Jordan Journal of Islamic Studies

Basic Rules Related to Obligation – A Contemporary Applied Usūlī Study

Saleh Jaber — 2025-09-02

Objectives: This study aims to clarify the true nature of the usūlī (principles of Islamic jurisprudence) rules related to obligations, to identify and enumerate the most important of these rules, and to highlight their impact on contemporary reality.

Methods: The researcher adopted a descriptive approach, which is evident in describing contemporary issues and presenting the general meanings of the rules. A partial inductive method was also used by tracing scholarly opinions, meanings, and contemporary cases.

Results: The study reached several conclusions, the most prominent of which is the clarification that usūlī rules related to obligations are general rulings that guide jurists in applying what the Lawgiver has commanded in a binding manner. It was found that the rules related to obligation are not limited to the five rules discussed in the study. The impact of these rules was clearly demonstrated in a number of contemporary applications.

Conclusions: The study highlights the theoretical aspect within contemporary practical applications through several cases, including: crowding during the continuity (muwālāt) of ṭawāf (circumambulation), induced abortion before the soul is breathed into the fetus, astronomical calculations, the conflict between the obligation of spending in the cause of Allah and performing the pilgrimage to the Sacred House as a non-obligatory act, and a mujahid killing himself out of fear of disclosing Muslims’ secrets.

Opposites "Taqabul" in the surah that begins with the letters (Alif, Lam and Meem)

Khansaa Jber — 2025-09-02

This study aims to clarify the concept of semantic opposition and to reveal the types and forms of opposition in the Qur’anic chapters that begin with (Alif, Lam, Meem). To achieve this objective, the study relied on the inductive method followed by the analytical method by identifying these oppositions and examining their contexts. The study yielded several results, the most important of which is that semantic opposition in the chapters beginning with (Alif, Lam, Meem) is a stylistic phenomenon deeply rooted within them. The opposition occurs at the level of words and structures, both in binary and multiple forms. The types of opposition evident in these chapters include spatial opposition, temporal opposition, contrastive opposition, symmetrical opposition, and the opposition of non-existence and existence.

Rules of Conflict and Preference between the Original Demand and the Secondary Demand Related to Removing Hardship According to Imam Al-Shatibi: A Contemporary Applied Maqasidic Study

Rawyah Al-Shamayleh — 2025-09-02

Objectives: This study aims to focus on the issue of conflict and preference between the original demand
(al-iqtidāʾ al-aṣlī) and the secondary demand (al-iqtidāʾ al-tibʿī) as mentioned by Imam al-Shatibi in his book Al-Muwafaqāt, with an emphasis on the impact of the secondary demand in contemporary applications.

Methods: The study includes an explanation of the concept of the original demand, which is the general or fundamental legal ruling, and the secondary demand, which involves modifications or specifications imposed by certain circumstances. The research also addresses the rules of conflict and preference related to removing hardship (rafʿ al-ḥaraj), which may lead to prioritizing the secondary demand over the original to best achieve the objectives of Islamic law (maqāṣid al-sharīʿah). The study illustrates, through contemporary applications, how the secondary demand can sometimes be preferred over the original demand to serve public interest and justice.

Results: The study concluded that the secondary demand can be preferred over the original demand when they conflict, based on specific rules that help reach the most appropriate ruling in line with the objectives of Islamic law. These rules consider surrounding factors and new developments to ensure justice and public interest.

Conclusion: The study concluded that the secondary demand may be prioritized over the original demand when they conflict, based on rules that take into account public interest and justice.

Analogical Reasoning (Qiyās Ṭardī) in the Principles of Islamic Jurisprudence and Its Contemporary Applications: Financial and Digital Transactions as a Model

Loiy Alsheyab — 2025-09-02

This study aims to explore the nature of qiyās ṭardī (analogical reasoning) from multiple perspectives: first, by analyzing the term within the context of Islamic legal theory (uṣūl al-fiqh), and second, by examining its role in addressing contemporary issues that lack specific textual evidence. The study investigates the concept of qiyās ṭardī, its legal authority, and its modern applications, particularly in the fields of financial and digital transactions. Qiyās ṭardī is considered one of the fundamental sources used in deriving Islamic legal rulings, especially in cases where there are no clear texts from the Qur’an or the Sunnah.

The study concludes that the term qiyās ṭardī varies significantly among scholars of uṣūl depending on their classifications and interpretations. Moreover, qiyās ṭardī plays a significant role in expanding the scope of legal applications and structuring rulings in accordance with established Sharīʿah principles. The research also presents applied models of qiyās ṭardī in digital financial transactions, highlighting its vital role in this area.

