Al-haq Journal for Sharia and Legal Sciences
Al-Haq Journal is a semi-annual, peer-reviewed academic journal issued by the Faculty of Law at Bani Walid University. It specializes in publishing research in the field of Sharia and law in all its branches. It is managed and supervised by a select group of highly qualified and experienced Sharia and law professors. The first issue was published in February 2014. The journal's objectives include publishing legal and Sharia research by researchers and legal scholars, including university professors, judges, lawyers, and specialists in legal and Sharia fields, contributing to the journal's academic content and providing commentary in their fields of expertise. The journal is available online at link It is published twice a year, and a publication fee of 500 Libyan dinars is charged for submitting research for evaluation. Research is published in Arabic, English, and French, and research in the field of Sharia and legal sciences is also published. Note that the journal's research is indexed with a DOI Crossref and is indexed on Google Scholar. It also allows direct and open access to its contents, based on the principle of making academic research freely available to the public on the journal's website. It has ISSN 3005-3919. The journal also relies on Open Journal Systems (OJS), an open-source software application for scholarly journals, used by more than 25,000 people worldwide. Open access can increase the journal's readership and contribute to the enrichment of forensic and legal sciences. The journal ensures the validity of research and detects irregularities through the use of plagiarism detection software, Turnitin. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Zakat on debt from the abridged version of Sheikh Khalil: An applied analytical study
This research paper presents an applied analytical study on zakat on debt, aiming to examine Sheikh Khalil's statement from his abridged work, by explaining the meaning of debt and its conditions, and grounding the issue in the major books of Maliki jurisprudence. The study also focuses on examining the statements of the commentators on the abridged work and their methodology in legal deduction. The research seeks to highlight the criticisms directed at Sheikh Khalil, in addition to comparing his statement with the statement of the abridged work of Al-Amir. The results revealed that the jurists agree on the obligation of zakat on debt for whoever owns the minimum amount (nisab) and a year has passed on it and he has no debt, but the difference was in the impediment: Is it the fear of not being able to collect it? Or is it not obligatory until the debt is collected?
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Evidence by circumstantial evidence in the crime of adultery: between Maliki jurisprudence and Libyan law
This study examines the admissibility of circumstantial evidence in cases of adultery, comparing Maliki jurisprudence, which is considered the most expansive school of thought in accepting "suspicion" and strong circumstantial evidence such as pregnancy outside of marriage, with Libyan law, which derives its rulings from Islamic Sharia according to the laws of retaliation and prescribed punishments. The research reviews how the judiciary deals with contemporary circumstantial evidence such as DNA fingerprinting and its ability to establish the prescribed punishment or impose discretionary punishment on the offender, focusing on the principles of avoiding prescribed punishments in cases of doubt. The study concludes that the Libyan legislator has adopted the Maliki school of thought in accepting conclusive circumstantial evidence that is not open to interpretation, while exercising extreme caution to ensure the preservation of lineage and the protection of reputations.
Proportional Fines as a Mechanism for Combating Corruption Crimes
This topic discussed the penalty of a relative fine and its role in combating corruption in Libyan criminal legislation. This research is based on a central question: How effective is the relative fine in combating corruption crimes in Libyan criminal legislation? This research was divided into two requirements. In the first requirement, we discussed the nature of the relative fine penalty and the most important characteristics that distinguish it from other penalties. In the second requirement, we addressed the mechanism of applying the relative fine as an effective means of combating corruption crimes. The research reached a number of results, the most important of which are: The majority of corruption crimes stipulated in Libyan criminal legislation face custodial penalties that range between imprisonment and imprisonment depending on the seriousness of the act and the criminal seriousness of the offender. As for the penalty of a relative fine, it is considered small compared to other penalties, in addition to the penalty of The relative fine is a deterrent and effective punishment for combating corruption crimes of a financially profitable nature.
