Accepted Articles

1.   Provisions of Profit and loss sharing in the contract company in Islamic jurisprudence and Kuwaiti and Jordanian corporate laws - a comparative study –

Researcher: Dr. Haneen Mohammad Mansour (principal researcher), Heba Mohammad Mansour (Associate Researcher)

Abstract: The idea of the research is based on explaining how profit and loss are shared in each contract company in Islamic jurisprudence and its rules, how profit and loss are shared in Kuwaiti and Jordanian company law and its rules, and the difference between these rules in jurisprudence and law. The importance of the research reflects the need of researchers and workers in the corporate sector to know the rules of sharing Profit and loss in Islamic jurisprudence. The research aims to know these rules, determine them, compare them with the law, and reach the difference between the rules of sharing profit and loss in jurisprudence and the Kuwaiti and Jordanian companies’ law and compare them. It has followed the inductive, analytical and comparative approach, and among the most prominent results that the researcher reached is that there Important jurisprudential rules on how to share profit and loss in a contract company. It is noted that when jurists discussed profit and loss, they discussed it in the form of rules, and the rules in dividing profit and loss between jurists are almost compatible. It turns out that the Kuwaiti companies law is a modern, expanding law, and has deep views that are consistent with... Reality, its nature and its ramifications, and the rules of profit and loss sharing in the Kuwaiti corporate law. Therefore, the researcher sees the necessity of writing about the rules and regulations in the chapter on companies, which is a rich and important topic. Comparative legal studies are also very useful for researchers and laws to provide them with amendments that researchers can make to provide regulators. With it.

Keywords:  contract company - profit – loss

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2.  Laṭā'if al-Isharat by Al Qushayri (d. 465 AH) in The light of the Quranic Context Theory -Applied Examples

Researcher: ‏ Dr. Sultan Abdullah Mutlaq Al-Azmi

Abstract: This study sheds light on "Laṭā'if al-Isharat" by Al Qushayri, in the Qur’anic context balance, by pointing out some of his contextual examples, and its agreeability with both types of context: narrative and situational. Its importance lies in two aspects: first, it was written by Al-Qushayri being Imam, Faqih, Fundamentalist, Interpreter, Speaker, Grammarian. Second: its subject contains subtle allusions, and precious gestures, on the other hand.

This study concluded that Al-Qushairi motivates both the implied and exlicit contexts in interpreting the verses of the Qur’an, although he may contradict it for his sect inclinations. Moreover, Al- Isharat" by Al Qushayri are considered an acceptable allusion interpretation, which differs from the deviant esoteric interpretation, althouth it involves systematic contextual contradictions enthused by his Sufism tendency. He may be excused because they are fleeting sentiments, rather than an intentional interpretation. So, we will not find, which is the case, a clear weighting with the significance of context other than what can be observed, on one hand. On the other hand, his allusions - far from the his other books - show a relative moderation that is attributable to his intellectual  orgination and environment. Thus, to purify him from impurities is a reason for studying him but not avoiding  reluctance, and God is arbitrator of sucssess.

Keywords: Al Qushairi, Laṭā'if, Allusions, the Qur’an, Context.

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3.    Scientific explanations for the phenomenon of deleting the thousand in the Ottoman drawing -An analytical study

Researcher: ‏ Dr. Saeed bin Abdullah Al Kathiri

Abstract The research aims to highlight the phenomenon of deleting the alif in Qur’anic words, and to clarify the scientific reasons for this deletion away from the distant, undisciplined and unsteady moral interpretations.

The method used is inductive-analytical; By tracing the Qur’anic words in which omissions had a significant impact, then analyzing and studying them; .To realize the practical effect that appears in its structure

Among the most prominent results of the research is that deleting the letter “alif” came; For scientific reasons, it is impossible to enter into guesswork and doubt its credibility, and the omission is a strong influence in determining the image of the words of the Qur’an, and he concluded  .most of the omission came in the letter Alif.

