Journal of College of Sharia and Islamic Studies

Front Matter

Hamzeh Abdallah Ayed Khwaileh — 2026-01-29

Back Matter

Hamzeh Abdallah Ayed Khwaileh — 2026-01-29

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — 2026-01-29

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — 2026-01-29

Table of Content

Hamzeh Abdallah Ayed Khwaileh — 2026-01-29

Table of Content

Hamzeh Abdallah Ayed Khwaileh — 2026-01-29

Domestic Violence Protection Laws in (Saudi Arabia, United Arab Emirates, Kuwait): A Maqāṣid-Based Study in the context of modernist discourse

Wasan Al-Rashidi — 2026-01-29

Objectives: This study analyzes the legislation regarding domestic violence protection in the Gulf, with a focus on three countries: Saudi Arabia, the UAE, and Kuwait. Through the lens of fiqh and maqāṣid and in contrast to the modernist discourse, it aims to interrogate the conceptual underpinnings of domestic violence within the Islamic legal tradition, delineates the boundaries of prohibited familial harm, and appraises the degree to which contemporary legal enactments reflect or depart from the foundational principles.

Methodology: The study utilizes a comparative analytical approach, which engages both traditional jurisprudential texts (fiqh) and modern statutory legal texts. By critically juxtaposing these materials, the research evaluates the degree of alignment between contemporary legislative instruments and the maqāṣid-based imperatives of Islamic law, while also probing the influence of evolving modernist paradigms on legal formulation and implementation.

Findings: This study shows that domestic violence legislation in the Gulf broadly aligns with maqāṣid al-sharīʿah, particularly in preserving the five necessities: religion (dīn), life (nafs), intellect (ʿaql), family (nasl), and property (māl). The incorporation of modernist discourse appears to be measured and contextually sensitive, which seems to reflect a balanced synthesis of Islamic ethical norms, cultural traditions, and contemporary legal rationalities. The study thus recommends the initiation of maqāṣid-based training programs for judges and legislators, the expansion of rehabilitative programs for offenders, and the enhancement of protective and shelter services for victims.

Originality: This contributes a pioneering effort in bridging Islamic legal theory with contemporary legislative analysis concerning the protection against family violence. By foregrounding the maqāṣid-based approach and critically examining the influence of modernist discourse, the study offers a substantive contribution to the evolving field of Islamic legal reform and enriches scholarly engagement with contemporary family law in the Gulf context.

Modernist Feminist Movements and their Impact on Family Law: Moroccan Legislation as a Case Study

Abdelmounaim Elmoumni — 2026-01-29

Abstract

Objectives: This study explores the impact of modernist women organizations on Moroccan family law, particularly in relation to the demands they have articulated over time. The study spans from the year 1957 to the most recent reform process initiated on July 30, 2022. It examines the foundational principles from which these organizations advance their demands and evaluate the extent and ways in which their demands align with or challenge Islamic identity and national cultural specificity.

Methodology: The research utilizes a historical approach to trace the impact of women movements on key milestones in the development of Moroccan family law. Additionally, it incorporates both descriptive and analytical methodologies to scrutinize the main demands put forth by these movements, along with the justifications they present to the legislator. It critically analyzes these demands and explores their foundational principles and the eventual outcomes of their advocacy.

Findings: The study concludes that modernist women movements have had significant influence on the process of revising Moroccan family law. Their pressure led to the passing of several proposals. It is also evident that certain factions, particularly those aligned with a modernist leftist perspective, show a significant indifference towards Islamic principles and national cultural values in some of their demands. They predominantly draw upon international conventions and global recommendations to contextualize their proposals within the discourse of women’s rights and societal modernization, however, often at the expense of maintaining the integrity of Islamic family law.

Originality: This study presents a thorough examination of the evolution of women demands from 1957 to 2022, along with an in-depth analysis of how these demands have shaped the development of Moroccan family law. It also critically engages with the modernist women push to amend certain Islamic tenets within the Family Code, with an original perspective into the ongoing tension between Islamic jurisprudence and the dynamics of modern legal reforms. It also draws upon several of the most recent memoranda and petitions submitted to the Family Code Review Committee, which provides an up-to-date view on the topic.