The reading of Muslimah ibn Muharib and its impact on interpretation
This research explores the Reading of Muslimah ibn Muhārib and its Impact on Qur’anic Interpretation. Muslimah ibn Muhārib was a little-known reciter from Basra in the second century AH, noted for his distinct linguistic and grammatical insights reflected in his variant readings. The study adopts the inductive method to collect his reported readings from classical sources, and the analytical method to explain their linguistic and exegetical implications. The findings show that his readings — such as “waba‘ulatuhunna aḥaqqu biraddihinna” with a quiescent tā’, “wa idh ya‘idukum Allāh” with a quiescent dāl, and “madkhalan” without gemination — reveal subtle grammatical and rhetorical nuances that enrich Qur’anic meaning. The research concludes that non- canonical (shādhdh) readings, though not recited as part of the canonical Qur’an, constitute a valuable linguistic and exegetical resource that highlights the expressive diversity and eloquence of the Qur’anic text.
Methodological differences between early and later scholars in hadith criticism: A comparative analytical study
This research, entitled "Methodological Divergence Between Early and Later Scholars of Hadith Criticism: A Comparative Analytical Study," aims to elucidate the fundamental differences and potential areas of convergence between two prominent schools of thought in Hadith studies. The research problem lies in the abundance of conflicting judgments between early and later scholars, leading to varying stances on the authenticity and weakness of Hadiths. This, in turn, has had repercussions on jurisprudence and legal reasoning. The research employs an inductive, analytical, and comparative approach, collecting texts from their original sources and then organizing them according to specific topics and objectives, along with a meticulous analysis of the differences and their practical applications. The research demonstrates that early scholars were distinguished by their comprehensive inductive reasoning and profound understanding of Hadith, while later scholars were characterized by theoretical complexity and reliance on terminological rules. Furthermore, the research reveals that the evaluation of many Hadiths differed due to the nature of the critical methodology employed by each group. Among the most prominent recommendations are the necessity of combining the two methodologies, reviving the science of Hadith defects among contemporary scholars, and reconsidering some of the later scholars' judgments that contradicted the principles of the early critics.
Constructive seizure in Islamic jurisprudence: The treatment of personal belongings in Libya as a case study
This research addresses the origin of the issue of constructive possession and its contemporary applications in the Libyan banking sector. The research begins by stating the obligation of the person responsible to learn the rules of financial transactions before engaging in them in order to avoid falling into what is forbidden by Sharia. Constructive possession has been defined as treating the sold item, which cannot be physically possessed, as if it were actually taken for a legitimate reason, so that the effects of actual possession of enabling and relinquishing it are established. The study confirmed that constructive possession has a fixed Sharia basis, and it is a means to remove hardship and difficulty and to meet people’s renewed needs in line with the rule of changing rulings with changing customs. These concepts were applied to the “personal purposes” transaction (dollar card) launched by the Central Bank of Libya.
National sovereignty and interference in the internal affairs of states in light of international changes and the provisions of international law: Libya as a case study
Our study of this research topic revealed its connection to aspects related to the right of states to form their political systems and how they manage all their affairs. However, international variables present a different picture. This means that national sovereignty is not immune to international interventions, pressures, and dictates. This has opened the door to interference in internal affairs under this guise. Such interference is often a result of international interests, the desire to extend influence and control, or to advance agendas and strategies that serve the interests of specific actors in international politics. Our view is that if international organizations allow states free rein to interfere in internal affairs in line with international changes and geopolitical developments, these actions will inevitably lead member states to deviate and overstep the bounds of such behavior. This can be described as an abuse of rights under the cover of international obligation, legitimized by the Security Council under the pretext of protecting international peace and security. This casts a shadow on the principle of national sovereignty, political independence, and the rights of states to choose their political systems according to their constitutions and legislation. And its national laws.
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The legal framework for social security pensions
This study examines the legal framework for social security pensions in Libya, reviewing the legislative framework and the bodies responsible for implementing this system. The research aims to analyze the fundamental laws related to social security and study the role of government agencies in managing financial assistance for vulnerable groups. It also addresses the challenges facing the system, such as insufficient funding and corruption. Through this analysis, the research seeks to offer recommendations for improving the effectiveness of the social security system and promoting social justice in Libya
Administrative refusal to implement court rulings in Libyan law (Problems and solutions)
This research addresses the issue of the administration's refusal to implement judicial rulings, highlighting the reasons that lead to this refusal and its effects on the principle of the rule of law and individual rights. The research reviews legal experiences and shows the challenges facing the implementation of rulings, including bureaucracy, lack of resources, and political pressures. The research also provides guidelines to enhance the effectiveness of the legal system, including improving legislation, establishing specialized executive units, and strengthening oversight and accountability. The research aims to emphasize the importance of implementing rulings as a fundamental factor in achieving justice and protecting human rights.
