Journal of College of Sharia and Islamic Studies

The Christian Trinity in the Writings of Quranic Exegetes: A Comparison with Islamic Polemicists

Khalid M. Almutlaq — 2024-07-07

Objectives: This paper compares the perspectives of sixteen Quranic exegetes with those of Islamic polemicists specialised in Christian studies, particularly in their treatment of the Christian concept of the Trinity.

Methodology: The paper employs an inductive approach to uncover the views of various Quranic interpreters and Islamic polemicists regarding the Trinity. Besides, it utilises a comparative method to discuss and contrast their opinions on the subject matter.

Findings: Comparing the polemicists’ views with those of the exegetes reveals the precision and consistency of the former in conveying the Christian understanding of the Trinity. In contrast, the exegetes' interpretations vary, with some describing it as three hypostases, others as three gods, and occasionally an exegete may mention both interpretations. There is also a distinction in addressing the third entity of the Trinity. While the polemicists identify it as the Holy Spirit, some exegetes alternatively mention Mary, and others refer to both views.

Originality: The paper underscores the importance of cautiously conveying Christian beliefs about the Trinity based on certain exegetes, highlighting the specialisation of polemicists in religious studies.

Manifestations of Infringement on the Public Authority's General Jurisdiction in Currency Issuance and Management from an Islamic Perspective

Abduljabbar Hamad Obaid Al-Sabhany — 2024-07-07

Objectives: This study aims to identify and analyse the forms of infringement on the sovereign right of public authority in the issuance and management of currency, particularly in the context of the fractional reserve banking system and the technological advancements facilitated by globalisation, which have enabled the creation and promotion of virtual currencies.

Methodology: The study adopts a composite method that combines historical induction and logical reasoning to explore the forms of infringement on the general jurisdiction of the authority associated with both traditional and emerging forms of currency.

Findings: The study concludes that safeguarding public authority's exclusive and disinterested right in currency issuance and management is a priority in Islamic legal policy. Such necessitates caution against forms of infringement that violate this right due to their impact on the fairness and efficiency of the monetary system.

Originality: This research's originality lies in its characterisation of the generation of credit money and the issuance or mining of virtual currencies as contemporary forms of infringement on the authority's general jurisdiction, akin to the counterfeiting of paper money.

Common Provisions between Preventive Measures and Bankruptcy Declaration in Kuwaiti Law (71/2020): A Comparative Study with Islamic Jurisprudence

Abdulhadi M. A. Alajmi — 2024-07-07

Objectives: This study examines the key provisions common to preventive measures against bankruptcy (preventive settlement and restructuring) and the declaration of bankruptcy in the Kuwaiti Bankruptcy Law (71/2020), comparing them with Islamic jurisprudence. Such is particularly relevant as many of these provisions received no treatment in the repealed articles (555-800) of the Commercial Law (68/80) or other Arab legislations, such as the Egyptian Law of Protective Reconciliation and Restructuring and Bankruptcy Declaration (11/2018).

Methodology: This study employs three methodologies: an inductive approach to collecting legal and jurisprudential material, a deductive approach to the provisions under investigation, and a comparative approach to these provisions and Islamic jurisprudence.

Findings: The study concludes that many of the shared provisions in the law are consistent with Islamic jurisprudence, while others differ. The application of these provisions may vary depending on the debtor's situation, whether they are bankrupt with debts exceeding assets or facing financial difficulties without entering bankruptcy.

Originality: This study is the first jurisprudential analysis of the shared provisions between bankruptcy and its preventive measures in Kuwaiti Bankruptcy Law. The study includes several recommendations for aligning the provisions of this law with Islamic jurisprudence.

