Jordan Journal of Islamic Studies

The Problem of Citizenship and the Question of Social Rights for Muslims in France

Noof Al-Thani — Tue, 28 May 2024 00:00:00 +0200

This study presents a definition of the problem of Muslim integration in the French public sphere, including the policy of discrimination between Muslim and non-Muslim citizens. It discusses a series of racist practices that have led to the suppression of the religious and social rights of Muslims in France. The study poses a general question: What is the situation of Muslims in France, and what is the nature of their citizenship in French? This question addressed in four sections covers: firstly, citizenship in the French manner; secondly, the dilemma of citizenship for Muslims in France; thirdly, the social status of the Muslim community in France; and finally, the arguments of the far-right against the social participation of Muslims. Using a descriptive approach, the study concludes that the citizenship of Muslims in France faces a real dilemma despite the widespread media propaganda about the fairness of French official policy towards the rights and social roles of Muslims.

The Doctrinal Manifestations of Extremism among Jews

Sharehan Alkhattab, Raed Matrouk, Mahmoud Khalaf, Joman Al-Shaboul — Tue, 28 May 2024 00:00:00 +0200

The phenomenon of religious extremism is one of the most dangerous intellectual phenomena that arise in the religious domain. It is an ancient yet contemporary phenomenon, as it has begun to manifest itself in our current era across various religions. The Holy Quran has provided a historical dimension to the roots of extremism among the People of the Book, namely the Jews and Christians, through Quranic verses that illustrate the elements of this phenomenon and how to deal with it in terms of intellectual and doctrinal aspects. Hence, this research aims to shed light on the phenomenon of religious extremism, taking doctrinal extremism within some Jewish sects as an example. The research concludes that religious extremism is a global phenomenon not specific to any religion. Additionally, doctrinal extremism, in its first type, has been evident in certain teachings of the Jewish religion.

The Impact of Financial Risks on the Profitability of Absolute Investment Account Holders in Jordanian Islamic Banks: The Moderating Role of Market Share

Laizer Hjahja — Tue, 28 May 2024 00:00:00 +0200

This study aimed to test the impact of financial risks on the profitability of absolute investment account holders in Jordanian Islamic banks and the moderating role of market share. The study used a descriptive and analytical approach, relying on data from the Jordanian Central Bank statistics and annual reports of a sample comprising (3) banks for the period between (2012-2021 AD). Financial risks were measured through credit risks, liquidity risks, and capital risks, while market share was treated as a moderating variable. The profitability of absolute investment account holders was measured through deposit returns. The study found variability among Jordanian Islamic banks in the profitability of absolute investment account holders. The results showed no significant impact of financial risks (liquidity risks and credit risks) on the profitability of absolute investment account holders. The impact was confined to capital risks. The study recommended Islamic banks to increase regulatory capital and enhance market share, both in terms of funding sources (deposits) and providing a financing mix suitable for various investment sectors.

Ibn Taymiyya and Divinities: A Critical Study of the Concepts of Affirmation, Anthropomorphism and Sense Organs

Hasan Alkhattaf — Tue, 28 May 2024 00:00:00 +0200

One of the distinctive features of Ibn Taymiyyah's approach to theology is his understanding of ambiguous texts involving anthropomorphic expressions, such as Al-yad "hand" and Al-Istiwaau "ascension." Hence arises the problematic aspect of the study, represented by the principal question: What are the characteristics that distinguish Ibn Taymiyyah's understanding of divine attributes from others, earning him such renown? The reason for this choice is to answer the previous question and its ramifications. The significance of the study lies in uncovering the foundations of Ibn Taymiyyah's understanding of attributes, and whether this understanding aligns with the issue of divine transcendence from resembling created beings. To achieve this, several methodologies were pursued, notably: the inductive approach, the descriptive approach, and the critical approach. The aim of the study is to reveal this understanding, which differs from others. The study concludes that his understanding of attributes is based on three pillars: affirmation, anthropomorphism, and sense organs. The intended meaning of affirmation is to negate all metaphorical meanings accepted by the text. The intended meaning of literal interpretation is that the hand and the face are entities in themselves, necessitating corporeality. Although he does not expressly affirm corporeality, he never categorically denies it. The study recommends examining the aspects of the methodology adopted by Ibn Taymiyyah in his understanding of attributive reports, in which he diverged from others.

