Dirasat: Shari'a and Law Sciences

The Right of the Lessor to Reclaim the Leased Property under a Financial Leasing Contract in Accordance with Palestinian Law: A Comparative Study with Jordanian and Egyptian Law

Amjad Subhi Taher Qabaha — 2025-05-25

Objectives: This study examines the legal framework governing the lessor’s right to reclaim leased property under financial leasing contracts in Palestinian law, comparing it with the provisions in Jordanian and Egyptian legislation. It analyzes the mechanisms for property reclamation upon contract expiration and the legal procedures required for termination due to breaches. The study also explores the lessor’s obligation to notify the lessee of any violations leading to contract termination and the formal requirements for reclaiming the leased property.

Methods: The research employs an analytical and comparative approach, examining the relevant legal provisions in Palestinian, Jordanian, and Egyptian law to identify similarities and differences in the regulation of financial leasing contracts.

Results: The findings indicate that Palestinian law provides specific legal provisions for financial leasing contracts, distinguishing them from other types of agreements regarding property reclamation. The law grants contractual freedom to both parties, allowing flexibility in defining terms. Additionally, it outlines distinct litigation procedures for reclaiming leased property, ensuring alignment with the unique nature of financial leasing contracts.

Conclusions: Palestinian law establishes a structured legal framework for financial leasing, balancing the rights of both lessors and lessees. It incorporates specific provisions for reclaiming leased property while allowing contractual flexibility. The study highlights key differences and similarities between Palestinian, Jordanian, and Egyptian legal frameworks, offering insights for legislative improvements and harmonization.

The Legal Framework for Seizing Tradable Shares and Bonds in the Stock Market: An Analytical Study under Jordanian Law

Qais Faisal Ahmad Al-Frehat — 2025-08-27

Objectives: This study highlights the legal framework governing the seizure of negotiable shares and bonds as a means to satisfy creditors’ claims from the debtor’s assets held by third parties. It emphasizes the importance of these financial instruments in supporting economic activities and providing guarantees for creditors, which necessitates precise legal regulation. The research presents the legal nature of these securities under Jordanian law, analyzes the legal provisions regulating their seizure, and evaluates their adequacy in balancing the rights of creditors and debtors.

Methods: The study adopts a descriptive-analytical approach to examine Jordanian legislation related to the seizure of shares and bonds by analyzing the relevant legal texts and assessing their practical effectiveness.

Findings: The study found that the legal rules governing the seizure of shares and bonds differ from those applied to other assets due to their negotiable nature. Consequently, their sale must be conducted through the Securities Commission and the Amman Stock Exchange, rather than through public auction by the Execution Department as is customary for other assets. Moreover, the current legal framework does not comprehensively address all practical and procedural aspects of seizing shares and bonds.

Conclusion: The study recommends amending Jordanian legislation to establish a clear legal framework that reflects the nature of shares and bonds as negotiable financial assets. It also calls for revisions to the seizure provisions in the Execution Law to close existing gaps and ensure the protection of the rights of all parties involved.

Public Administration and the Evolution of Administrative Law: From Institutional ‎Logic to Organizational Logic

Mohammed Erraou — 2025-07-03

Objectives: This study explores the transformation of public administration and administrative law from an institutional logic to an organizational logic in response to globalization and the diffusion of liberal economic values. It aims to analyze how this shift, driven by New Public Management (NPM), has affected traditional administrative law frameworks, particularly in countries with specific administrative legal systems and jurisdictions.

Methods: A conceptual and comparative approach was employed to examine the evolving relationship between administrative law and public administration. Relevant literature and legal frameworks were reviewed to assess how managerial principles have influenced administrative reforms and reshaped the roles of legality, public-private boundaries, and judicial oversight.

Results: The findings reveal that the traditional application of administrative law—rooted in the principle of legality—has increasingly been adapted or replaced by managerial models emphasizing flexibility, efficiency, and profitability. Many countries have restructured their public sectors according to NPM principles, resulting in significant changes to public management practices and judicial control mechanisms within administrative jurisdictions.

Conclusions: Administrative law now faces the challenge of reconciling managerial rationality with foundational legal principles. The shift from institutional to organizational logic has significant implications for governance, especially in legal systems that maintain distinct administrative courts and laws. Effective integration of these managerial models requires a careful balance to preserve public interest and legal accountability.

