Journal of College of Sharia & Islamic Studies

Front Matter

Thu, 12 May 2022 00:00:00 +0300

Back Matter

Thu, 12 May 2022 00:00:00 +0300

Editorial Foreword

Thu, 12 May 2022 00:00:00 +0300

Editorial Foreword

Thu, 12 May 2022 00:00:00 +0300

Table of Content

Thu, 12 May 2022 00:00:00 +0300

Table of Content

Thu, 12 May 2022 00:00:00 +0300

A Study of additions in "Al-Tabṣirah Fī ’Al-Qirā’āt ’Al-Sab " by Makkī b. Abī Ṭālib Al-Qaysī to Al-Shāṭibiyya

Ahmad Khaled Yousef Shukri , Fatma Saad B A Al-Naimi — Thu, 12 May 2022 00:00:00 +0300

Purpose: This study aims to extract the aspects of an extra reading in the book of al-Tabṣirah over what is in al-Shāṭibiyya, to warn that this passage is not correct to be read now, that its chain of narrators has been discontinued or its narrators diminished.

Methodology: The study followed the inductive approach by looking at all the readings mentioned by Makkī in his book, the descriptive approach to indicate and clarify what he said, and the comparative approach in discussing and comparing his words with the other reading books of readings, as required by the nature of the research.

Findings: The most important results of the study are that the increases in insight into Shāṭibiyya are greater than that in al-nashr. The extra reading on the authority of one reciter may be correct on the authority of another reader. The increments that are not permissible to read are the ones in which one or more of the conditions of correct reading are defective.

Originality: The scientific value of this research is shown through its explanation of aspects of reading that are not read by mentioning it in one of the most important books of readings.

The Ḥadīths abbreviated by Al-Bukhārī due to content defect: (An applied study in Al-Jāmi‘ Al- Ṣaḥīḥ)

Ziad Abu Hammad, Mona Suliman — Thu, 12 May 2022 00:00:00 +0300

Purpose: This paper aims to study al-Bukhārī’s abridged narrations in his Ṣaḥīḥ. It tackles the possible reasons used in the abridgement of narrations. Abridgement from a methodological perspective is the partial use of the text (matn) of one ḥadīth in several chapters, which, according to scholars, is done for juristic and ḥadīth purposes. However, the abbreviation could be due to weakness in narration.

Methodology: This paper uses an inductive methodology to collect the abridged narrations in the Ṣaḥīḥ and an analytical method to study cases of abridgement in terms of chains of narrators and the text.

Findings: This study examines al-Bukhārī’s approach in handling authentic narrations that have some weakness in their texts. There are many reasons for the abridgement. First, he may abridge a narration because the narrators disagreed on the name, provided that not mentioning the name does not affect the content or the text. Second, al-Bukhārī sometimes abridged part of the text of a narration because he believed that the narrator may have made a mistake. Finally, he may also abridge a text due to lack of certainty of the content.

Originality: The scientific value of this research lies in examining the reasons for which al-Bukhārī abbreviated narrations in his Ṣaḥīḥ, which is an essential aspect of the science of Ḥadīth in which Imam al-Bukhārī excelled.

Selling and buying of trustees with unfairness: Its ruling and effect on the sale contract

Abdel-Majid Al-Salahin — Thu, 12 May 2022 00:00:00 +0300

Purpose: The study aims to clarify the concept of unfairness and the ruling of selling and buying by trustees with unfairness, whether major or minor, and to highlight its effect on the sale contract, the guarantee, and the compensation associated with that contract.

Methodology: The researcher followed the inductive approach by tracking the material, and the researcher also applied the analytical method by presenting the views and their evidence, analyzing and directing that evidence, and comparing the different jurisprudential opinions and discussions directed to those sayings and their inferences.

Findings: The study found that the behavior of the trustee under minor unfairness is permissible and valid. The trustee does not have the right to sell or buy with major unfairness through the authorization granted to him under the contract. The sale contract involving major unfairness is valid for the consideration of contract stability; however, compensation is needed taking into account the contractual balance between the contractors.

Originality: The importance of this study lies in its origination of the rulings on the behavior of the trustee, given that the contract is one of the important contracts in Islamic jurisprudence as it combines capital and commercial and investment skills. This study highlights the effect of those actions on the sale contract in terms of validity or otherwise, and in terms of the trustees’ guarantee of any harm affects the capital master as a result of the trustee’s behavior.

Non-Muslim Minorities in the Madani era of the Prophet

Mohammed Abdelhalim Bichi — Thu, 12 May 2022 00:00:00 +0300

Purpose: The research aims to uncover the position of non-Muslim minorities within society, and their presence, rights, duties, and obligations based on the prophetic arrangement in creating civil peace through both awareness and reality by referring to the foundational source of the legal rulings related to other religious groups before the stage of the jurisprudential codification of the adopted doctrines, whose legal theory was mixed in some of its rulings with historical coercions. The goal is to present the Islamic alternative that is the guarantor of civil peace and the guardian of religious freedoms.

Methodology: I adopted the inductive approach in collecting texts and facts from the Sunnah and the Prophet’s biography, as well as the historical method in describing and analytical in reaching judgments and findings.

