Jordan Journal of Islamic Studies https://jjis.aabu.edu.jo/index.php/jjis <p>The Jordan Journal of Islamic Studies is an International Peer-Reviewed Research Journal funded by the Scientific Research Support Fund – Ministry of Higher Education and Scientific Research – Jordan.</p> <p>ISSN: 2079-5076 (Print)</p> <p>ISSN: 2790-1319 (Online)</p> en-US Jorjis@aabu.edu.jo (Yousef Al-Khawaldah) hope_ebtehal87@aabu.edu.jo (Ebtehal H.Omoush) Mon, 11 Mar 2024 00:00:00 +0100 OJS 3.3.0.13 http://blogs.law.harvard.edu/tech/rss 60 The Inclusion of Actions that Implies the Meaning of the Verbal Action in the Holy Quran and its Interpretative Connotations https://jjis.aabu.edu.jo/index.php/jjis/article/view/370 <p>This research addresses a portion of the inclusion of actions specifically related to the inclusion of the verb - such as "inspired" and "called" - to convey the meaning without its explicit mention. The research constitutes a foundational Quranic study of this topic that serves Islamic studies students and anyone interested. The significance of the research lies in exploring these actions, which amounted to forty-five verbs, and indicating the signs of including actions for the meaning of speech. It follows an inductive and descriptive-analytical approach aimed at distinguishing between the inclusion of the verb for the meaning of speech and the omission of speech. It also highlights the importance of context in producing these actions. The research focuses on literal aspects of these actions, their rhetorical styles, verbal similarities in their verses, studying them, and explaining their interpretative connotations and their impact on clarifying meaning.</p> Majid Sugar, Inas Hamida Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/370 Mon, 11 Mar 2024 00:00:00 +0100 Rules and Regulations regarding the Punishment for Adultery Extracted from The Book "Fatawa Al-Nawazil" by Imam Abu Al-Laith Al-Samarqandi: Examples of Applications https://jjis.aabu.edu.jo/index.php/jjis/article/view/371 <p>This study aims to gather the jurisprudential rules and regulations specific to the punishment for adultery, extracted from the book <em>Fatawa al-Nawazil</em> by Imam Abu al-Laith al-Samarqandi, one of the prominent figures of the Hanafi school known for his extensive jurisprudential heritage and rich works. The study intends to explain these rules and regulations, highlighting their importance and evidence for the jurist and the mufti, and providing examples of subsidiary applications and contemporary issues falling under them. To achieve the objectives of the study, which include three chapters and a conclusion, the researcher employed an inductive and analytical approach. The study yielded a set of results and recommendations, among which highlighting the significant role of Imam al-Samarqandi in the field of jurisprudential rules and regulations was prominent. He relied on these rules and regulations in legal reasoning, preference, and issuing fatwas. One of the most important recommendations is to continue researching the extraction and gathering of scattered jurisprudential rules and regulations from the book <em>Fatawa al-Nawazil</em> by Imam al-Samarqandi.&nbsp;</p> Raed Matrook, Lubna Matrook, Sharehan Al Khattab Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/371 Mon, 11 Mar 2024 00:00:00 +0100 Gender and Shaping the Human Self: An Islamic Educational Study https://jjis.aabu.edu.jo/index.php/jjis/article/view/372 <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The aim of the research is to elucidate the concept of gender, its historical and ideological evolution in its practical application, its relationship with human nature, its impact on shaping individual and collective behavior, and the role of educational institutions, especially the family institution and media, in addressing the consequences of gender thinking. The research used a descriptive methodology to describe the concept in its historical context and to clarify the various perspectives on the concept and its impact on human nature. The research concluded with several important findings, including: The concept of gender has undergone historical evolution and practical application, which varies depending on the perspective of those who adopt and promote it to serve their ideologies and visions. It negatively affects the formation of human identity, diverting it from its intended purpose, and educational institutions, especially families, play a significant role in protecting their children from gender-based thinking. The research recommended further studies on the role of families in this regard.</p> Tasnem Al-Muhydat, Hyefa Al-Fawares Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/372 Mon, 11 Mar 2024 00:00:00 +0100 Jurisprudential Conditioning of the Takaful Insurance Contract: A Case Study of Islamic Insurance in Jordan https://jjis.aabu.edu.jo/index.php/jjis/article/view/373 <p>This study aims to elucidate the reality of Takaful insurance, its juristic adaptation, and the impact of this adaptation on Islamic legal rulings. It also seeks to assess the extent of compatibility of the practical applications of Takaful insurance carried out by the Jordan Islamic Insurance Company with the decisions of the Islamic Fiqh Academy and the Sharia standards set by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). To this end, the research begins by presenting the reality of Takaful insurance, highlighting its differences from commercial insurance, and discussing its major juristic adaptations. The study also examines the juristic opinions regarding the Sharia rulings on the applications of Takaful insurance. Since the Sharia rulings on Takaful insurance are based on its juristic adaptation and its application in Islamic insurance companies, the research attempts to uncover the mechanisms for implementing this contract in the Jordan Islamic Insurance Company. This is done through a specific questionnaire developed based on AAOIFI standards and the decisions of the Islamic Fiqh Academy, distributed to managers and employees of the Islamic insurance company, as well as experts, academics, and clients of the Islamic insurance company with extensive experience in this field. The research concludes, after juristic discussions, that the best juristic adaptation for the Takaful insurance contract is mutual consideration with minimal permissible excess, and that there is no difference between Islamic insurance contracts and commercial insurance if both are applied in an Islamic company.