This article aims to discuss the effect of motive of organised tawarruq parties on its permissibility and to shed light on the importance of considering the overall objectives and goals of Sharīʿah when conducting transactions. An analytical and deductive approach is used to examine the reality of organised tawarruq (al-tawarruq al-munaẓẓam) and the motive behind it as well as the validity of reference to and conception of the texts used in support thereof. The discussion concludes the presence of misinterpretations of the Sharīʿah texts referred to in support of organised tawarruq, as well as obvious overlooking of the motives behind it, which should have led to the exclusion of organised tawarruq from the permissible modes of Islamic finance. This article provides a comprehensive view of organised tawarruq, in terms of its motive, form and substance, in order to assist in reviewing the capability of its use as a financing tool.
The present research investigates an important problem in the human history in general and in the legislative history in particular: ratiocination and its purpose in text construct. Ratiocination is a to-convince tool used to interpret religious or social phenomena. In other words, it helps the reader to become hopeful and confident, where the more he perceives the relationships in a text (i.e. causes and effects, and precedents and results), the abler he will be to interact with an epistle. Accordingly, the Islamic legislation, while considering targets’ circumstances, have ratiocinated many of its judgements. The Qur’an is the primary source of the holy Sharia and there are clear-cut occasions where it ratiocinated the judgements to convince the readers. In this research, we investigate the purpose of ratiocination and its role in and impact on text construct from the viewpoint of a jurist-syntactician, given that this person has a deep understanding of the analysis and ratiocination of the Qur’anic provisions. We aim to achieve the purpose of the study by shedding light on the interpretation of this commentator from the Qur’an, in an attempt to uncover the methodological tools that he relied on in ratiocinating the text. Received: 23 March 2022 / Accepted: 18 June 2022 / Published: 5 July 2022
This article analyzes the literature related to the treatment of non-Muslims in Islam. It discusses Islamic jurisprudential provisions and judgements, as well as their causes and purposes, using the descriptive, analytical, and critical methods. The article concludes that Islam ensures freedom of belief, respects individual choice and invites Muslims to accept the other within the framework of citizenship. Many of the jurisprudential rulings rejecting the other have sprung from tough realities, rather than the accurate Islamic view. The Sharia calls for the good treatment of non-Muslims and improving the principle of good citizenship. This should be done to ensure the religious and non-religious privacy of Muslims. Received: 6 October 2022 / Accepted: 29 December 2022 / Published: 5 January 2023
The rapid evolution of information and communication technologies and the diversity of interconnection networks have been significant factors in broadening the application do-mains of such technologies. Consequently, so-called artificial intelligence crimes (AIC) have emerged involving a corresponding rise in criminality figures, affecting individuals' rights and freedoms. The emergence of AI-related crimes has triggered many challenges for the judiciary nationally and internationally. Thereby, jurisprudence and the judiciary must consider whether the existing provisions of law are sufficient to confront these crimes, or is there a need to strengthen international, regional, and national legislation to cover such cases. Such peculiarities characterizing AI crimes have complicated dealing with criminal activities, and they are usually dealt with using traditional criminal provisions, which may be compromised by the principle of criminal legality and the limited interpretation of a criminal provision. Accordingly, legislative steps must be taken to combat such crimes by enforcing legal provisions intended to criminalize the newly introduced criminal acts. Received: 31 October 2022 / Accepted: 22 December 2022 / Published: 5 January 2023
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