مجال
التميز
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تميز دراسي و بحثي
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البحوث المنشورة
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البحث (1):
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عنوان البحث:
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Inconsistency
In Ta’zir Punishments In Islamic Juveniles’ System
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رابط إلى البحث:
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Click
here
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تاريخ النشر:
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01/04/2018
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موجز عن البحث:
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When I
was a paralegal in Saudi, I regularly came across many imprecise observations
that tended to generalise about gross and severe lashings or jail sentences,
ignoring the fact that this topic is very sensitive and highly complex. A
great deal of information about juveniles’ Ta’zir (i.e. corrective)
punishments in Islam, e.g. the types, age group, gender, associates and
previous convictions of the punished juveniles, has been obtained through the
examination of verdicts. Correlating this data would, in theory, lend
statistical and quantitative support to previous findings in past papers. Of
particular interest is whether these results prove the inconsistency between
three elements: crime, punishment, and the different circumstances of the
juvenile offender (e.g. gender, associates, age group, previous convictions).
This statistical analysis allows an extension of academic knowledge of the
Islamic juveniles’ system, beyond individual cases, so as to develop a more
comprehensive analytical view about it.
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المؤتمرات العلمية:
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المؤتمر (1):
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عنوان المؤتمر:
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European Academic
Multidisciplinary Research Conference
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تاريخ الإنعقاد:
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17/02/2016
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مكان
الإنعقاد:
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London, UK
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طبيعة المشاركة:
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Oral presentation
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عنوان المشاركة:
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Highlighted
Matters Concerning The Four Main Schools Of Islamic Criminal Law
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ملخص المشاركة:
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Despite
the fact that the resources of Islamic criminal law have been determined,
there is an obvious need to investigate to what extent scholars can consider
them in the statutory law and on which perspective or common standard
scholars can base and judge their deduced/extracted rulings? Moreover, from
the lifetime of the Prophet to this day, Islamic jurisprudence schools have
gone through some developments, yet many orientations and probably somewhat
cancelations which might greatly affect the legislation in any direction
(i.e. to the better situation or otherwise). Hence, by using a historical
methodology approach, this paper is able to investigate those stages in which
Islamic jurisprudence schools have grown, oriented or, maybe sometimes,
cancelled in order to competitively supply some crucial highlighted points on
those schools for legislators to consider.
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الرابط:
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Click
here
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المؤتمر ( 2 ):
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عنوان المؤتمر:
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Justice And Penal Reform: Re-Shaping The Penal
Landscape
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تاريخ الإنعقاد:
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16/03/2016
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مكان
الإنعقاد:
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Oxford, UK
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طبيعة المشاركة:
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Paper
presentation
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عنوان المشاركة:
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Saudi’s
Legislation Record
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ملخص المشاركة:
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Since the mid fourth century of the Arabian
Peninsula, most of the juristic scholars seemed to be rather weak (i.e. not properly
developed) in terms of their abilities to deduce and extract juristic rulings
from its resources. As a result, they did not refer immediately to the
original sources, yet they referred to what their schools believe (Ala’lfi,
1994). Furthermore, scholars during these periods were not the same in terms
of their abilities to produce juristic rulings, so they might logically be
divided into four clusters as a whole. However, their resources were rather
vague and complex, therefore, some judicial decisions were rather
paradoxical. Hence, general folk might have accused judges of following their
desires rather than justice or by deficient knowledge that judges may have
(Alshathry, 2007). Meanwhile, inductive and deductive methods approaches are
carefully used as well as specialized books are consulted in order to gain
critical information needed to discuss and examine this crucial issue amongst
jurists, judges and attorneys in Saudi Arabia.
In a
nutshell, this research discusses in depth a number of reasons and their
impacts behind the above consequences, highlights the basic grounds upon
which these two polemics were built, then discusses both sides of the
argument in addition to listing official and individual efforts that have
been done in this regard in Saudi Arabia.
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الرابط:
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Click
here
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المؤتمر ( 3 ):
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عنوان المؤتمر:
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Sixth
International Conference On Religion And Spirituality In Society And The Religion
In Society
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تاريخ الإنعقاد:
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22-23/03/2016
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مكان
الإنعقاد:
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Washington D.C. USA
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طبيعة المشاركة:
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Paper
presentation
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عنوان المشاركة:
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Essential Resources
Of Saudi Criminal Law
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ملخص المشاركة:
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This research paper investigates to what extent
resources of Saudi criminal law can be re-organized according with their
basics. Did these religious resources exist during the lifetime of the
Prophet and his companions or not? In what contexts are they value-proof?