Additions by Ibn Abi al-Dunya in his book "Condemnation of Oppression" to the Six Books: A Comparative Hadith Study
This study examined a book of Prophetic traditions, namely "Dhamm al-Baghy" by Ibn Abi al-Dunya, with the aim of identifying the hadiths it contains that are unique to the six canonical hadith collections. The study employed a comprehensive methodology that included collecting these additions, examining their chains of transmission in detail, tracing the narrators' circumstances, investigating the rulings of early hadith critics, and finally presenting a concise summary of the assessment of these hadiths. The study concluded that "Dhamm al-Baghy" contains only three hadiths that are unique to the six canonical hadith collections. The results of the study revealed varying levels of authenticity among these narrations.
Developmental Approaches to Contracts in Islamic Banks An Applied Jurisprudential Study
This study examines the methods and forms of developmental contracts in financial institutions in light of Islamic jurisprudence (fiqh). It aims to clarify the concept, characteristics, and features of developmental contracts, while explaining the theoretical framework of Sharia supervision as a fundamental criterion for evaluating these contracts. The study also explores practical applications of developmental contracts in the Libyan Development Bank. The research problem centers on the question of the legitimacy of developmental contracts and the identification of their Sharia-based controls. The application of such contracts in financial institutions requires an in-depth analytical study to ensure their compliance with Islamic legal principles. Since Sharia supervision serves as a key criterion for assessing and regulating developmental contracts in banking practices, it guarantees their integrity and protection from prohibited elements such as fraud and usury (riba). The study adopts a descriptive-analytical approach, relying on both primary and secondary data gathered from relevant jurisprudential sources, peer-reviewed journals, and academic research websites to analyze texts and evaluate practical implementations. The findings reveal that developmental contracts represent one of the most important contemporary Sharia-compliant financial tools, as they balance economic development requirements with Islamic legal standards. Furthermore, the Libyan Development Bank provides a practical model that can be developed and generalized to other financial institutions through the adaptation of developmental financing contracts consistent with Sharia principles, ensuring the absence of riba and gharar (uncertainty).
Mohamed Alhassan Mohamed Hamed Alhodairy
The Impact of Emergency Excuses on Contractual Obligations in a Lease Contract "A Sharia and Legal Perspective"
This study examines the impact of unforeseen emergency circumstances or force majeure on the implementation of obligations arising from a lease contract, whether for a residential or commercial property. This study examines the impact of unforeseen emergency circumstances or force majeure on the implementation of obligations arising from a lease contract, whether for a residential or commercial property. It examines this from a dual perspective, combining Islamic jurisprudence, Libyan positive law, and comparative law. It highlights the legal and Sharia-based classification of an emergency excuse, which differs from force majeure in that it makes implementation burdensome, not impossible. The study aims to clarify the rules governing the right of the landlord and tenant to request modification or termination of the contract when this circumstance occurs. In Islamic law, the matter is addressed based on the principles of justice and the removal of hardship, which may authorize the judge to reduce the tenant's obligations or terminate the contract. In law, the theory of unforeseen circumstances gives the judge the authority to restore the financial balance of the contract, often by reducing the rent or temporarily increasing the landlord's obligations. The two visions agree on achieving contractual justice and preserving the economic balance of the contract from collapse, while establishing strict controls for the application of this principle, such as the excuse being general, unexpected, and unpayable.
