scholarly journals حكم تعزير مانع الزكاة بأخذ المال عند المذاهب الأربعة

2021 ◽  
Vol 2 (2) ◽  
pp. 186-206
Author(s):  
Mukran H. Usman ◽  
Imran Bukhari ◽  
Awal Rifai Wahab ◽  
Aris Firdaus

Zakat obligation is matter in religion that are logically already known. Refusing to pay zakat due to ignorance and greed is one of the great sins in afterlife law, and is among the most heinous crimes in worldly law. This research discusses the law of takzir against people who are reluctant to pay zakat by taking their property according to the four schools. This research aims to find out the opinions of the four schools of jurisprudence about the law of takzir against people who are reluctant to pay zakat by taking their property (forcibly), and to know the understanding of disputes of opinion about the takzir against people who are reluctant to pay zakat by taking their property according to four schools. The research methods used in research are inductive-deductive and comparative methods. The results showed that the four schools of jurisprudence agreed to impose takzir on people who are reluctant to pay zakat by taking their property forcibly according to the obligatory zakat rate on it without additional. While some scholars consider that takzir for people who are reluctant to pay zakat is to take their property forcibly according to the obligatory zakat rate on it accompanied by additional punishment that takes half of its property. This is the opinion of the old Shafii (qaul qadīm), one of the narration of Imam Ahmad, as well as the opinion of some scholars such as al-Auzāʿī, Isḥāq bin Rāhūyah, Ibn al-ʿUṡaimīn, in addition to the opinion of the permanent of Fatwa Commission of the Kingdom of Saudi Arabia. As for the understanding of dissent in this matter is the knowledge that every school of jurisprudence has a proposition as a guideline to strengthen its opinion, so that the difference should not be the cause of division and hostility among the Muslims.

Author(s):  
Nada Zwayyid Almutairi ◽  
Eman Salah Ibrahim Rizk

This study explores interactive e-book cues and Information Processing Levels (IPL)’s effectiveness on Learning Retention (LR) and External Cognitive Load (ECL). 117 middle school pupils (MSP) were divided into six experimental groups based on their IPL and cues during the second term of the academic year 2019–2020. Visual Cues (VC)/Audiovisual Cues (VAC) and Auditory Cues (AC)/Audiovisual Cues (VAC) statistically varied in the Ie-book in LR test and ECL scale, same for the average scores when testing the LR in Science for MSP due to the difference between IPL for the DL. There is a statistically significant effect of cue types' interaction in Ie-book with IPL in ECL scale for MSP, at its highest peak in the case of the AVC with DL, followed by the interaction resulting from the VC with DL then AC with SL. Also, cues interaction in Ie-book with IPL immensely affect the LR test for MEP, which is at its highest peak in the case of the AVC with DL. The interactions between (DL–SL) and (AC–VC) seem to equally influence the ELC.


2021 ◽  
Vol 9 (1) ◽  
pp. 1-16
Author(s):  
Azziz Raouane ◽  
Ruhi Fadzlyana Jailani ◽  
Mualimin Mochammad Sahid ◽  
Mushaddad Hasbullah