The Conflict between Universal Principles and Particulars in Islamic Feminist Thought: An Evaluative Study from the Perspective of Islamic Legal Theory (Uṣūl al-Fiqh)

Gazala Nouri Ben Ashur — 2026-01-29

Research Objectives: This study aims to analyze Muslim feminists’ criticism of legal rulings pertinent to women issues, with a special focus on their lack of understanding and conflation of two legal principles within these rulings, the universals (al-kulliyyāt) and the particulars (al-juzʾiyyāt).

Methodology: The study utilizes both descriptive-analytical and critical methodology. Through the methodological lens of legal theory (uṣūl al-fiqh), it traces and constructs the Islamic feminist position on the subject matter, analyzes it, and evaluates its diverse implications.

Findings: We draw several key conclusions, notably the Muslim feminists’ failure to recognize and understand the dichotomy of particular (juzʾī) and universal (kullī) rulings, which manifests on two fronts or levels. The first level is operational and can be seen in their method of undertaking the legal text. The second level is epistemological and can be traced in how they define value universals (al-kulliyyāt al-qiyamiyya), especially in their assessments of the cases that pertain to each universal principle.

Originality: The study contributes an original and substantial legal-theory based (uṣūlī) analysis of the fundamental principles upon which Muslim feminists build their criticism of fiqh rulings. As such, it highlights an aspect that has remained largely underexplored despite its relevance to the intellectual output of this movement.

The Educational Dimensions of Foreign Children’s Films Between Gender Issues and the Promotion of Homosexuality: Barbie as a Model

Naouel Boumechta — 2026-01-29

Objectives: This study aims to explore the various educational dimensions embedded in the Barbie film. It examines the ways in which these dimensions are conveyed, including the various symbolic implications, both explicit and implicit, of the colors, music, and language used in the film.

Methodology: This is a qualitative descriptive study that employs the semiological approach proposed by Christian Metz to analyze selected scenes from Barbie.

Findings: Barbie appears to incorporate several negative educational elements that adversely affect children and their upbringing, particularly young girls. It questions the intrinsic value of motherhood, which is crucial for the preservation of lineage and the continuity of future generations. Furthermore, the film highlights facets of female identity that are disconnected from reproductive roles and romantic relationships. It focuses on women’s personal lives, while undermining traditional masculine identity, which has historically been vital for upholding societal values, guiding the upbringing of youth, and ensuring social equilibrium.

Originality: This research is distinctive in its critical pedagogical analysis of Barbie using a semiological perspective, connecting visual and linguistic symbolism to educational and value-based dimensions. The framework provided by Christian Metz helps in interpreting the hidden messages in this film intended for children, thus paving the way for a deeper understanding of the impact of visual media on education and the challenges it poses within Muslim contexts.

Muslim Family Values and Terminological Westernization: A Comparative Analytical Study

Tarek Khalifa — 2026-01-29

Objective: This study aims to examine the potential correlations between media discourse and the evolving image and representation of the Muslim family. It seeks to explore the hypothesized causal relationship between the terminology prevalent in media and cyberspace, and the shifting values within the Muslim family structure.

Methodology: This study made use of comparative methodology, undertaking an analysis of a set of terms related to the family and its components within certain languages used in modern means of communication (Arabic, French, and English). We chose to base the study primarily on comparing selected Arabic vocabulary connected to familial relations (such as marriage, parenthood, brotherhood, etc.) with their corresponding terms in French and English. As for the analytical method, it enabled us to clarify the levels, manifestations, and causes of the changes occurring in the values of the Muslim family, and to determine the extent to which these changes are linked to terminological Estrangement

Results: After outlining the elements of the presumed relationship between the transformations illustrated in the image and values cherished by the Muslim family on one side, as well as the terminological shifts common in media discourse on the other, the study culminated in recognizing the dual function of media as both a catalyst for crisis and a possible means of resolution. This finding necessitated the proposal of strategies aimed at positively leveraging the power of imagery to influence awareness and behavior.