Narrators criticized by Imam Abu Hatim al-Razi in Imam al-Bukhari's book "The Weak and Abandoned"
This study explores the status of specific narrators included by Imam Al-Bukhari in his work "Al-Du‘afa’ wa Al-Matrukin". It specifically examines those narrators whose inclusion was contested by Imam Abu Hatim Al-Razi. The research is structured alphabetically by narrator, divided into three main sections. The first section provides an introduction to both prominent Imams. The second section covers narrators from (Alif) to (Qaf) whose presence in "Al-Du‘afa’" was disputed. The third section continues this analysis for narrators from (Qaf) to (Ya). The findings indicate that Imam Al-Bukhari employed broad criteria and had distinct objectives for including narrators in his book "Al-Du‘afa’". Conversely, Imam Abu Hatim presented compelling arguments against their classification as Al-Du‘afa narrators.
Preaching pauses from Surat Al-Baqarah: A study in thematic interpretation
This research aims to highlight the preaching references and connotations in Surat Al-Baqarah, focusing on deducing meanings related to preaching issues. It is based on personal contemplation and reflection on the verses of the surah, with occasional assistance from relevant sources and references. The research followed a descriptive, analytical, and sometimes deductive approach. From what was concluded from this study, Surat Al-Baqarah includes many preaching suggestions and educational messages that can be derived, and it is a rich provision for preachers, reformers and educators, and a rich source of knowledge and wisdom. It is also concluded that a good and accurate knowledge of reality is one of the most important foundations for success and one of the most prominent steps in sound planning. It is also concluded that the narrative style is one of the most influential and persuasive styles of speech. It is also concluded that reminding people of the virtues and blessings of Allah is one of the most beneficial ways to soften hard hearts, motivate lazy minds and push them towards acknowledgment and submission. It is also concluded that the Qur’anic approach to preaching and reform is characterised by comprehensiveness, integration and balance. It is also concluded that the interpretation of “In the Shade of the Qur’an” is one of the best representations of the preaching approach to interpretation and is a unique model for deducing preaching meanings and ideas that many interpreters have not paid attention to.
The main axis in combating financial corruption: the pure Prophetic Sunnah
This study aims to address the problem of corruption in finance and administration that has permeated societies, especially in recent years. It also aims to apply the principles and teachings of Islam in combating corruption, clarify the place of money in Islam, and correct the perception in societies, especially among officials, that public money and administration are not spoils and quotas, but rather a trust and a duty.
Towards a New Theory of Civil Liability in the Context of Artificial Intelligence Systems and the Challenges of Reforming the Traditional Theory
Contemporary legal reality is facing increasing challenges due to the rapid development of artificial intelligence technologies. It has become difficult for traditional civil liability theories to respond to developments in this field. Liability based on fault or mere damage faces fundamental shortcomings when attempting to determine who bears the responsibility for damages resulting from autonomous intelligent systems capable of making decisions without direct human intervention. This study seeks to explore the dimensions of this shortcoming and highlight the need to develop a new theory of civil liability that is more suited to technological development. It focuses on a comprehensive approach that balances protecting the injured party, on the one hand, and encouraging innovation and ensuring continued investment in artificial intelligence technologies, on the other. Among the proposed solutions are: adopting mandatory insurance, establishing special compensation funds, and developing a legal framework that grants certain intelligent systems limited legal personality within a narrow scope. The study concludes that reforming traditional theory is no longer an option, but rather an urgent legal and legislative necessity, while calling for international cooperation to establish unified rules governing civil liability in the age of artificial intelligence.
The objectives and provisions of mortgage: a jurisprudential study
The mortgage contract in Islamic law aims to achieve noble objectives, most notably preserving rights and ensuring the immediate repayment of debts when the debtor is unable to pay. This enhances confidence in financial transactions and protects creditors' funds from loss. One of its most important objectives is to facilitate financing for those in need by providing a guarantee to the creditor, thus supporting the public interest in market stability. Regarding its jurisprudential provisions, its validity requires that the mortgager own the mortgaged item and be authorized to dispose of it. The mortgaged item must be a known, legally valued, and salable property. The contract results in the transfer of possession of the mortgaged item to the creditor (the mortgagee) or his representative as a trust, without the mortgagee having the right to benefit from it except with permission. When the due date comes and payment is not made, the creditor has the right to sell the mortgaged item and recover his debt from it, and the remaining proceeds are returned to the mortgager. Thus, rights are preserved and interests are protected.