Abstract in Arabic: إن نسب ولد اللّعان وميراثه من أبيه الذي نفاه ولاعن على نفيه، يعدّ من المسائل التي لها اعتبارها في الشّريعة والقانون، وذلك لتعدّي الأثر المترتّب على نفي نسبه من أبيه، إلى حرمانه من الميراث من هذا الأب وأسرته، وقد أقرّت بعض المحاكم تحليل البصمة الوراثية عند نفي نسب الولد، وهنا تكمن مشكلة البحث، وذلك فيما إذا نفى الأب الابن وأقرّت نسبه  البصمة الوراثية. هدفت هذه الدّراسة إلى التّعريف بولد اللّعان من النّاحية الشّرعية والقانونية، ثم بأهمية تحليل البصمة  الوراثية كدليل يعمل به عند تضارب الأقوال بين الزّوج والزّوجة، وقد اعتمدت الدّراسة في هذا البحث على المنهج الاستقرائي وذلك من خلال تتبّع آراء الفقهاء وأدلتهم، والنّظر في سبب الخلاف بينهم، كما اعتمدت على المنهج التّحليلي المقارن في مناقشة آراء الفقهاء وأدلتهم وتحليلها، مع مقارنة هذه الأحكام بما يجري عليه العمل في القانون الماليزي، وقد خلصت هذا الدّراسة إلى نتائج مهمّة منها: أن الولد يبقى على نسب أبيه ما لم ينفه ويلاعن عليه، وأنّ فصل القول عند نفي نسب الولد أو إثباته يرجع إلى تحليل البصمة الوراثية، وأن ولد اللّعان لا ينتفي نسبه وميراثه إلا إذا وافق تحليل البصمة الوراثية قول الزّوج الملاعن.    Abstract in English: The lineage of al-li`an child and his inheritance from his father, who denied him and performed oath of condemnation (al-mula’anah) is considered one of the crucial issues in the Sharia and the law. This is because of the serious effects of denying his lineage from his father, which leads to depriving the child of the inheritance of the father and his family. Some courts accepted the analysis of the DNA when denying the child's lineage. Based on this fact, the issue has raised, especially when there is a conflict between the father’s denial of his son and the court’s finding based on DNA result. Which one is to be accepted if the father denied while the court confirmed his child’s lineage? This study aimed at introducing al-li`an child from Sharia and legal points of view, and the importance of analyzing the genetic footprint (DNA) as a guide to be used when there is a conflict between husband and wife in their opinions. The research methods used in this study are the inductive approach by tracking the views and evidence of the Islamic jurists and examining the reasons for the disagreement among them. In comparison, the analytical and comparative methods are used to discuss and analyze the opinions of the jurists and their evidence and compare these provisions with what is being practiced in Malaysian law.  This study has reached some important results among others: the child of al-li`an remains a legitimate child as long as the father did not deny his lineage. The final decision on denying or confirming child’s lineage is based on the analysis of the genetic fingerprint (DNA result). Therefore, the lineage of al-li’an child and his inheritance right remains valid or undeniable unless the analysis result of the genetic fingerprint conforms with the statement of the father who denied his child lineage through al-li`an (oath of condemnation).


Author(s):  
Mohamed Fahmi Ghazwi ◽  
Ahmad Masum ◽  
Nurli Bt Yaacob

An interim measure is, broadly speaking, a remedy or a relief that is aimed at safeguarding the rights of parties to a dispute pending its final resolution. The paper aims to provide a clarification to the Arbitration law in Saudi Arabia focusing mainly on the issue of the issuing of interim measures in arbitration by identifying the process stages under the Saudi Arbitration Law 2012. This paper discusses the issuing of interim measure in international arbitration in the Kingdom of Saudi Arabia through identification of laws, process and procedure in the issuance of interim measures in arbitration proceedings. Two major research strategies are adopted in this study, which are, qualitative and analysis based on exploratory approach for process of issuing interim measures in arbitration. Data were collected from libraries and published reports as well as interviews conducted with judges and arbitrators in Saudi Arabia. This paper challenges the argument of issuing interim measures by showing the process and the mechanism used in Saudi Arabia. The researchers explored the missing issues of the law related to the issue of interim measures in international arbitration in the kingdom of Saudi Arabia as well as the standards of issuing the interim measures.


Author(s):  
Reem Abdullah Alqnayah Reem Abdullah Alqnayah

The study aimed to identify the importance of local and foreign investment in the development of the national economy, determine the extent of the difference between local and foreign investors towards the obstacles they face in investments, reveal the obstacles to domestic and foreign investment in the Kingdom of Saudi Arabia, and identify the most important factors that contribute to finding optimal solutions to these obstacles. And the difficulties, the researcher relied on the use of the descriptive approach, and the target community was determined to consist of all local and foreign investors in the city of Riyadh, where the hypotheses of the study were weak legislation related to competition from legal and technological obstacles to local and foreign investment in Saudi Arabia, not providing that structure from legal and technological obstacles Local and foreign investment in Saudi Arabia, and low transparency and flexibility in the application of these laws are among the regulatory obstacles to local and foreign investment in Saudi Arabia. The results of the study showed weak legislation related to competition, lack of infrastructure for investment projects, low transparency in the application of regulations and the necessary inflexibility when implementing them, and some conflicting Current systems with systems As for foreign investment, the lack of incentives to invest in remote areas, the delay in disbursing dues to government agencies, and the length of customs exemption procedures, the study recommended increasing attention to competition-related legislation, providing the necessary infrastructure for investment projects, interest of government agencies in disbursing dues on time, transparency and flexibility in Applying investment laws and regulations, and providing investment facilities to investors in remote areas.