The Jurisprudential Preferences of al-ʿAllāmah Qarah Sinān (d. 852 AH) in the Book of Fasting from His Work Riʿāyat al-Wiqāyah Sharḥ Wiqāyat al-Riwāyah: A Comparative Study

Youssef Hama Baqi — 2025-09-02

The study focuses on a scholar from the Ḥanafī school of jurisprudence, highlighting his scholarly status among jurists, as well as the significance of his book and the original source upon which he based it. It also provides a comprehensive account of his methodology in authorship and his jurisprudential preferences regarding fasting.

Objectives: Studying jurisprudential issues related to fasting is an intellectual journey that contributes to strengthening a Muslim's faith, enhancing their religious awareness, and helping them become a good role model within their community.

Method: The study adopts a comparative approach by identifying the expressions used in his juristic preferences, clarifying his opinion on each issue, comparing it with the positions of other schools of thought, discussing their evidence, and stating the preferred opinion.

Results: Qarah Sinān was a Ḥanafī jurist known by two titles: "Sīnān al-Dīn" and "Qarah (or Qarā) Sinān." He was also attributed with two nisbahs: "al-Turkī" and "al-Rūmī." His book is of significant value due to the importance of its base text (Wiqāyat al-Riwāyah) in the Ḥanafī school. Most of the sources he relied on in his work remain unpublished and unedited. He predominantly employed rational evidence in his arguments and used specific expressions to indicate his preferences. His juristic choices in the chapter on fasting generally remained within the Ḥanafī school, although he sometimes cited the opinions of Imams Mālik and al-Shāfiʿī to support his views.

The Impact of Attributing Causes to Legal Rulings in the Ḥanafī School: An Applied Uṣūlī Study

Husni Al-Dlain — 2025-09-02

The study aimed to investigate the effect of adding ‘ʿillat (legal reasons), causes, or conditions to rulings and the extent of their influence in usage among the Usul scholars in directing the ruling and clarifying the meaning in the branches of the Hanafi school. The study followed the descriptive method by describing the original basis, the analytical method by categorizing the issues, and the deductive method by examining the original basis of the ruling. The study concluded that the effect on the ruling differs depending on whether it is added to a complete and true ʿillah, as opposed to a ruling added to an incomplete ʿillah or to a ‘cause of the ‘illah. It also clarified the impact of linking the ruling to the ‘illah in the branches according to the Hanafis. The study emphasized the importance of studying the rules of adding ‘illat due to their effect on directing rulings.

Satan and the Source of Evil in Christian Theology and Its Relation to Jewish Religious Thought

Mohammad ALQudah — 2025-09-02

This study explores the concept of the source of evil in Christian theology and its connection to Jewish religious thought, addressing one of the central theological dilemmas: the problem of evil. Focusing particularly on the role of Satan, the research analyzes Christian theological perspectives to determine the primary sources of evil, which are identified as threefold: God/the Father, human beings—through inherited sin and the desires of the soul—and Satan—through deception, temptation, and cunning. The study further reveals that Christian theology has been significantly influenced by Jewish religious thought, particularly concerning the origin, status, abilities, and titles attributed to Satan.

The Proof of Occurrence between the Ashʿarites and the Athari School

Khalid Tarteer — 2025-09-02

This research aims to clarify the meaning and significance of the proof of occurrence (dalil al-huduth) according to the Ashʿarites in proving the existence of Allah Almighty, and to present the response given by the Athari or Hadith school regarding their method of inference. The research problem is represented by the following questions: What is the proof of occurrence that the Ashʿarites used to argue for the existence of Allah Almighty? What is the proof of innate disposition (dalil al-fitrah) that the Athari school used to prove the existence of Allah Almighty? How did the Athari school critique the Ashʿarites regarding the proof of occurrence?

By adopting the analytical deductive method and the critical comparative method, the research found that the Ashʿarite scholars paid great attention to the proof of occurrence in affirming the existence of Allah Almighty. They typically began their theological works by discussing this proof, formulating it according to the rules of the logicians, and supporting it with verses from the Qur’an and Prophetic traditions. On the other hand, the Athari or Hadith school did not focus on the proof of occurrence or discuss it; they viewed the knowledge of Allah Almighty as an innate, natural matter that does not require rational proof but rather indication. They responded to the Ashʿarites by asserting that the approach of the Prophets was to call to the oneness of Allah Almighty, not to provide logical proof of His existence as done by the logicians.

The Ruling on the Loss of a Mother's Right to Custody of Her Child Due to Marriage in Light of the Hadith "You are more entitled to him as long as you do not marry": A Comparative Maqasidic Jurisprudential Study with the Jordanian Personal Status Law

Abdelmahdi Al-Ajlouni — 2025-09-02

This research, titled "The Ruling on the Loss of a Mother’s Right to Custody of Her Child Due to Her Marriage in Light of the Hadith ‘You are more entitled to him as long as you do not marry’ — A Comparative Maqasidic Jurisprudential Study with the Jordanian Personal Status Law," aims to clarify the effect of the mother’s marriage on the termination of her custody, to present scholars’ opinions on the issue, and to understand the scholars’ interpretation of the hadith (You are more entitled to him as long as you do not marry) in light of the higher objectives (maqasid) of Islamic law.