Contemporary Medical Applications of Jurisprudential Rules Relevant to Harm

Maryam Abdul Rahman Al-Ahmad — 2025-05-22

Objectives: This study aims to explore contemporary medical applications related to Islamic jurisprudential rules on harm. It seeks to highlight the role of these principles in addressing modern medical issues and shaping ethical medical practices in accordance with Islamic law.

Methods: The study adopts both an inductive and analytical approach. It is structured into two main sections: the first addresses the theoretical foundations of harm-related jurisprudential rules, while the second examines their contemporary medical applications.

Results: The study reveals several key findings, notably that any medical practice leading to widespread harm is prohibited under Islamic law. This includes the monopolization of medical devices and unqualified medical practice, which justifies placing incompetent doctors under guardianship. The study also emphasizes the necessity of integrating Islamic jurisprudence into medical ethics education.

Conclusion: This research examines contemporary medical applications of jurisprudential rules on harm, focusing on the fundamental principle of "harm must be removed" and its derived sub-rules. The study underscores the importance of establishing a comprehensive framework for medical jurisprudence and consolidating scattered rulings related to harm in the medical field.

Jurisprudential Controls for the Use of Artificial Intelligence: A Practical Study of "Chat GPT" as a Model

Falasteen Farag ALafaghani — 2025-06-01

Objectives: The study aims to clarify the reality of "Chat GPT" technology, its operational nature, and the general jurisprudential controls for its use. It also explores the jurisprudential controls specific to the "content," "user," "developers," and "programmers," while testing the validity and accuracy of its data in fields such as Fatwa issuance, translation of Sharia texts, and Hadith sciences. A practical applied test was conducted to evaluate this technology and validate the study’s findings.

Methods: The study utilized inductive, analytical, and applied approaches by inducting the scientific material, analyzing it, and conducting a practical applied test in selected areas of Sharia sciences.

Results: The study found that a balanced approach, considering both benefits and harms, is essential for the use of this technology. It concluded that fatwas should not be taken from "Chat GPT," as it does not meet the necessary conditions for a Mufti. The translation of Sharia texts lacks the jurisprudential depth required, and weaknesses were identified in the knowledge and understanding of the system, particularly in Hadith sciences regarding narrations and chains of transmission.

Conclusions: The invention of a technology like “Chat GPT” is important, but its development should follow Sharia principles and recognized guidelines. This would allow Muslim youth to use the technology in a manner consistent with Sharia controls.

Family Administration "Al-Qiwama" between Sharia Concept and Modernity Concept: A Comparative Analytical Fundamental Study

Sarah Metlea Al-Qahtani — 2025-06-01

Objectives: This study aims to clarify the legal foundation (manāṭ) of qiwāmah (male guardianship) in Islamic law, explore contemporary interpretations of the concept, and assess the influence of modernity on its reinterpretation—highlighting methodological flaws and fallacies in modernist approaches.

Methods: The study employed a descriptive method to define qiwāmah and its foundation, an inductive method to trace the shifts in modern interpretations, an analytical method to examine their causes and motives, and a comparative method to identify the fallacies and issues in modernist thought.

Results: The results showed that modernity influenced the interpretation of qiwāmah in two ways: a reformist approach aimed at updating Islamic rulings, and a modernist approach that aligns qiwāmah with secular, global values. The study also identified fallacies in modernist interpretations, such as hasty generalization and misapplication of foundational principles, as well as methodological issues like limited sources of knowledge, interpretive relativism, and contradictions between goals and outcomes.

Conclusion: While modern interpretations of qiwāmah have been shaped by the intellectual framework of modernity, it is essential to distinguish between interpretations that align with divine intent and those that deviate from it. The study recommends regulating modernist-influenced jurisprudential views to safeguard the integrity, justice, and universality of Islamic law.

Ethical Standards of Artificial Intelligence from the Perspective of Islamic Economics

Amjad Salem Lataifeh — 2025-06-11

Objectives: This study aims to shed light on the ethical standards of Artificial Intelligence (AI) from an Islamic economic perspective. The subject is addressed through three main sections: the first defines the concepts of ethics and AI, the second outlines the ethical standards related to AI technologies, and the third provides an Islamic economic evaluation of these standards.