.Keywords: omission, Ottoman drawing, probability of readings, Alif

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4.     Al-tafsir al-Maqsidi of al-Zamakhshari in Tafsir Al-Kashaf

Researcher: ‏ Prof. Odeh Abdullah ( principal researcher), Dr. Talal Awadullah Abu Asbeh (Associate Researcher)

Abstract: The purpose of this study is to examine al-Zamakhshari Intents-Based (Maqasidi) Interpretation in Al-Kashaf. This is to reveal his method of explaining the Qur’anic objectives and the most important features of the Intents-Based (Maqasidi) approach in his Tafsir

Although the Intents-Based (Maqasidi) Interpretation is one of the modern methods by which the contemporary commentators are concerned, this approach appeared to be present in its content in Tafsir Al-Kashaf, even though Al-Zamakhshari did not use it as a term according to the tradition of the later scholars. Al-Zamakhshari revealed the Qur’anic objectives by various means, the most important of which is rhetoric.

Keywords: Interpretation, Maqasid, al-Zamakhshari, Al-Kashaf

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5.  State of firmly-fixed duty and its impact on the legal judgments

Researcher: ‏ Dr. Omar Abdullah Hassan Al-Shihabi

Abstract: The study deals with the state of firmly-fixed duty and the legal judgments resulting therefrom, where it combined the study of fundamentals in the causation rules and the possibility of payment, and jurisprudential study of considering the state affecting the judgment. The firmly-fixed duty is by protection from annulment of the contract or the forfeiture of the whole right of a part thereof, where the fixed matter depends on its nature.

The original rule states that the duty is firmly fixed in the case of proving the cause for the obligation because the effect results from the cause; however, to prove occurrence of the cause of obligation, the firmly-fixed duty is not only required, but there are several cases which the jurists considered to be leading to firmly-fixed judgment of payment because there is no assignment in the case of inability. Moreover, the firmly-fixed case occurs by initiating the duty, giving precedence to the duty before the cause of the obligation occurs, and giving precedence to the duty after its cause and before its condition.

The legal judgments differ according to the state in which the firmly-fixed obligation is considered, so this study is to address this criterion, indicating the branches not falling in the following cases: State of occurrence of cause of obligation, firmly-fixed duty by payment if it occurred prior to the cause of obligation, and firmly-fixed duty in the case of payment, as it may precede the cause of the obligation.

Keywords: duty - obligation - stability - possibility of payment - initiating the duty

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6.  The Term Alnukta (commentary) By The Interpreters, An Empirical Study

Researcher: ‏ Dr. Yazeed bin Abdullatif Al-Khalif

Abstract: This study dealt with the use of the term Alnukta (commentary) by the interpreters, an empirical study, by extrapolating the contexts that mentioned it by the interpreters. It reviews its synonyms, and analyzes it to elicit its outline, features and types. This study this gains its significance from the fact that it identifies the concept of this term used by well-known interpreters. It highlights its synonyms, outline, features and types, which contributes to enrich studies related to the sciences of the Holy Book: the Quran. This research aims to clarify the concept of commentary, highlights its synonyms, clarify its outline and its importance regarding the interpretation of the Holy Quran. It reveals the origin and development of commentary, and the attention given by the interpreters to it. It highlights the types of commentary and its characteristics in the books of interpretation. The research came with certain results. The commentary combines two aspects: t is not definitive and does not refer to definitive evidence; nor is it an interpretation of a certain verse. The emergence of interpretative commentary was during the era of the Companions, may Allah be pleased with them. The first to use the interpretative commentary is Abu Mansour Almatridi (333 AH) in his interpretation. All interpreters have quoted commentary, even if they did not refer to it.

Keywords: Commentary, subtleties, interpreters, interpretation, empirical study

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7.  Migration in the shadows of the Qur'an between reality and hope

Researcher: ‏ Dr. Fayez Hassan Suleiman Abu Amra

Abstract: The issue of immigration is one of the most important topics in this time, which occupied public opinion because of what immigrants are subjected to in terms of killing, rape, wholesale dumping in the seas, disturbance of souls, and groans from immigrants and their families, all of which are heard and seen by the media.