The Role of the Administrative Judge in Enforcing Binding Rulings A Comparative Study
The implementation of judicial rulings in general, and administrative judicial rulings in particular, is of paramount importance. Respect for judicial rulings by all, both the state and individuals, establishes a state of law in which the values ​​of justice, equality, and the rule of law prevail. The law is worthless if it cannot be implemented, and judicial rulings are worthless unless they are implemented. A ruling is the embodiment of truth, and intransigence in its implementation undermines the principles and requirements upon which the state of law is based. If a judicial ruling is issued in favor of the administration, this does not pose a problem, as it is the public authority capable of direct implementation without resorting to the judiciary. However, the problem arises when a judicial ruling is issued against the administration. Experience has often shown that the administration refuses to implement such rulings or attempts to obstruct their implementation through illegal means. Therefore, there is a need to explore the means available to administrative judges to encourage the administration to implement their rulings.
Controls of uncertainty in absentee sales
This research examines the controls of gharar (uncertainty) in selling absentee items. It reviews a set of basic concepts related to selling and gharar, in addition to the legal rulings in the Quran and Sunnah. It also sheds light on the texts that prohibit dealing with gharar, its types and forms, and details its categories and the differences among jurists regarding the prohibition of some of them. It also explains the concept of selling absentee items, its types and applications, and how gharar can be avoided. We conclude with some recommendations and findings from the research.
The study addressed the crime of premeditated murder in its various forms, as it is considered one of the most dangerous forms of premeditated murder. It involves treachery and deception, which deprive the victim of the ability to defend themselves and undermine the security and stability of society and mutual trust among its members. The study began by defining premeditated murder and explaining its forms. It then examined the proper classification of this crime under Sharia and law, and whether the perpetrator is punished by death as a hadd punishment (hudud) or qisas (retribution in kind). It also examined the position of Libyan law on the matter. The study concluded that premeditated murder is one of the most heinous and severe crimes because it threatens the security and stability of society. Some Islamic Sharia scholars—specifically Maliki scholars—have imposed a harsher penalty for it, namely murder as a hadd punishment (hudud), not qisas (retribution in kind). Libyan law, however, did not distinguish it from other types of murder, instead setting a single sentence for the murderer, namely qisas (retribution in kind), if the conditions for the murder are met.
Political Features in the Story of Dhul-Qarnayn "An Analytical Study in Light of Ibn Ashur's Tafsir al-Tahrir wa al-Tanwir"
This research focuses on the features of Islamic politics in the story of Dhul-Qarnayn, as presented by Ibn Ashur in At-Tahrir wa'l-Tanwir. This narrative highlights the features of good governance based on empowerment through means, a commitment to justice and mercy, and consideration of diverse environments and public interests. Ibn Ashur concludes that the Quranic lesson in the story is to control authority through cosmic laws and Islamic legal controls, making it a tool for protecting society and achieving the higher objectives of Islamic law.
interpretation of liberation and enlightenment
The Phenomenon of Cyber Violence Against Women "The Crime of Defamation as an Example"
The digital space, with all its vast horizons, has become a new and dark arena for a sophisticated crime no less dangerous than its traditional counterparts (cyber defamation). This phenomenon, which now targets the assassination of women's privacy in particular, is not merely a passing behavior; rather, it is an extension of social violence, employing modern technology to violate privacy and destroy reputations, posing a significant challenge to our legal system. The crime of cyber defamation constitutes an advanced stage of blackmail, where the perpetrator's motives, whether vengeful or extortionist, transform into a shameful act that is made public. Although the Libyan legislature has taken an important step by issuing Cybercrime Law No. 5 of 2022, there is an urgent need for more explicit and clear legal texts that criminalize this act and enhance legal protection for women. Accommodating this technological transformation is a safety valve to ensure the achievement of justice. Ensuring the protection of women in the digital space is not an option; rather, it is a legal and moral duty. It requires us to overcome legislative shortcomings, provide effective mechanisms for control and proof, and launch awareness campaigns that build A safe digital culture. Digital justice remains a last resort that must be strong and decisive in the face of online violence against women.