The researchers adopted the inductive method by tracking the texts and rulings related to this topic, as well as the analytical method based on analyzing these texts and extracting rulings from them.

The research concluded that the primary objective of custody is to achieve the best interest of the child. The Jordanian Personal Status Law agrees with Islamic jurisprudence in this regard. This principle is evident both in the ruling that the custody of a married mother is terminated and in the recognition of the right of a married mother to custody in some cases. Moreover, it recognizes that granting custody to the mother is not an absolute ruling applicable in all cases, and that the custody of the mother is not generally terminated due to marriage.

Behavioral Nudging, Its Directions, and Its Impact on Economic Efficiency

Ibrahim Obadah — 2025-09-02

Objectives: This study aimed to address the topic of behavioral nudging and its impact on economic efficiency, as well as the role of Islamic financial institutions in enhancing it. Behavioral nudging has increasingly asserted itself globally today, and Islamic economics can make a genuine contribution to it due to the intersection of many of its principles with those of nudging.

Methods: To achieve the research objective, the descriptive method was used to present and ground the concepts related to the study. The deductive method was also employed to establish the specific guidelines of behavioral nudging, its impact on economic efficiencies, and its relation to Islamic finance. The study proposed the following hypothesis: that the regulations of Islamic economics have an effect on modifying economic behavior.

Results: The study found that behavioral nudging primarily concerns restoring consumers, savers, and investors to a state of economic prudence amid the expansion of marketing spaces through vast technological platforms, which overwhelm individuals and society with a large volume of goods and services without the ability to discern beneficial from harmful. Behavioral nudges serve to adjust this behavior. Additionally, the media plays a major role in shaping and reshaping mental images. On the other hand, there is a real need to spread Islamic banking and saving awareness, and the behavioral nudging unit plays a direct role in this.

Conclusion: The study concluded that it is necessary to link consumer and saving culture with religious commitment, legal compliance, people's purchasing power, and their actual needs for goods, rather than mere imitation of others, through means of advocacy, guidance, and media. It recommended adopting the behavioral nudging approach by banks and Islamic financial institutions and establishing a unit dedicated to studying customer behavior.

The Unity of Evidence and the Reflection of Its Reasoning in the Chapter of Suretyship: A Comparative Jurisprudential Study

Mohamed Muqdadi — 2025-09-02

This study aims to clarify the concept of unified evidence and the reflection of its reasoning in the chapter of suretyship (kafālah), to analyze the opinions of juristic schools, and to explain their respective justifications in pursuit of the most valid interpretation.

The study comprises a preliminary section, two main sections, and a conclusion. The preliminary section addresses the definition of unified evidence and the reflection of reasoning based on evidence. The first section discusses the nature of the suretyship contract, while the second section tackles the knowledge of the object of surety.

The study adopts a descriptive methodology based on induction, analysis, deduction, and comparison by examining the relevant legal texts related to suretyship and comparing juristic opinions to determine the soundest view.

The study concludes that the unity of evidence refers to the agreement of two or more parties in reasoning based on the same piece of evidence, and that there are cases within the field of suretyship where the evidence was unified, but the jurists differed in interpreting it—these cases were thoroughly examined.

Family Bonds in the Household of Abu Talha Al-Ansari: Their Significance According to the Hanbalis and Importance in Light of Jordanian Legislation

Mohammad Alhelalat — 2025-09-02

Objective: This study aims to address the weakening of family ties in contemporary societies by examining the model of familial bonds within the household of the Companion Abu Talha Al-Ansari, and by deriving methods to strengthen these bonds according to the Hanbali perspective.

Methods: The research adopted various scientific approaches, including induction, analysis, and analogy, to highlight the most significant familial bonds and their impact—such as tribal ties, marital relations, siblinghood, and religious affiliation—in addition to educational and economic bonds.

Results: The results indicate that these bonds can be reinforced through multiple means, such as strengthening lineage, procreation, righteous role modeling, family education, minimizing complaints, and the gifting of benefits. The study emphasizes the role of religion and law in supporting family ties and highlights the contribution of Islamic legislation in regulating emerging relationships, such as national and labor affiliations, and in prohibiting harmful phenomena like cohabitation.

Conclusion: The study recommends conducting similar research on other family models to enhance comprehensive understanding of familial bonds in Islam and to utilize them in addressing contemporary social challenges.