Unusual Legal Appeals for Grievances Against Shari'a Judicial Rulings as Practiced by Jordanian Shari'a Courts

Osamah Aljawarneh — Tue, 28 May 2024 00:00:00 +0200

This research sheds light on a legal-judicial-Shari'a issue as practiced by the Jordanian Shari'a courts. It is about the issue of legal appeals in judicial rulings according to the Jordanian Shari'a Litigation Principles Law No. 31 and its amendments until 2016. This was done by following the inductive and applied analytical methodologies. The study includes two topics and branches. First, it defines the rulings and decisions, their types, and clarifies the importance of judicial jurisprudence and the extent of its obligation to the parties. It also introduces the nature and reality of appealing against judicial rulings, showing the legitimacy of appealing against a judicial ruling, the jurisprudential basis for appealing a judicial ruling. The study also points out unusual appeals in Jordanian Shari'a law, which are third-party objections and retrials, in addition to appeals through the Supreme Shari'a Court.

Prevention of loss in Mudarabah Sukuk Philosophical: Jurisprudence Study

Sawsan Al-Ajami, Magdy Ghaith — Tue, 28 May 2024 00:00:00 +0200

The aim of this paper is to clarify the major reasons for losses, prevention methods, and ways to address them by employing a descriptive-analytical approach. The paper initially discusses the concept of loss and its types, and primarily focuses on the causes of loss in Mudarabah Sukuk and ways to prevent and address them. The results of the study suggest that trading in Sukuk is a type of liquidity management and hedges against losses and disperses risks. The paper also recommends the establishment of a market for Islamic securities and the development of a legislative framework to address losses and prevent the collapse of its institutions.

The Internal Determinants of Cost Efficiency in Jordanian Islamic Banks

Qusai Sindiani, Abdullah Albadreen — Tue, 28 May 2024 00:00:00 +0200

The study aimed to identify the internal factors affecting cost efficiency in Jordanian Islamic banks for the period (2012-2021). The study expressed cost efficiency through the expenses-to-revenue ratio as a dependent variable. The independent variables were the return-on-assets ratio, return-on-deposits ratio, capital adequacy ratio, ownership rights-to-assets ratio, fixed capital cost ratio, labor costs, and bank size. The study used a descriptive-analytical approach, where data stationarity was tested, and the Autoregressive Distributed Lag Model (ARDL) was employed to determine the effect of independent variables on the dependent variable. The study found a statistically significant positive impact of the capital adequacy ratio, ownership rights-to-assets ratio, and fixed capital cost ratio. It detected a negative effect of labor costs and found no statistically significant differences in the return-on-assets ratio, return-on-deposits ratio, and bank size on cost efficiency in Jordanian Islamic banks. The study recommended working to enhance cost efficiency by improving resource distribution, enhancing technical proficiency, and refining the banks' inputs, thus increasing their competitiveness and profitability.

A Reading in History of the Jews and its Impact on Religious Thought

Khalid Tarteer, Moh’d Al-khateeb — Tue, 28 May 2024 00:00:00 +0200

The aim of this research is to elucidate the history of the genesis of Judaism and the impact of this history on its followers. The problem of research was represented in the following questions: What is Judaism, how did it originate, and who are its followers? What are the most significant historical events that have affected the formation of Jewish identity? What is the impact of history in forming Jewish religious thought? Through the researcher's adoption of the historical method and the analytical deductive method in his research, it appears that: Judaism is the oldest religion that its followers – according to their claim – belong to Abraham, which is still alive to this day, with millions of followers worldwide, primarily located in occupied Palestine, America, and parts of Europe.

Jews have several names: Hebrews, Israelites, and the people of Moses, and they claim descent from Jacob and his twelve sons. They also claim lineage from Abraham, from whom they are distinct. The history of the Jews, through which they have passed many stages, was the main factor in forming Jewish religious thought. Judaism is based more on nationality and history than on doctrines, which have seen many changes over the ages. The writing of the Torah did not take place in the time of Moses, but after several centuries, in the time of Ezra and the priests after returning from Babylonian captivity. Zionist movements were built on the idea of the national union of Jews in Palestine after they faced significant persecution in Europe, as they claim. A Protestant Christian trend supporting the Jews emerged, asserting their right to return and occupy Palestine. This Jewish-Protestant alliance continues to exist.