The Kitāb al-Jadal of Abū Bakr ʿImād al-Dīn ʿAbdallāh b. Muḥammad al-Nūqānī al-Baghdādī al-Shāfiʿī (A Scholar of the Sixth Century): A Study and Critical Edition

Mohsen Zerwaly — 2024-07-07

Objectives: This study contains a critical first edition of a text in the fields of Uṣūl al-Fiqh (Principles of Islamic Jurisprudence) and Jadal (Islamic Dialectics) by ʿImād al-Nūqānī, a prominent Shāfiʿī scholar in the disciplines of Fiqh, Uṣūl, and Jadal. The study also seeks to shed light on the author's biography, which remained obscure for an extended period.

Methodology: The study employs an inductive approach based on collecting, analysing, comparing, and deducing information regarding the author's biography. It also utilises a historical method focused on authenticating the manuscript's attribution to the author through critical examination and validation of information on his person.

Findings: Among the most significant findings of this study is the calculation of al-Nūqānī’s life span as being from the second decade to the end of the sixth century (or early seventh century) and the refutation of the manuscript's incorrect attribution to Fakhr al- Nūqānī.

Originality: This study's value lies in its critical edition of a previously unedited text and in clarifying the author's biography. The text includes essential discussions such as objections to analogical reasoning (qiyās), the conditions for there being a qiyās al-ʿilla (analogical reasoning based on the effective cause), the organisation of objections in a debate, and the types of rational and transmitted evidence.

Paying Tribute: Returning to the Story of the “Qur‘ān of ‘Uthmān

Efim Rezvan — 2024-07-07

Objectives: The Qur’an occupies a central position in a religious and philosophical system that has had a significant and emblematic impact on human history, influencing Arabic studies worldwide. Such is particularly true for Russian Arabic studies, where the '‘Uthmanic Qur’an', with copies in Saint Petersburg and Uzbekistan, has played a crucial role. This study aims to honour our teachers and the Arab community of Qashqadarya, who continue to preserve their language and culture.

Methodology: Synthetic, Comparative.

Findings: The history of these manuscripts spans over twelve centuries, providing rich material linked to the fate of human lineages, nations, cities, peoples, and Islamic civilisation since its emergence in the Arabian Peninsula in the 7th century until the triumph of Islam. This Islam endured against the communist regime in the Islamic republics of the Soviet Union. The Russian School of Arabic Studies survived the 1917 Revolution due to its concentration on research areas that were of particular importance at the time. These included the study of Arabic sources on the history of the USSR territories and the living Arabic dialects used in the Central Asian republics. Such led to the publication of significant works on the language, ethnography, and history of the Arabs of Qashqadarya, whose ancestors brought the '‘Uthmanic Qur’an' from the Arabian Peninsula via the Silk Road to their land in Uzbekistan.

Originality: Today, advanced research techniques must be used to study and analyse the '‘Uthmanic Qur’an' manuscript and reconstruct the origin, culture, and dialects of the Arab population in Qashqadarya, Uzbekistan. These include DNA analysis and modern linguistic methods based on big data and artificial intelligence technology.

The Mālikī School of Law in Andalusia and Its Impact on the Development of European Legal Systems

Rachid Berrada — 2024-07-07

Objectives: This article explores the history of the Mālikī school of law in Andalusia and its influence on European laws. The study opens with the period of the Muslim conquest of Andalusia, aiming to highlight the various schools that existed before the emergence and spread of the Mālikī school and its impact on European laws.

Methodology: This article uses a descriptive analysis, drawing on early and contemporary Islamic sources. Its goal is to trace the spread of the Mālikī school of law in Andalusia and analyse its influence on European laws.

Findings: This article demonstrates how the Mālikī school of law influenced modern European laws that modified this jurisprudence and integrated it into their legal systems, such as the French Civil Code. Such was the result of a substantial interaction between Muslims and non-Muslims following the Islamic conquest of Andalusia. Consequently, the article concludes that introducing the Mālikī school of law into Andalusia substantially impacted European laws and systems.

Originality: This article discusses the entry of Muslims into Andalusia during the European Dark Ages. It elucidates how the conquest of Andalusia affected the Andalusians and that Islamic civilisation and the Mālikī school of law influenced most of Europe's nations as well.

