Weak and Fabricated Traditions within Muslim societies and due to the ignorance of many. Muslims in this issue and its danger, some of these Weak and Fabricated Traditions are met with acceptance by some Muslims for some reasons. Eventually, many people exert massive efforts to spread these Traditions in Internet Forums, Emails and Social Media, ignoring the Authentic. Traditions of Prophet Muhammad (may peace and blessings be upon him). Therefore, due to the huge danger of this issue and based on the Prophet Muhammad�s speech when he said �Whoever tells lies about me, let him take his place in Hell,� the author of this research will address the issue of Fabricated Traditions by analyzing it, discussing the reasons behind it, addressing the methodologies to recognize it and highlighting the role of Muslim scholars to confront it.

Foreign investment become one of the concessive imperatives in this age for its role in the influx of capital and technology (technology), infrastructure development and providing the employment opportunities in the host countries for investment ;but there are a lot of legal and administrative obstacles face the foreign investment in Iraq. In this sense, this study addressed these obstacles which prevent or impede the fluidity of the foreign capital under the force of the investment law No.13 of 2006 and the other administrative and complexities laws that related to the enforcement of these laws depending on the analytical inductive method. So, this study showed the necessary legal means to address these obstacles to provide a safe and convenient environment attracting the foreign investments. In order to that, the study showed the concept of foreign investment and its types. Also, it showed the related obstacles to the investment project ownership laws such as nationalization, expropriation and the other procedures that taken by the state in accordance with the sovereign jurisdiction; but it is obsessed scare foreign investors and reluctant them to invest. The study showed the necessity of legal processors dispense and providing the enough securities to protect the investor and remove his obsessions from these procedures or mitigate it such as the absolute ban or the conditional ban. In the same context, the study discussed the foreign investment obstacles in the administrative laws such as the administrative complexities, owning real estates and disposition it. It also discussed how to address these obstacles in terms of the role of the legislative stability condition in administrative protection for the foreign investor in addition to granting the foreign investor the necessary administrative licenses related to the investment project. After we finished discuss these topics, we finished our research with a conclusion included the highlights results we reached during the research in addition to several proposals we hope that the relevant authorities introduced to attract investment and develop the country without excess or negligence.

Emergency laws are extraordinary measures which any country can take as a consequence of a threat to its security and stability. These measures may include the whole or part of the country, as they transfer power from civilian to military or increase the powers of the civil authorities. Emergencies have played a significant role in the work of international and human rights organizations, in order to ensure human rights and achieve justice. As these international conventions and covenants contained several regulations to guarantee protection for human rights, but in some countries, they were useless in cases of emergency law. This had negative consequences due to the lack of harmony between its security and stability, on the one hand, and protecting human right on the other. The aim of the researcher in this study was to achieve a set of objectives, including: to shed light on the impact of emergency laws on human rights and to monitor their negative effects. In addition, to highlighting the role and effectiveness of international and human rights organizations in the protection of human rights in cases of emergency legislation. To achieve the objectives of this study, the researcher relied on a descriptive and analytical approaches by describing and analyzing the different laws related to the subject of the study and monitoring transgressions. In conclusion, the study has produced a number of results, including: the existence of disparities in the implementation of emergency legislation between countries that are often politically motivated. The other negative effects on human rights, such as limiting freedom, movement, violating the constitution, and the absence of the role of human rights organizations in providing human rights protection. The researcher therefore suggested the activation of international surveillance in emergencies and the implementation of strict penalties for violations.

This study addresses the issue of freedom of the press as one of the aspects of freedom of opinion and expression. Then, it focused on the reality of electronic journalism in Syria, based on its significance and spreading, and keeping pace with technology. The researcher took Syrian law as a model for the study, and among the reasons that prompted him to do so was the scope and significance of the problem that was manifested in the legislator's failure to deal with e-journalism, and to create modern laws that take Islamic law into account in their provisions, in line with the practises of that press. In addition, some articles of media laws and legislations remain ambiguous without clarification, which caused confusion and disparity between the freedom of electronic press and practices. The importance of this study stems from the attempt to address the scarcity of previous studies that dealt with the issue of electronic press freedom in Syria, and their neglect of a number of important aspects that must be highlighted, such as the factors which limit the freedom of press. The purpose of this study is to present the reality of electronic journalism in Syria, and to show both negatively and positively the effect of laws on its expression, as well as to highlight cases of its validity in Islam, while at the same time demonstrating the compatibility of Syrian law provisions with it. In order to support the objective of the study, the researcher adopted descriptive method of analysis. The study summarised a number of conclusions, including the limitation of the freedom of the electronic press in Syria, as a result of the vagueness of the laws that govern them, as well as the lack of a special law for them, and the failure to comply with Islamic legislation in enforcing some of its provisions.