The Totemism Hypothesis in the Origin of Religion: A Critical Study in the Light of the Islamic Faith

Hala Alhussien, Moh’d Al-khateeb — Tue, 28 May 2024 00:00:00 +0200

This study discussed the totemic hypothesis in the origin of religion using a descriptive critical approach. It included an analysis of the fundamental concepts it used, the methodology followed, and its most notable results, presenting a methodological scientific critique of them. The study revealed that Durkheim's hypothesis is based on the concept of religion in its social dimension, which is based on the existence of the sacred in society, and on the concepts of collective conscience and social phenomena. He relied on his studies about ethnographic information related to certain Australian tribes dominated by a totemic social system. After analyzing that system, he concluded that totemism is the first form on which religion was established and that religion is a social phenomenon, i.e., created by society. In the context of discussing and evaluating the hypothesis, the study showed numerous methodological errors, the most important of which are: not accurately defining the concept of religion and relying on relative ethnographic observations, accurate or not, then generalizing the results without scientific evidence. In addition, the results obtained by the totemic hypothesis, the most important of which is that religion is of human origin, are rejected in the Islamic perception. This is due to it colliding with the grand faith facts in the Islamic belief, and that religion is of divine origin.

Jurisprudential Origins of Digital Drugs - Music - and their Legal Adaptation: A Comparative Study With Jordanian Law

Jaber Al-hajahjeh, Basema Rababah — Tue, 28 May 2024 00:00:00 +0200

This study aims to clarify the jurisprudential origins of digital drugs, specifically music, and compare their legal status in Jordanian Law. Digital drugs, referring to different sound files exploited to trick the brain using sound waves in a way that induces addiction, are an old phenomenon that has recently gained recognition and spread. To achieve the study purpose, the research relied heavily on an inductive method, then a deductive one, to understand how musical drugs affect the brain and highlight similarities between traditional drugs and it. Accordingly, a suitable Islamic judgment was deduced. The study resulted in several key conclusions: digital drugs or sound files used to trick the brain invoking relaxation, pleasure, and loss of consciousness, much like intoxicating substances and drugs. It was determined that the ruling of these musical drugs is forbidden in Sharia, as they act as regular traditional drugs.

Returning the Defect in Islamic Jurisprudence and Jordanian Civil Law: A Comparative Study

Ahmad Al-qaraleh, Orwah Dwairi, Ashar Al-qaraleh — Tue, 28 May 2024 00:00:00 +0200

This study aims to clarify the rule regarding the decrease in value due to the fault in the price of the sale, the instances in which it is permissible to review, and when it is not. The study also discusses the conditions for reviewing when the contract cancellation is impossible, the extent to which the defective party can return, and how to calculate it. In addition, it compares the Jordanian civil law with other Arab laws influenced by it and following its path. The study relied on two methodologies: the deductive method and comparative method, reaching several results and some recommendations. The most important findings are that Jordanian law has several contradictions when regulating the rules of defect options. Accordingly, the study recommends the Jordanian legislator to resolve the contradiction between Article (198) and Paragraph 1 of Article (513) either by removing one of the two articles, with Article (198) being the most likely to be removed, or by limiting Article (198) by adding the phrase "in case of impossibility" of cancellation, to become: "In case of impossibility of canceling the contract due to a defect, the contract holder may retain the contracted item and return the decrease value". The Jordanian legislator is urged to remove the contradiction between Article (197) and Article (515) by doing away with Article (515) and relying solely on Article (197).

Evidence of Giving Priority to the Hadith Associated with Mentioning the Reason over Other Hadiths: An Empirical Study

Moh’d Abdel-Hamid, Bassma Rababah — Tue, 28 May 2024 00:00:00 +0200

The study thoroughly examined the presumption of giving precedence to hadiths that mention their reasons over other hadiths. The primary objective of the study was to elucidate the underlying concepts, jurisprudential rulings, and practical applications pertinent to the topic. To fulfill the study's aims, the researchers utilized a combination of inductive and deductive methodologies to explore the assumptions underlying the prioritization process and to analyze the relevant texts. The study was geared toward achieving a comprehensive understanding of the results within the context of the examined topic. The study yielded several findings, one of which is that the presumption of prioritizing hadiths that cite a reason over those that do not is categorized within the domain of generality and specificity. Nevertheless, the principle is broad and is applicable to all individuals encompassed by the rationale stated within the rule. Numerous jurisprudential applications and rulings are derived from this principle, which are founded on hadiths that are tied to specific reasons.