Browsing by Author "Muneer Ali Abdul Rab [Supervisor]"
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Publication القواعد الفقهية المتعلقة بالعرف وأثرها على المعاملات المالية المعاصرة(Universiti Sains Islam Malaysia, 2023-06) ;عمار عبد الله البهنديِAmmar Abdulla AlbehandyThis research Highlights an important tool of jurisprudence that influences the direction of rulings, which is the jurisprudential complexity of the custom theory, and the extent of the ability of the customary jurisprudential rule to determine the legal ruling on transactional issues. This research aims to study the jurisprudential rules related to the field of custom, and then to show the impact of these customary jurisprudential rules on transactions specifically. Where this study lists the rules and collects them from their sources, then studies them by explaining them and indicating their sources and evidence and the jurisprudential applications they contain in the section of transactions. This study also aims to explain the reality of custom and its conditions and sections, which are expressed in the rules under study. To achieve the objectives of the research, the researcher used the inductive, analytical and descriptive approach. The customary jurisprudential rules reached nineteen jurisprudential rules distributed in four areas: the authority of custom under which there are five rules, the conditions of custom under which five rules, the authority of verbal custom under which seven rules, and the authority of practical custom under which there are two rules. About 100 different jurisprudential applications branched out from these rules in the various sections of transactions and in their modern and old issues. The researcher dealt with them, reviewing the customary impact on them. The research concluded that the customary rules have a major role in enacting rulings and controlling the jurisprudential branches in general, the chapters of jurisprudence in general, and in the chapter of transactions in particular. These customary rules showed an image of comprehensiveness and flexibility in Islamic law, as these rules covered the most important issues of emerging transactions, and many emerging issues in the field of transactions do not depart from these customary rules. - Some of the metrics are blocked by yourconsent settings
Publication فاعليّة الوسائل الدّبلوماسيّة وتبادل التّمثيل في فضّ المنازعات الدّوليّة وتطوير العلاقات :دراسة تحليليّة من منظور الشّريعة الإسلاميّة والقانون الدّولي(Universiti Sains Islam Malaysia, 2022) ;مصباح عّياد مّصباح أّّبوخشيمّMisbah 'Iyad Misbah 'Abu KhasyimThis research focuses on international diplomatic law as one the most important topics in international law. Diplomatic law embodies the practice of international diplomacy and constitutes a fundamental aspect of international law which allows the exchange of representation between countries, provides protection for diplomats, and as a channel to resolve disputes among states diplomatically. Despite efforts in the international legal arena to promulgate legal texts, jurisprudential interpretations, and scholarly writings in the field of diplomatic relations, there are still international crises associated with diplomatic ineffectiveness in contributing to international stability and security. It is submitted in this research that the resolution of international conflicts should be tackled from the perspective of diplomatic law. It has been observed that many of the issues revolve around the parties' unwillingness to use the diplomatic channel to resolve international crises. To avoid war between states, the diplomatic channel should be used more effectively. It is to be noted also that the privileges granted to the permanent powers in the United Nations are one of the issues concerning the effectiveness of diplomatic law. This study examines the subject from the standpoint of Islamic law, highlighting key Islamic principles that can shed light on the legal aspects of diplomatic law. This research examines international legal texts, cases, Islamic law references, and scholarly writings from the perspectives of both international law and Islamic law. This thesis concludes that diplomatic laws are the primary and most effective tool for diplomatic representation and should be prioritized in the pursuit of international peace and stability. The diplomatic law is supported by the general corpus of public international law by granting the diplomatic representation a set of immunities and privileges in order to protect the full performance of their duties, freely and independently, and away from the interference of the receiving states' local authorities.