What is happening in terms of emigration and displacement of the people of the Islamic world to the countries of Europe is caused by the ongoing wars in those countries and the extreme poverty, which led to the dispersion of families and children in search of a better and decent life.

Unemployment, which affected groups of young people in the Islamic world, made many children of Muslims migrate in search, which led to the loss of many groups of young people. The reality of the Islamic nation in this time is difficult and bitter for souls.

This research was in the form of a Quranic study of the subject of immigration, which aims to clarify the ruling on immigration from a Quranic perspective, and to clarify the ruling on legal and illegal immigration; Through which the youth aims to leave the lands of Islam and take refuge in the lands of infidelity, as well as the view of religious scholars on migration that destroys the soul, and the effects of legal and illegal migration.

The researcher followed the inductive method.

Keywords: immigration - legal immigration- illegal immigration

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8.  Semantic differences between the terms (Al-Kurh) and (Al-Karh): Studying the miracle of the Qur’an in the use of the term

Researcher: Dr. TUQA MOHAMMED SALEH ROMMAN (principal researcher), Prof. JIHAD MOHAMMAD FISAL AL NUSAIRAT (Associate Researcher)

Abstract: This study examines the semantic differences between the words (Alkurh) and (Alkarh). In the first chapter, the study reviews the linguistic origin of both words, their etymology and morphological connotations. In chapter 2, the study moves to the contextual meaning of each word as it appeared in the Holy Quran. The precise differences between the two words are then explored. The study concludes that the two words are not synonyms and cannot be used interchangeably. Each word has its specific context, meaning and usage.

Keywords: semantic differences, (Alkurh), (Alkarh), inimitability of the Qur'an

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9.   TikTok Application: Sharia Status and Rule of Financial Transactions

Researcher: Mariam Ahmed Ali Al-Kandari

Abstract: This research aims to define the rule of using TikTok Application and rule of its financial transactions.

The researcher adopted the analytical and inductive methodology and the comparative methodology.

The research concluded that TikTok Application may be used, provided sharia rules and controls are observed, and block whoever publishes sharia prohibitions and display immoral videos. Content creators may be materially supported, provided the content is free of sharia prohibitions; otherwise, it shall be banned. TikTok application may receive brokerage, provided the product and content are consistent with the Islamic sharia rules and controls. Points may be gained and replaced subject to compliance with sharia. Transactions and virtual gifts may be purchased as gift to content creators who may win them, provided the content complies with sharia rules. Finally, content creator may not make profit or earn money by challenges in live broadcasting. The money spent by flowers is considered to be waste of money which is not permitted by Islamic sharia.

Keywords: TikTok Application, TikTok, Financial Transactions, challenge

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10.    Governance (Legislation Assessment) of Charitable Institutes, Using the UK as a Case Study

Researcher: Dr. Mizna Adnan Alqaderi

Abstract: The purpose of this study is to extrapolate the governance practices of charitable institutes found in the UK, in order to achieve best practice policies and professional management for charitable institutes in Kuwait. This can be attained by a thorough study of the governance of UK charitable institutes, and thereafter examining if they adhere to the Islamic Sharia. To achieve the objectives of this study, the researcher has adopted different methods: investigative method, comparative method and analytical interpretation method.

The results that have been concluded from this study are: the governance of charitable institutes in the UK is prominent, with seven key principles that it is based on: 1) Organisational purpose, 2) Leadership, 3) Integrity, 4) Decision-making, risk assessment, and control, 5) Board effectiveness, 6) Equality, diversity and inclusion, 7) Openness, and accountability.  It was also found that most of these principles do comply with the framework of charitable work and contracts in the Islamic Sharia framework, thus concluding, that these principles can be beneficial in the overall framework of Kuwaiti governance for charitable institutes.

Keywords: Volunteer sector, Non-profitable foundations, charities, Charity Commission, Great Britain.