</p> Mefleh Al-Jarrah, Kamal Hattab, Abdalla Albadreen Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/373 Mon, 11 Mar 2024 00:00:00 +0100 Terminology Renewal at al-Shatibi, its Indicators and Tributaries https://jjis.aabu.edu.jo/index.php/jjis/article/view/374 <p>This research aims to serve the book <em>Al Muwafaqat fi Usul al Shari'a</em> by Imam Abu Ishaq al-Shatibi by contributing to highlighting some of its refined innovative aspects. It seeks to reveal the author's precision in dealing with usuli and jurisprudential terms, as well as his concern for refining the phenomenon of attention to wording and symbols at the expense of meanings that were prevalent in his time. The research reached several conclusions, the most important of which is that the conceptual intent (Maqasid) of Imam al-Shatibi had a significant impact on various jurisprudential discussions in his book <em>Al-Mawafiqat</em>, leading to a noticeable renewal of many terms either structurally or semantically. The aspects of usuli renewal in Imam al-Shatibi's work were diverse; they appeared in form and content, foundation and establishment, explanation, and representation. The terms benefited considerably from this renewal; he introduced new terms that had not been used before and expanded the scope of some other terminological concepts prevalent in his time. In addition, Imam al-Shatibi is considered one of the jurists who paid meticulous attention to terminology and refining their meanings. This was because he realized the influence of terms in directing and regulating knowledge, narrowing the scope of disagreement by resorting to them.</p> Mohamed Semai, Rabab Ben Ayache Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/374 Mon, 11 Mar 2024 00:00:00 +0100 Impediments to the Implementation of Criminal Penalties in Sharia and Law: A comparative study https://jjis.aabu.edu.jo/index.php/jjis/article/view/375 <p>This research study aimed to identify the obstacles to the implementation of penal sanctions in Islamic Sharia law and Jordanian penal law, by examining these obstacles from the texts of the Quran, the Prophetic Sunnah, and the opinions of jurisprudential schools, in comparison with Jordanian penal law. The study concluded that Islamic Sharia differs from some of the legal impediments stipulated by the Jordanian legislator, although it agrees with most of these impediments, especially regarding the avoidance of punishment based on suspicion, the necessity of verifying the elements of the crime, the suspension of punishment in cases of necessity, self-defense, and forgiveness by the victim.</p> Abdallah Samara Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/375 Mon, 11 Mar 2024 00:00:00 +0100 Honey and Indian Costus as found in Prophetic Medicine and Pharmacognosy: A Creedal Comparison https://jjis.aabu.edu.jo/index.php/jjis/article/view/376 <p>This study examines the medical uses of both honey and Indian costus in prophetic medicine, as well as the modern studies conducted on them through pharmacological science. It then compares honey and the studies conducted on it in pharmacology on one hand, and Indian costus and the studies conducted on it in pharmacology on the other hand. The study concluded several important results, the most important of which is that most of the modern pharmacological studies included in this research align with the noble prophetic traditions regarding the models of honey and Indian costus. This indicates the potential benefit of these studies within the religious and doctrinal framework, to demonstrate the prophethood of our Prophet Muhammad, peace be upon him. As for the rest of the studies, they did not contradict his teachings, peace be upon him, but their evidence was speculative regarding the intended purpose, which does not make them independent evidence of the proof of prophethood; however, they can be used in conjunction with other evidence.</p> Waseem Daana, Ibrahim Burqan Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/376 Mon, 11 Mar 2024 00:00:00 +0100 The Credit Card of Murabaha & Ijarah (Leasing) of Benefits and Services in the Palestinian Islamic Bank: A Critical and Analaytical Jurisprudential Study https://jjis.aabu.edu.jo/index.php/jjis/article/view/377 <p>The research attempts to answer a crucial question: To what extent does the Mastercard issued by the Palestinian Islamic Bank adhere to Sharia principles and regulations related to agency contracts, Murabaha (cost-plus financing), and Ijarah (leasing)? The research followed a descriptive-analytical approach, examining everything related to the mentioned card and its application, along with the Sharia principles it is based on, through discussion, analysis, and critique. The research is distinguished by its analytical and critical jurisprudential study, producing a new Islamic banking product, amidst the scarcity of Sharia studies on it. The research was divided into two sections and a conclusion: the first dealt with defining the card, its application in the Palestinian Islamic Bank, and its Sharia adaptation. The second section addressed the most significant jurisprudential issues concerning it. The research concluded several key points, including genuine jurisprudential issues with the card undermining its legitimacy, such as violating agency and leasing rules regarding responsibility and guarantee, selling, and leasing in the seller's knowledge of the market value, and the client's acceptance of purchasing or leasing from the bank itself occurring in the card issuance agreement before the bank's ownership. It also noted the absence of genuine Sharia oversight ensuring Sharia compliance in operations and their regulations, which could lead to significant harm to Islamic banks in their form and differentiation from interest-based banks.