ᶜIlm al-ikhtilāf in Modern Western and Muslim Studies of Juristic Disagreement–A Critical Analysis

Mourad Laabdi — 2024-07-07

The acknowledgment of juristic disagreement (ᶜilm al-ikhtilāf) as an independent field of Islamic law by Western historians of Fiqh and Uṣūl is over a century and a half old. Yet, there is still much ambiguity and confusion about this legal subarea, its history, its theories and methods, and its place in the emergence and development of Islamic law. This paper provides a critical reading of modern Western studies of ᶜilm al-ikhtilāf. It analyzes the ways in which Western scholars have conceived of this sub-science and visits key unresolved issues with a focus on the conceptual and methodological undertaking of ᶜilm al-ikhtilāf. Through its critical reading of modern Western studies of ᶜilm al-ikhtilāf, this paper mends two gaps in the examined scholarship: the conceptual confusion of the concepts of ‘ikhtilāf’ and ‘khilāf’ on the one hand, and the confusion of the genres of “ikhtilāf fiqhī” (juristic disagreement) and “jadal fiqhī” (juristic dialectics) on the other. The methodology employed in this study comprises a comprehensive and interdisciplinary approach, which bridges the realms of pre-modern and modern sources. It hinges on a meticulous analysis of both Muslim and Western studies of Islamic law, deliberately interweaving these two dimensions to provide a more holistic and nuanced perspective on the questions undertaken within this research. After close examination, it is observed that key distinctions made with regard to the science of ᶜilm al-ikhtilāf, such as between the concepts of ‘khilāf’ and ‘ikhtilāf’, are a modern invention that has no lexical precedent. According to this study, distinction is to be made between Fiqh-based, practical disagreements and Uṣūl-based, theoretical disagreements. This study contributes the first source reading of Western scholarship on the science of juristic disagreement. In addition, classifying ᶜilm al-ikhtilāf in terms of practical (Fiqh-based) and theoretical (Uṣūl-based) studies is an original reading.

Uses and Implications of Marijuana from the Perspective of Islamic Law

Manswab Mahsen Abdulrahman — 2024-07-07

Objectives: The study aims to determine whether all uses of Marijuana are considered haram (prohibited) or if there are any exceptions.

Methodology: It employed a qualitative methodology and rigorously examined relevant materials from a jurisprudential perspective, including textual and contextual aspects. Data for this study were sourced from various materials, including books, journal articles, reports, conference papers, and websites.

Findings: The research highlights the differences between hemp and Cannabis sativa, both types of marijuana plants, distinguished by their varying levels of tetrahydrocannabinol (THC). Hemp contains less than 0.3% THC, while Marijuana can have THC levels up to 28%. Marijuana is primarily used for recreational purposes, whereas hemp has numerous industrial applications such as textiles, rope, paint, clothing, shoes, paper, bioplastics, insulation, lotions, and more. Ultimately, the ruling on marijuana use varies between forbidden (haram) and permissible (halal), depending on the intent behind its use. This is consistent with the Islamic legal principle that the determining factors influence the law.

Originality: The study's findings will assist policymakers in effectively managing hemp, creating job opportunities, and significantly increasing tax revenue while implementing measures to prevent and control its use. The scientific value of this research lies in analyzing marijuana consumption from the perspective of the Sharia, which aligns with the higher objectives of Islamic law: preserving the mind and wealth.

Book Review Vicegerency in Islamic Thought and Scripture: Towards a Qur’anic Theory of Human Existential Function, by Chauki Lazhar

Owais Manzoor Dar — 2024-07-07

Book Review

Vicegerency in Islamic Thought and Scripture: Towards a Qur’anic Theory of Human Existential Function, by Chauki Lazhar, London and New York, Routledge, 2023, pp vii +269

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — 2024-07-07

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — 2024-07-07

Table of Content

Hamzeh Abdallah Ayed Khwaileh — 2024-07-07

Table of Content

Hamzeh Abdallah Ayed Khwaileh — 2024-07-07