Methods: The researchers employed a descriptive method to examine texts related to AI ethical standards in terms of their essence, forms, and classifications. Additionally, an analytical approach was used to extract the key Islamic ethical standards applicable to AI technologies and explore how these technologies can be harnessed to serve the economy and society while remaining consistent with Islamic values and principles.

Results: The study finds that AI is a field of science focused on developing intelligent machines and software capable of performing tasks traditionally carried out by humans. The Islamic legal ruling on AI technologies depends on their appearance and intended use. If developed for impermissible purposes, they are deemed unlawful. However, if used for purposes that benefit individuals and the Muslim community - such as education, healthcare, or sustainable development - they are considered permissible. This permissibility is conditional upon the application of ethical standards, including humanity, inclusivity and justice, privacy and transparency, and responsibility and accountability.

Conclusion: The scientific contribution of this study lies in its emphasis on the importance of aligning AI technologies with Islamic ethical standards. It highlights a consensus among Muslim scholars on the need to employ AI in ways that benefit the Islamic nation, promote justice, and serve human dignity without violating rights or core Islamic values.

Proof by Digital Signature in Smart Contracts Using Blockchain Technology: A Comparative Study between Islamic Jurisprudence, the Jordanian Electronic Transactions Law, and the Evidence Law

Hayel Abdel Hafeez Yousef Daoud — 2025-06-11

Objectives: This study aims to examine the position of Islamic jurisprudence, the Jordanian Electronic Transactions Law, and the Jordanian Evidence Law regarding the use of digital signatures as a means of proof in smart contracts executed through blockchain technology. These developments represent novel legal and technological issues that require clarification from an Islamic legal perspective.

Methods: To achieve the study’s objectives, the descriptive, inductive, and analytical approaches were employed.

Findings: The study arrived at several key findings, most notably that Islamic jurisprudence has long established methods of proof in financial transactions, both at the initial agreement stage and in cases of dispute to safeguard rights. Digital signatures are considered a valid form of written proof and thus can be used to authenticate contracts. As an innovative method for validating and documenting smart contracts conducted via blockchain, the digital signature relies on the use of public and private keys. This transforms traditional written and signed agreements into a format encoded in modern programming languages, which can be interpreted and decrypted by participants within the blockchain network.

Conclusion: The study offers several recommendations, including the incorporation of specific legal provisions within both the Jordanian Electronic Transactions Law and the Jordanian Evidence Law to regulate these technologies and ensure the protection of rights and proper documentation of obligations. Alternatively, a new law could be enacted under the supervision of the Ministry of Digital Economy and Entrepreneurship in Jordan to comprehensively regulate these technologies from technical, contractual, legal, and judicial perspectives.

Muslim Youth and the Challenges of Asylum and Migration in Western Countries and Ways to Face Them From the Point of View of Islamic Jurisprudence Applied Models

Sewar Ahmed Hussein Ananbeh — 2025-06-26

Objectives: This study seeks to explore the challenges faced by Muslim youth in the context of migration and asylum, and how these challenges can be addressed from the perspective of Islamic jurisprudence. It aims to categorize the types of migration, examine the underlying causes, identify key challenges, and propose religiously grounded responses and solutions.

Methods: The study employed both inductive and analytical methods. It involved surveying relevant scholarly material, analyzing Islamic juristic opinions, and reviewing international conventions and treaties related to asylum, refugees, and their rights.

Results: The study concluded that migration and asylum are driven by various factors, including political, social, and economic pressures. The challenges encountered by Muslim youth in Western countries vary depending on these motivations. Islamic jurisprudence and scholarly councils have addressed concerns such as the risk of losing Islamic identity or religious commitment when residing in non-Muslim countries or acquiring their citizenship. These were met with legal allowances for residence in such contexts in cases of necessity or urgent need. Another major challenge is the education of Muslim children in Western environments. The response emphasized the need to train qualified educators in Islamic universities, colleges, and schools to instill a strong sense of Islamic identity and moral values in Muslim youth.

Conclusion: To effectively address these challenges, the study recommends the development of nurturing educational environments as alternatives to morally compromising settings. It also advocates for increasing the number of lectures and training workshops aimed at promoting educational and religious awareness among Muslim youth.