</p> Ayman al-Dabbagh Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/377 Mon, 11 Mar 2024 00:00:00 +0100 Interpretation of Legal Verses According to the Shafi'i School through Ibn Hajar's "Tuhfat al-Muhtaj" and Al-Ramli's "Nihayat al-Muhtaj": A comparative analytical study https://jjis.aabu.edu.jo/index.php/jjis/article/view/378 <p>The research focused on interpreting legal verses from the book of purification in <em>Tuhfat al-Muhtaj</em> by Ibn Hajar al-Haytami and <em>Nihayat al-Muhtaj </em>by al-Ramli, conducting a comparative analytical study of their interpretations. The significance of this research lies in its amalgamation of interpretations of legal verses from two fundamental texts, which are essential in understanding the relied-upon sources in Shafi'i jurisprudence, namely the conclusions of the eminent scholars Ibn Hajar and al-Ramli. This provides insight into the interpretation of legal verses within the framework of Shafi'i jurisprudence. The researcher arrived at several conclusions, including the following:</p> <ol> <li class="show">Jurisprudential texts often contain interpretations of legal verses and precise deductions that may not be found in many traditional exegesis texts.</li> <li class="show">The profound expertise of Ibn Hajar and al-Ramli in the science of interpretation, as well as their mastery in various fields beyond Shafi'i jurisprudence, is evident through their discussions on interpreting verses and responding to objections raised against their interpretations.</li> </ol> Ammar Algumaei Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/378 Mon, 11 Mar 2024 00:00:00 +0100 Educational Endowments and their Role in Investing in Human Capital - Islamic Economic Assessment https://jjis.aabu.edu.jo/index.php/jjis/article/view/379 <p>This study addresses educational endowments and their role in investing in human capital from the perspective of Islamic economics, which is considered a branch of development avenues that enhances genuine development opportunities in society. The study poses a primary question: What is the Islamic economic estimation of educational endowments, and to what extent do they contribute to investing in human capital? The study found that endowments for education have contributed to improving and raising the educational level. Endowment institutions have financed the infrastructure of educational and pedagogical endowment institutions, thus reducing the financial burdens on the state budget. Educational endowments have significant effects in economic, social, and educational fields, contributing and continuing to contribute to raising the level of the Islamic society in those areas. The study recommends the necessity of developing the legislative and legal foundations regulating endowment institutions and management methods of educational endowments to align with current developments and the spirit of the times.</p> Ibrahim Obadah Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/379 Mon, 11 Mar 2024 00:00:00 +0100 The Problem of Abridgments in Sahih al-Bukhari: A critical Methodological Study https://jjis.aabu.edu.jo/index.php/jjis/article/view/380 <p>This study aims to shed light on a methodological issue at its core, and scientific in its findings, namely the abridgment of the book: "Sahih al-Bukhari". The study revealed the reality of the problematic nature of the abridgments of the comprehensive Sahih collection, with these problems ranging from methodological to scientific. It presented the reasons that led to these problems, notably the lack of a comprehensive view of the book, and the reduction of the structural unity upon which "Sahih al-Bukhari" is based. This demonstrated the strength of the structure of the book "Sahih" and the extent of cohesion among its elements, and their interconnection. It also highlighted the most prominent problems resulting from the abridgment of "Sahih al-Bukhari", including the loss of critical and jurisprudential purposes, followed by the deletion of chains of narration, biographies, and historical accounts.</p> Maessa Rawabdeh Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/380 Mon, 11 Mar 2024 00:00:00 +0100 The Role of Zakat in Automatic Equilibrium in the Islamic Economy Using the input-output Model https://jjis.aabu.edu.jo/index.php/jjis/article/view/381 <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The study aimed to elucidate the role of Zakat in contributing to achieving automatic equilibrium in the economy quantitatively through the use of the input-output model. The study relied on a descriptive approach involving the analysis of quantitative data relevant to the discussion. The study addressed the effectiveness and efficiency of financial instruments of public policy and their role in contributing to achieving automatic equilibrium in both traditional and Islamic economies.</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The study concluded that Zakat has an impact on increasing total demand as measured quantitatively using the input-output model, which works to establish automatic equilibrium in the economy. The study recommended the inclusion of Zakat as a financial tool utilized by the state in its public policies to achieve its economic and social objectives, ensuring the attainment of economic equilibrium. Additionally, it suggested the possibility of employing quantitative methods and mathematical models to study the behavior of economic variables in the Islamic economy.</p> Ziad Obeidat Copyright (c) 2024 https://jjis.aabu.edu.jo/index.php/jjis/article/view/381 Mon, 11 Mar 2024 00:00:00 +0100