2018 ◽  
Vol 4 (3) ◽  
pp. 492-496
Author(s):  
Yousef Ahmed Alomi ◽  
Hussam Saad Almalki ◽  
Aisha Omar Fallatah ◽  
Awatif Faraj Alshammari ◽  
Nesreen Al-Shubbar

The national total parental nutrition program with an emphasis on pediatrics started before several ago at Ministry of health hospitals In Kingdom of Saudi Arabia. The program covered several regions and consisted from the foundation of Intravenous Admixture and preparation of pediatric parenteral nutrition to administration and follow up of patients outcomes. In addition to the prior system, the new initiative project with the standardized formulation of pediatric’s parenteral nutrition is the complementary project of the parental nutrition for pediatrics. The project initiated to prevent drug-related problems of parental nutrition, improve patient clinical outcome and reduce the unnecessary economic burden on the healthcare system. It is the new system in the Middle East and Gulf counties in additional to Saudi Arabia. The initiatives are the systemic implementation of standardized pediatrics formulation using management project tools of starting new idea until finding in the ground.


2018 ◽  
Vol 4 (3) ◽  
pp. 483-487
Author(s):  
Yousef Ahmed Alomi ◽  
Hussam Saad Almalki ◽  
Aisha Omar Fallatah ◽  
Awatif Faraj Alshammari ◽  
Nahedh Rashed Alotaibi

The general administration of pharmaceutical care started potential pharmacy practice program. The program is part of accreditation professional’s process of national and international regulations. The adult’s parenteral nutrition was one of the critical programs. The most healthcare professionals are not familiar with the new system. The new initiatives system adult’s standardized concentration formulation of total parental nutrition as complementary to the previous one. The new formulation consisted of all parental nutrition requirements based on national and international standards. The new system can be converted as computerized physician orders. The new initiatives may implement as project management model over one year or less than that’s. The new system prevents nutrition-related problems, and medication errors, and improve clinical outcomes of the adults’ population in the Kingdom of Saudi Arabia.


2019 ◽  
Vol 16 (4) ◽  
pp. 503-512
Author(s):  
Simeon S. Magliveras

Filipinos are a major part of the workforce in the Kingdom of Saudi Arabia with a population of almost one million. This article investigates the effects of gender segregation on Filipino workers and how they navigate their lives through systems imposed on them. In particular, it examines the Kafala system (administrative sponsoring system) used for recruiting migrant workers for GCC countries. This article suggests that contrary beliefs about gender segregation and dress codes, Filipinas found it empowering. However, this article also concludes that gender segregation and dress codes also lead to isolation and loneliness. In addition, it is concluded that the fate and contentment of the overseas Filipino workers are directly dependent on who sponsors them.


Author(s):  
Zuber Mujeeb Shaikh

Patient and Family Rights (PFR) is a common chapter available in the Joint Commission International (JCI) Accreditation[i] (fifth edition) and Central Board for Accreditation of Healthcare Institutions (CBAHI) Standards for hospitals (second edition)[ii]. JCI Accreditation is a USA based international healthcare accrediting organization, whereas CBAHI is the Kingdom of Saudi Arabia based national health care accrediting organization. However, both these standards are accredited by Ireland based International Society for Quality in Health Care (ISQua), which is the only accrediting organization who “accredit the accreditors' in the world. In Patient and Family Rights (PFR) chapter of JCI Accreditation for hospitals, there are nineteen (19) standards and seventy-seven (77) measurable elements (ME) whereas in CBAHI Accreditation there are thirty one (31) standards, ninety nine (99) sub-standards and fifty (50) evidence(s) of compliance (EC). The scoring mechanism is totally different in both these accrediting organizations. The researcher has identified thirty two (32) common parameters from JCI Accreditation and CBAHI standards, intent statement, measurable elements, sub-standard and evidence of compliance. On the basis of these identified common parameters, the researcher has compared the Patient and Family Rights chapter in JCI Accreditation and CBAHI Standards. Methods: This is a comparison study (normative comparison) in which the researcher has critically analyzed and compared the Patient and Family Rights (PFR) standards of JCI (Joint Commission International) Accreditation of USA (United States of America) and CBAHI (Central Board for Accreditation of Healthcare Institutions) of the Kingdom of Saudi Arabia. Data Collection: Primary data are collected from the JCI Accreditation Standards for hospitals, fifth edition, 2013 and CBAHI Standards for hospitals of Kingdom of Saudi Arabia, second edition, 2011. Secondary data are collected from relevant published journals, articles, research papers, academic literature and web portals. Objectives of the Study: The aim of this study is to analyze critically Patient and Family Rights (PFR) Standards in JCI Accreditation and CBAHI Standards to point out the best in among both these standards. Conclusion: This critical analysis of Patient and Family Rights (PFR) Standards in JCI Accreditation and CBAHI Standards for hospitals clearly show that the PFR Standards in CBAHI Standards are very comprehensive than the JCI Accreditation standards.


2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.


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