Jurisprudential Controls Extracted from the Text of Wiqayat Al-Riwayah in the Chapter on Mortgage

Areej Amin Al Shdeifat — 2025-06-29

Objectives: This study highlights Burhan al-Sharia’s careful, concise yet precise style in Al-Wiqaaya, a key text in the school of thought. It then extracts rules on pledge (al-rahn) from the text, clarifies their meanings, supports them with textual and rational evidence, proves them through legal reasoning, and discusses their main applications and exceptions.

Methods: This study relied on an inductive, deductive, and analytical approach to extract the most prominent rules of pledge from Al-Wiqaaya. The second part involved an inductive and analytical method by surveying applications of these rules in the books of the school of thought, uncovering any exceptions if present, and analyzing their relation to the rules.

Results: The study showed that the pledge has specific rules governing most of its rulings. The author’s precise and concise wording made these rules accessible. The study identified twelve jurisprudential rules related to the validity and obligation of the pledge contract, rules concerning the pledge and pledged item, its disposition and preservation, as well as its generation, entitlement, guarantee, and annulment. It also revealed applications of these rules along with any exceptions.

Conclusions: The high importance of this text lies in its precise definition of jurisprudential meanings. This study extracted key rules on the pledge’s validity, disposition, preservation, generation, guarantee, and annulment, which are useful for jurisprudential studies and rulings on contemporary forms of pledge.

Jordanian legislations about medicine protection, a foundational jurisprudential study

Feras Hammoud ElManaseer — 2025-08-27

Objectives: This study examines Jordanian legislation related to pharmaceutical protection, focusing on laws governing drug monopolies, quality assurance, and regulatory oversight within the framework of Islamic jurisprudence. The researcher adopts an inductive approach by tracing the legal provisions concerned with pharmaceutical protection, particularly those embedded in consumer protection laws that regulate the production, distribution, and consumption of pharmaceuticals. These laws are then analyzed in light of Islamic legal principles and jurisprudential foundations.

Methods: The study employs both descriptive and analytical methodologies. The descriptive method is used to comprehensively outline the legal framework surrounding pharmaceutical protection, while the analytical method is applied to critically examine relevant legislation in order to propose effective solutions for enhancing drug safety. This approach aims to mitigate the risks of fraud, counterfeiting, and manipulation that may occur throughout the drug’s lifecycle from production and storage to marketing and distribution.

Results: The study finds that the protection of pharmaceuticals is primarily achieved through state-imposed regulations that ensure the safety and efficacy of drug products. These include requirements for pharmaceutical manufacturing companies, consumer protection measures, and laws aimed at preventing monopolistic practices within the pharmaceutical sector.

Conclusions: The study concludes that such protections are grounded in Islamic jurisprudence, particularly in legal texts that prohibit monopolistic behavior and by analogy to the prohibition of food hoarding. This alignment underscores the ethical imperative of safeguarding public health.

Separation Between Spouses if One of Them Refusing to Convert to Islam: A Comparative Jurisprudential Study of the Jordanian Personal Status Law of 2019"

Raed Ali Muhammad Al-Kurdi — 2025-08-01

Objectives: This study aims to clarify the legal implications of the marriage contract when both spouses—or only one of them—convert to Islam. It also seeks to outline the procedures followed in such cases and to determine the type of marital separation that takes place when one spouse refuses to embrace Islam.

Methods: The study adopted both the inductive method and the comparative dialogical method. It examined the views of Muslim jurists on the relevant issues and compared them to identify the stronger opinion. It also compared the jurists’ positions with the stipulations of the Jordanian Personal Status Law.

Results: The marriage contract remains valid if both non-Muslim spouses convert to Islam together. It also remains valid if only the husband converts to Islam and his wife is from the People of the Book. However, the contract is annulled if the husband converts to Islam and his wife is not from the People of the Book. Likewise, the contract is annulled if the wife converts to Islam and her husband rejects Islam after being invited to accept it.

Conclusion: The study concludes that the marriage contract remains valid when both spouses convert to Islam, or when only the husband converts, and his wife is from the People of the Book. However, separation becomes necessary if the husband converts and his wife is not from the People of the Book, or if the wife converts and her husband refuses Islam. In such cases, separation is considered an annulment (faskh), not a divorce