Transnational organized crime and the role of the police in combating it
Transnational organized crime is one of the most dangerous crimes of the modern era, threatening the entire international community. The most significant forms of organized crime include human trafficking, drug trafficking, and money laundering. International conventions have established mechanisms to combat crime, the most important of which is the United Nations Convention against Transnational Organized Crime and its three supplementary protocols, which Libya ratified on November 13, 2001. The International Police Organization (Interpol) has distinguished technical means that contribute significantly to reducing crime, and the ongoing security presence of the police force plays an effective role in preventing crime in general and organized crime in particular.
The impact of international recognition on the entity and existence of the state
Recognition has received attention by jurists due to its important role in the lives of states, to the extent that some jurists consider it a pillar of the state and a cornerstone of its existence. However, the prevailing opinion among jurists, supported internationally, holds that recognition of a state merely acknowledges the existence of the state, i.e., its role is demonstrative and serves as an international license of the state. This study addresses the value of recognition and its timing, such that it should occur after the completion of the three pillars of the state. It should not be hasty or provocative. The study finds that recognition is important for any state, and some existing states that have not yet achieved recognition should seek it through solid and reliable guarantees. Therefore, Furthermore, recognition of a state demonstrates the status of the recognizing state, its exercise of the right of sovereignty.
Genocide before the International Court "South Africa's Case Against Israel as a Model"
This research addresses the crime of genocide through an analytical study of South Africa's lawsuit against Israel before the International Court of Justice, focusing on the Palestinian context following the October 2023 events in Gaza. Genocide stands out as one of the most serious international crimes that affects the very existence of the human group and aims to destroy it, in whole or in part, whether on a national, religious, or ethnic basis. The study demonstrates that criminal intent is the distinguishing principle of this crime, distinguishing it from other international crimes such as crimes against humanity and war crimes. The research reviewed the legal framework governing this crime through the 1948 Genocide Convention, which established binding international obligations to protect humanity. It also highlighted the role of international courts, particularly the International Criminal Court and the International Court of Justice, in assigning responsibility to individuals in their personal capacity, rejecting the claim of official immunity. The study concluded that what happened in Gaza clearly constitutes the elements of the crime of genocide, according to international reports and evidence, which South Africa relied on in its lawsuit. She recommended the need to activate the role of international courts, enhance international cooperation to combat genocide anywhere and anytime, and the need for the United Nations to assume its responsibilities to ensure justice and protect victims.
Artificial intelligence and diplomacy: A radical transformation in international relations
This research paper aims to analyze the profound impact of artificial intelligence (AI) on traditional diplomacy and international relations. It posits that integrating AI into diplomatic practices will enhance the efficiency and effectiveness of negotiation, decision-making, and crisis management mechanisms. However, it will also raise new challenges related to accountability and transparency. Furthermore, current international legal frameworks are ill-equipped to keep pace with these rapid developments, creating legal gaps and posing security and ethical risks. The increasing proliferation of AI is expected to reshape the global balance of power, necessitating new strategies for international cooperation and adaptation. The methodology employed in this research is analytical, examining the impact of AI on various aspects of diplomacy and international relations, complemented by case studies. A comparative approach will also be used to analyze ethical and legal challenges, while exploring future scenarios. The expected outcomes aim to provide a comprehensive perspective that integrates strategic foresight and legal analysis, along with practical recommendations for states and international organizations.