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11.   The Origin and Development of the Themes of Positive Rules in the Jurisprudential Hanafic Works: An Analytical Inductive Study

Researcher: Dr. Abdulrahman Sabah Alsawagh

Abstract: This study has dealt with the emergence and development of the themes of positive rules in the jurisprudential Hanafic works. It attempted to extrapolate their positions, analyze them from both sides of the formal arrangement and the substantial approach, and then traced the impact of the Hanafic connection with Kalam based on this arrangement and approach.

The study problem arose from this question: How the themes of positive rules have emerged and evolved throughout the history of the jurisprudential Hanafic writings? This problem has been strengthened by the lack of being encountered by the contemporary jurisprudential research, and for the scarcity of studies -in this field- in general.

The study concluded that the aim of realizing the concept of "Illa" and its differentiation from other positive rules was directed the conceptual and sectional formulation of these rules, in particular, by Al-Dabusi, Al-Bazdawi and Al-Sarkassi. Then, it's still like that until the late Hanafites contacted with Kalam. Due to this contact, the themes of positive rules passed to them from the level of secondary approach, at the end of the analogy section, to the original approach level by including them among the principles necessary to bring the perception at top of the jurisprudential works.

Keywords: Positive Rules, Jurisprudence, Islamic Law, Hanafic.

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12.    The Origin and Development of the Themes of Legal Capacity in the Jurisprudential Hanafic Works and its Impact on Contemporary Jurisprudential Theory: An Analytical Inductive Evaluative Study

Researcher: Dr. Abdulrahman Sabah Alsawagh

Abstract:

Purpose: This study aims to explore the emergence and development of legal capacity themes in jurisprudential Hanafic literature, and to what extent they were influenced by Kalam, and its impact on contemporary jurisprudential theory through critical analysis and evaluation.

Methodology: The study applies an inductive and analytical approach, by tracing the themes of legal capacity and analyzing them from its formality and objectivity.

Findings: The study concluded that the extraction of legal capacity themes from its Fiqh contexts into the Jurisprudential Hanafic framework was initiated by Al-Dabūsī and later settled by Al-Bazdawī and Al-Sarakhsī. The late Hanafis' engagement with Kalam resulted in some changes in terms of formal arrangements of these themes, whereby they were integrated into the larger framework of legal rulings and its related matters. This integration elevated legal capacity themes from a secondary level to a primary level, and even paved the way for some approaches to incorporate them into the main object of Usul Al-Fiqh. However, these changes did not affect the essential content structure of legal capacity themes, as the late Hanafis' works remained within the boundaries set by Al-Bazdawī previously. Moreover, the study concluded that identifying the functional purpose of legal capacity themes is sufficient to determine which themes should remain within the contemporary jurisprudential theory and which should be referred bake to their original source.

Originality: The value of this study lies in its historical investigation of one of the most important themes in Usul Al-Fiqh, as well as in proposing a suggested method for studying legal capacity themes in contemporary Usul Al-Fiqh.

Keywords: Legal capacity; Hanafis; Jurisprudence; Usul Al-Fiqh; Islamic Law.

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13.    Draft law amending Article 198 of Law No. 16 of 1960 Regarding the Penal Code in relation to imitating the opposite sex From Kuwaiti law -Intentional jurisprudence study

Researcher: Dr. Wassan Saad Alresheedi (principal researcher), Dr. Sarah Mutlea Alqahtani (Associate Researcher)