Findings: The research highlighted Islamic justice in treating those of different religions and argued for utilizing the Prophet’s Sunnah in managing religious differences, drawing inspiration from the Prophet’s biography in drafting contemporary laws for Muslim countries. and the study also provides expertise for international human rights organizations, and concluded that political and legal jurisprudence must be reviewed in what is known as the rulings of the Dhimmis from the perspective of the correct Sunnah.

Originality: Authenticity appears in referring to texts and facts that established guidance for dealing with the religious other through the Prophet’s biography and how to manage legal life in situations of peace and war, in contrast to the oppressive conditions of religious minorities in the medieval world.

The Dual Nature of Physical Steroids: Normative Concepts between Civil Jurisprudence and ShariꜤah

Ahmad Saad Ahmad AL-Dafrawi — Thu, 12 May 2022 00:00:00 +0300

Purpose: Disagreement among specialists regarding the nature of physical steroids, which are employed in Sports, has not been resolved. This research focuses on simplifying standard concepts for both toxic and harmful substances that physical steroids fall into in their two categories and also the antagonistic relationship between the purpose of preserving the soul (al-Nafs) and the dual nature of steroids. Finally, it draws the accurate standard (legal-Maqāṣidic) concept of these materials, which definitely affect the athletes' right to life and their right to physical integrity.

Methodology: Descriptive and analytical approaches are adopted in conducting this research. Additionally, the conceptual analysis method is used to discover the exact normative terminology.

Findings: Like other medications and drugs, physical steroids are distinguished by their dual nature. Just as it has healing properties that aid in healing, it also has toxic and harmful properties.

Originality: The research's originality and value are highlighted by combining between the jurisprudence of man-made legislation and the Islamic jurisprudence while dealing with the binary nature of steroids. It is also a significant contribution that reveals the legal and legitimate implications of the specific nature of steroids.

Maqasid Analysis of Shariah Rule Pertaining to Combining Contracts Together

Abdulazeem Abozaid — Thu, 12 May 2022 00:00:00 +0300

Purpose: The paper aims to analyze the Shariah objectives of the Shariah texts related to the prohibition of combining contracts to rightly observe the prohibition, as it is feared that some literal interpretations of those texts may have led to unnecessary restriction of peoples’ financial transactions. The paper reconciles those texts and the general Shariah objectives relating to financial transactions.

Methodology: The paper first adopts an inductive approach to examine all relevant Shariah texts, and then shifts to the analytical methodology to achieve the research goals of identifying the prohibited cases and excluding those that are not intended to be prohibited by the Lawgiver.

Findings: The paper finds that understanding the objectives of the Shariah rulings is necessary for their correct application and for assessing when it is acceptable or unacceptable to combine contracts into a single transaction. The paper also finds that the conditioning provision of a loan on entering a financial transaction with the lender does not necessarily involve riba because the benefit that befalls the lender and does not harm the lender at all is not prohibited.

Originality: The study addresses an issue that did not receive sufficient attention in terms of study and analysis, and its importance stems from setting the controls that determine the unlawful combination of contracts, especially in matters related to riba.

Allegiance and Enmity in Relations with One Another

Mohammed Aiash Alkubaisi — Thu, 12 May 2022 00:00:00 +0300

Purpose: The study seeks to elucidate the jurisprudence of relationships in different aspects of life within the allegiance and enmity framework.

Methodology: This study draws on all previous literature, both theoretical and analytical, to compare and contrast evidence in the areas of faith (aqidah) and jurisprudence (fiqh). It then creates a framework that depends on the vast array of critiques and opinions.

Findings: One of the most important results of the study is that the concept of allegiance and enmity came to consolidate the Islamic identity and its personhood. On the other hand, its practical jurisprudence laws came in a related context with the primary aim of delivering the humane message of Islam, as well as the political, social, and economic interests in a complete and balanced method.

Originality: Despite the volume of studies related to the concept of allegiance and enmity, as well as those regarding dialog with the other, specific interdisciplinary research is still scarce. This research bridges this gap in understanding the two disciplines hand in hand.

Humanness of Prophets in the Quran

Abdur Raheem Kidwai — Thu, 12 May 2022 00:00:00 +0300

Purpose: The study draws attention to a pioneering work in Urdu on an interpretation of the Quran, Bashariyat-i Anbiya (Humanness of Prophets), published in 1960 by Abdul Majid Daryabadi (1892-1977), a distinguished Quranic scholar of India. The article places the views of Daryabadi in the wider context of the translation of the Quran scholars of the Indian subcontinent on the issue of the humanness of Prophets, especially of Prophet Muhammad (peace be upon him).

Methodology: The study is based on the analysis of Daryabadi’s thesis and compares and contrasts his thesis with the approach of some Quranic scholars from the Indian subcontinent. The critical discussion focuses on the perception of Prophets, particularly in relation to the divine.

Findings: The Quran projects Prophets as ordinary human beings notwithstanding their holding the August office of Prophethood and their being the best human being as role models to be emulated by their followers. However, Prophets are essentially human beings and totally distinct from the divine. Some Quranic scholars of the Indian subcontinent appear to blur this distinction.

Originality: The humanness of Prophets has not been discussed in the Quranic scholarship. Likewise, their excessive veneration in certain quarters has gone unnoticed. This research unravels these aspects