Pluralism in the interpretation of the Holy Quran and its aesthetic manifestations
The science of Quranic exegesis is one of the main approaches to understanding the Holy Book. It is a respected branch of Islamic jurisprudence, which emerged to elucidate the meanings of the Quran, clarifying its teachings, laws, and rulings. This field also focuses on explaining the reasons for the revelation of specific verses, distinguishing between Meccan and Medinan verses, identifying unambiguous and ambiguous verses, and explaining what is permissible and forbidden. Therefore, exegesis constitutes the fundamental basis for understanding the Quranic text and is considered one of the most noble sciences attained by humankind. This research aims to demonstrate the impact of diversity in Quranic interpretation on highlighting its beauty, through a case study examining the varied interpretations of verses 179 of Surah Al-Baqarah and 11 of Surah Ad-Dhuha by different scholars. The research addresses the concept of Quranic exegesis, the meaning of interpreting the Quran, and the benefits of such interpretation. It also discusses the types of Quranic interpretation, the stages of its development, and the various approaches to interpretation. Finally, it examines the sources of exegesis, books of Quranic interpretation, and the most prominent versions of Quranic commentary. The research concluded that many Islamic scholars have interpreted the Quran, each employing their unique abilities and insights to appreciate its beauty, understand its message, and grasp its profound meanings. The research also found that this diversity in interpretation had a positive impact on highlighting the beauty of the Quran. It recommends that contemporary Muslim scholars and Quranic interpreters should strive to further emphasize the aesthetic aspects of the Quran and appreciate the diverse styles of Arabic eloquence in which it was revealed by God. This is because the Holy Quran represents an immense and inexhaustible treasure of rhetoric and a boundless source of linguistic richness. By delving into its profound meanings and analyzing its text, the interpreter can utilize it as an additional tool, alongside other methods, for analysis, interpretation, and exegesis.
The exception the specificity of the duties of worship in their structures
Islamic Sharia is built upon great pillars and foundations of high standing and sublime status. The Wise Lawgiver has endowed it with unique characteristics and features not found in other chapters and acts of worship. For instance, the specific nature of the obligatory acts of Islam, such as prayer and fasting, and other obligatory acts, when performed, indicate their immense value and their elevated status with the Almighty God. Therefore, no intention of another obligatory act of the same kind can be added to them at the same time. Thus, obligatory acts are distinguished by their specificity and have preceded all other acts of worship. However, an exception may arise in some forms of legal obligations from the obligatory acts, where it is permissible to combine the intention of one obligatory act with another at the same time, under precise conditions. Adherence to these conditions is necessary for the exception to apply, and the permissibility of combining two intentions in a single act entails certain.
AL Hussein ABDURABBAH ABDULLAH ABDURABBAH
Al-Shatibi between the illiteracy of Sharia and the scientific miracle: an analytical study
This research discusses a significant issue, namely the views of Imam Abu Ishaq al-Shatibi, author of Al-Muwafaqat, regarding the illiteracy of Islamic law (Sharia) and the scientific miracles of the Quran. Scholars agree that al-Shatibi denied the scientific miracles of the Quran due to his adoption of the concept of the illiteracy of Islamic law (Sharia). This study attempts to prove that al-Shatibi did not deny the scientific miracles of the Quran, but rather had a unique conception of this type of miracle, which he established based on his precise and unique understanding of the illiteracy of Islamic law (Sharia). From the perspective of this research, al-Shatibi's description of Islamic law as illiteracy is not a reason for denying the scientific miracles of the Quran. Rather, it was a solid and firm foundation upon which he relied to construct a unique conception of the scientific miracles of the Holy Quran.
The Impact of the Impossibility of Objects on Sharia Rulings – A Comparative Jurisprudential Study
The divine ruling in Islamic law is either based on a cause, dependent on its existence or nonexistence, or purely ritual, without a known cause to follow it, according to the classification of scholars. Since the ruling is related to the cause in reasoned rulings, evidence from the Qur’an, Sunnah, consensus, and reason indicates that the transformation of the impure substance from its true nature and description to another nature with a different description is considered, and the effect of its transformation is taken into account on the legal ruling, based on the fact that the change and transformation of the substance has an effect on the legal ruling. This is what most Malikis consider in a rule they call “transformation,” or other established names for it. Jurists have based many examples on this rule that address the daily life of Muslims, such as the transformation of sewage water, the transformation of cheese formed by the rennet of an animal whose meat is permissible to eat, and other applications that are of great importance. However, the difference in the meaning of this rule and the consideration of its effect was a matter of consideration in the school, and this is what led them to formulate some of its names in the form of a question.