Abstract: The main research idea is to comment on the proposed amendment to Article (198) of Kuwaiti Law No. (16) of the year (1960) regarding criminal law related to resembling the opposite sex. The significance of this research lies in the fact that Article (198), which criminalized resembling the opposite sex, was deemed unconstitutional by the Constitutional Court due to the phrase "or resembling the opposite sex in any way" in the mentioned article. This legal vacuum led a group of Kuwaiti National Assembly members to propose an amendment to the article. This study aims to comment on the Constitutional Court's ruling and to refine the text of the proposed law. The research problem revolves around addressing the legal and jurisprudential issues concerning the Constitutional Court's ruling. It seeks to answer whether it is possible to add certain paragraphs to the proposed law that align with religious principles and contribute to upholding the societal and ethical well-being of Kuwaiti society. The objective of this research is to clarify the meaning of resembling the opposite sex, its criteria, the court's ruling, and consequences for such resemblance, as well as to elucidate the legal and jurisprudential issues surrounding the Constitutional Court's ruling. Additionally, the study comments on the text of the proposed law. The research followed a descriptive and critical-analytical methodology. Among the notable findings are that the legal issues on which the Constitutional Court's ruling was based in nullifying Article (198) could have been resolved by adhering to established rules of constitutional interpretation, without necessarily annulling its constitutionality. The research also suggests refining the text of the proposed law in line with the jurisprudential vision and purposive reasoning. Therefore, the research suggests that the legislative authority should expedite the enactment of the new law criminalizing resembling the opposite sex, taking into consideration the religious observations outlined in the study.

Keywords: Resembling the Opposite Sex, Gender Identity Disorder, Kuwaiti Law, Constitutional Court.

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14.    A foreigner Al-Bukhari’s lawsuit -View and critique

Researcher: Dr. Saad Fajhan Al-Dosari

Abstract: The main idea of the research is to explain the claim that was launched against Al-Bukhari by accusing him of being illiterate, present it and then criticize it. The importance of the research lies in that it relates to the author of the most authentic book among the books of the Prophet’s Sunnah, and that this accusation is among the many accusations that were made against Imam Al-Bukhari and it is false, as it is and others - in fact. - A suspicion that does not rise to clear evidence, and it was said about him in his book Al-Jami’ Al-Sahih, the purpose of which was to overthrow him and his book. The problem of the research is represented in investigating the claim of the ignorant of Al-Bukhari made by the orientalists, by explaining their evidence, the basis of their suspicion, and their purpose in it, with research from the reality of Al-Bukhari’s personality and from the reality of It is authentic in responding to it, and the research aims to explain this suspicion and that its origins are foreign, and that it is weak in Arabic, then respond to it and reveal the falsity of those who said it. That is why the researcher studied all of that, and proved with conclusive evidence the imamate of Al-Bukhari in Arabic, and the integrity of his book from grammaticalism and errors in the language. The nature of the research required that the researcher adopt the inductive and analytical approach, and one of the most prominent results reached by the researcher was to determine the truth of the suspicion that Al-Bukhari was accused of being ignorant and weak in Arabic, and the purpose for which it was launched; This is the way not to invoke the Sunnah of the Prophet in general and the Sahih of Al-Bukhari in particular, and to respond to it while refuting it, and that it is in fact almost false and does not reach sound arguments, and to prove with clear evidence from the reality of Al-Bukhari’s translation that he is a scholar of Arabic, and his authentic book indicates the height of his heel in it.

Keywords: Al-Bukhari - Suspicion - Ajama - Arabic - Sahih

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15.    Ruling on the Increase of the Commodity Price in Exchange For an Increase in the Maintenance Period -An Original Comparative Study

Researcher: Dr. Khaled Salem Al-Azmi (principal researcher), Dr. Mohammad Omar Al-Khalaf (Associate Researcher)