Originality: This descriptive and comparative terminological method utilized in this study may highlight the significance of specific neglected elements contributing to the decline of values in the Muslim family. This is a field that deserves scholarly attention and focus.

Family Crisis in the West: A Civilizational Perspective

Hassen Ben Hassen — 2026-01-29

Objectives: The modern family in the West is built upon the principle of individualism, which places the individual in a position of importance. This idea has traversed a long historical and semantic journey, marked by tensions and fluctuations that have culminated in tangible historical outcomes. This study aims to critically analyze this trajectory by tracing its main semantic junctures, and to construct a civilizational framework that reinterprets it from a novel vantage point, in an attempt to pave the way for the reframing of the family as a social institution and practical domain with its distinct epistemological and ethical aspects, thus transcending the binary opposition between effacing the individual and positing individualism as the singular foundational principle.

Methodology: The study utilizes a critical civilizational approach that is based on the changes experienced by the modern Western family since the Industrial Revolution. It seeks to reconstruct the historical path that has led to its current condition by situating the family within the broader social choices of modernity.

Results: The study indicates that the crisis within the Western family is complex and closely linked to modernity’s foundational choices, the constraints of individualism, and the challenges that disrupt balance between the individual and the family institution.

Originality: The study calls for a civilizational perspective on Western family issues, providing it with objective epistemic content and an applicable methodological framework.

Maqāṣid-Based Ijtihād and the Issue of Women’s Blood Money (diya)

Ali Sulaiman Al Saleh — 2026-01-29

Objectives: This study aims to ascertain the preponderant viewpoint regarding the value of a woman’s blood money (diya), by undertaking the issue within the framework of the overarching goals of Islamic law (maqāṣid al-sharia). This study thus seeks to utilize a maqāṣid-based legal reasoning (ijtihad) to derive and apply the most plausible and sound opinion on the matter.

Methodology: The research uses an inductive approach to highlight the roles and functions performed by maqāṣid-based ijtihad. Additionally, it employs a functional method to explore the impact of maqāṣid-based ijtihad on the question of women’s diya and to examine the extent to which different opinions align with the overarching goals of Islamic law.

Findings: The study concludes that the impact of maqāṣid-based ijtihad on Women’s diya money is reflected in the preference for the opinion that advocates equalizing it with that of a man. This conclusion is reached by deriving the relevant maqāṣid and then looking into the evidence in light of their alignment with them, as well as the strength and the inference drawn from them. The study further considers broader implications, including the relief of the legal burden resulting from international conventions and constitutional principles.

Research originality: This research highlights the maqāṣid-based dimension of the issue of women’s blood money in a well-founded and applied manner, thus offering a novel contribution to the topic. Earlier studies have typically approached the issue through a textual analysis of the evidence, focusing on its implications and authenticity, yet without addressing the maqāṣid of sharia in a rigorous, evidence-based way.

Premenstrual Syndrome and Criminal Liability in Iranian Law: A Legal Lacuna

Abolfazl Alishahi ghaleh joughi — 2026-01-29

Objectives: This study examines whether Iranian law and jurisprudence support the hypothesis that certain women are more predisposed to criminal behavior during their menstrual cycle, which then warrants a reduction in their punishment.

Methodology: Using a descriptive-analytical approach, this research explores perspectives from medical professionals, lawyers, and jurists regarding premenstrual syndrome (PMS) as a mental disorder with potential implications for mitigating criminal liability.

Findings: A key finding of this study is that PMS has been categorized as a type of mental disorder. By analyzing legal provisions related to mental disorder in Iranian law and interpretations of the term ‘harm’ (adhā) in Qur’an 2:222 (Al-Baqarah/The Cow) concerning menstruation, this study assesses whether PMS can serve as a mitigating factor in criminal sentencing under Iranian law.

Originality: While many jurists argue for a correlation between PMS and criminal behavior, which suggests that it should be considered in sentencing reductions, Iranian law discourse has largely overlooked this issue. Notably, PMS serves as a mitigating factor in various legal systems worldwide, yet its legal implications remain unexplored in Iranian law.