Abstract: The main idea of the study is to explain the ruling on the agreement of the contracting parties on increasing the price of the commodity against an extension of the maintenance period. The importance of the study is represented in the importance of maintenance contracts, its spread in the present era in various types of commodities, and the existence of many cases, in which the buyer desires to increase the maintenance period for the commodity; so, the seller asks him to increase its price against an increase in the maintenance period. The problem of the study is to know the jurisprudence of this agreement between the contracting parties, as it is represented in the statement of the jurisprudential controls in the case of saying that it is permissible. Therefore, the study aims at clarifying the concept of the maintenance contract, its jurisprudential conditioning, and clarifying the ruling on increasing the price of the commodity against an extension of the maintenance period, and the jurisprudential controls related to this issue. The nature of the study necessitated following the comparative, analytical descriptive approach in stating what is meant by maintenance contracts, comparing the sayings of contemporary scholars in its adaptation, applying those sayings to the issue in question and clarifying its image and the sayings of contemporary scholars in its legitimacy and controls. The most prominent findings of the study is that the maintenance contract is a contract between two parties, on which one of them maintains a machine against the commitment of the other party to pay the fee specified for him in the contract, in addition to the validity of the agreement between the two parties to increase the price of the commodity against an extension of the maintenance period. However, we opine that it is necessary to adjust this ruling with some controls, including: The necessity to determine the term of the contract, maintenance periods, number of visits, method of maintenance, and who bears the price of spare parts; in order to prevent and mitigate the ambiguity in the maintenance contract, to the extent that the ambiguity is easy and forgivable; in addition to the steadiness of the contract between the two parties on the period of maintenance and the price of sale.

Key words: Maintenance contract; financial transactions; and commodity guarantee.

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16. Jurisprudential adaptation of the personal shopper's treatment

Researcher: ‏ Dr. SULTAN FAHAD ALKHANNAH

Abstract: The main idea of the research is: Studying the case of the personal shopper in various purchases and clarifying its jurisprudential rulings. The research importance: Shows the jurisprudential provisions of this transaction and shows its effects in the light of the objectives of Islamic law. The problem of the research revolves around the jurisprudential description of the personal shopper's treatment and its suitability to the rules of contracts in Islamic law. The objectives of the research are to identify the concept of the personal shopper and the form of this transaction, as well as to clarify the provisions of the different forms of the personal shopper. As for the research methodology, it follows the descriptive and analytical scientific method, where it collects material related to the research issue, then analyzes this material and deduces from it rulings and results that are useful in bringing the issue closer and defining its characteristics and legal rulings. The research concluded with results, including that through jurisprudential analysis, it became clear that the transaction of the personal shopper revolves around leasing and agency, or their combination together, in most of its forms, and it is a permissible transaction in which there is no Prohibition, as leasing to persons is permissible unanimously, as well as agency, and no prohibition is required by their combination together, and the study recommends By directing research towards new sales processes, especially those related to selling via the Internet and the subsequent methods of payment, delivery and delivery, as well as studying modern payment mechanisms and their equivalents and meanings.

The key words: Shopper - leasing – Istisna "Contract for manufacture"  - agency

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17. The Implications of Insolvency in the Kuwaiti Civil Law” A Comparative Analytical Jurisprudential Study

Researcher: ABDULHADI MEDEITH ABDULLAH ALAJMI

Abstract: The main idea of the research is to state the definition of insolvency and its implications in the Islamic jurisprudence and the Kuwaiti Civil Law in a comparative point of view. The importance of the research lies in showing the significant attention the Kuwaiti Civil Law and the Islamic jurisprudence have paid to insolvency and its implications due to the importance of this matter as it is related to the debts arise from the financial transactions among people. The dilemma of the research is in the Islamic jurisprudence’s point of view towards the implications of insolvency in the Kuwaiti Civil Law? And the research aims to state the definition of term “insolvency” in the Islamic jurisprudence and the Kuwaiti Civil Law, analyze the legal implications arising from insolvency from a jurisprudential point of view, and compare between the same and the Islamic jurisprudence. The nature of the research required me to use the analytic, deductive and comparative approaches. The researcher come to many conclusions, such as that the term “insolvency” in the Kuwaiti Civil Law had varied from the jurisprudential point of view, as the civil insolvency is more similar to bankruptcy to jurists. Also, the legal implications and the days of grace, altogether came correspondent to the Islamic jurisprudence except for some differences that appeared to the researcher. And the researcher sees the importance of amending some of the terms of the Kuwaiti Civil Law and modernizing the system for interdicting the bankruptee in the Kuwaiti Civil Law as per adopted in the bankruptcy declaring system in the Egyptian Civil Law. 

Keywords:  Insolvency - Islamic Jurisprudence - Kuwaiti Civil Law - Bankruptcy