This paper will also provide re-arrangement for the whole Islamic resources
of criminal law with special focus upon prophetic traditions using a
nominated methodology. A documentary method approach is carefully followed in
order to describe, root and explain the correlations between those resources
in Saudi. This methodology means determining and evaluating related
bibliographies in order to carefully check their relevance and authenticity,
followed by the analysis and codifying of the whole findings as elaborated in
this paper in details. Basic resources of Islamic criminal law appear to be
the Quran, Sunnah, consensus and analogy. Yet, the rest of the other
resources might be considered dependent. Therefore, they are regarded as
simply assistant tools for deducing and extracting only. Finally, Sunnah is
the second resource after the Quran and its proof-value depends on its types;
therefore, some Hadiths might be decisive but their meaning may, sometimes,
be speculative according to their context. Other types might be considered
speculative unless there are indicators which support them.
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المؤتمر (4):
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عنوان المؤتمر:
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Business And
Social Sciences Research Conference
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تاريخ الإنعقاد:
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11-13/04/2016
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مكان
الإنعقاد:
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London, UK
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طبيعة المشاركة:
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Paper
presentation
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عنوان المشاركة:
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Practical
Settlement Method Pertaining To Divine Texts
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ملخص المشاركة:
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One of the mediation and settlement methods between
two or more paradoxical sacred texts is abrogation. Knowing an abrogator and
abrogated texts within the Quran is deemed to be one of the conditions of
Ijtihad. However, some scholars have argued strongly about the existence of
abrogation in the Quran, as it seemed impossible to some extent to abrogate
either the ruling or the reciting of any verse. One reason for this is that
we cannot supposedly imagine that the Quran would be abrogated by Sunnah, the
Prophetic traditions, since the Sunnah constantly supports the Quran. Another
reason would arguably be to question the benefit of abrogating the ruling of
a text, while keeping its recital. This paper will discuss in depth the
impact that the concept of abrogation has left on some Quranic texts (e.g.
some verses related to certain crimes and their punishments within Islamic
law).To achieve this paper’s aims, a documentary approach will be applied, to
determine the sources in which reliable responses to the researcher’s
inquiries can be found, as well as to examine these resources to check their
contents and relevance. This will be followed by the above being analysed
descriptively. This will also be combined by some practical examples from the
Quranic texts (verses), specifically in order to investigate whether
abrogation is the abolition or replacement of the quranic verse.
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المؤتمر (5):
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عنوان المؤتمر:
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23rd International
Conference On Social Science And Humanities (ICSSH)
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تاريخ الإنعقاد:
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11-12/09/2017
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مكان
الإنعقاد:
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London, UK
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طبيعة المشاركة:
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Paper
presentation
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عنوان المشاركة:
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Classification Of Juveniles’
Crimes In Islamic Law
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ملخص المشاركة:
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As a
paralegal in Saudi Arabia for some years I observed a number of thematical
problems that related to the Saudi juveniles’ system. One of these problems
can be presented in misclassification of juveniles’ crimes and inconsistency
in their penalties. This study, therefore, employs mix methods which involve
analytical and statistical (i.e. SPSS) approaches to the problems. Moreover,
I supplied some judicial applications from three courts in Riyadh, to examine
the traditional classification for juveniles’ crimes (i.e. Hudud, Qisas and
Ta’zir crimes). Specifically, under the Hudud crimes I investigate four
crimes, which are, adultery, drugs and alcohol, Hirabah (armed robbery),
theft. The purpose of this research, consequently, is to identify to what
extent does the Saudi juveniles’ system recognise minors at the courthouses.
The results show some important outcomes. First, cases of Zina (i.e. adultery
and fornication) are unclearly archived under the term “Fahishah”
in verdicts of my records numbered 23, 38, 82, 83, 159, 208 and 209. However,
the term Fahishah in these cases is interchangeably used to indicate Zina
(i.e. adultery), Liwa’t (i.e. homosexuality) or prostitution in general. In
other words, there was no quality control over classifying crimes. Similarly,
the term Hirabah (i.e. highway armed robbery) involved many sub-types that
are classified Hirabah without any given specific criteria. The researcher
just found 17 types already titled as Hirabah crimes. Consequently, misclassifying
juveniles’ crimes and punishments can be one
reason for mixing up of juveniles’ and adults’ legal
affairs e.g. transferring juveniles’ cases to the general or criminal courts.
Herein, I would strongly suggest that the juveniles’ system (e.g. crimes
classification and punishments) be reorganised again into distinct procedures
rather than focusing on just penalising.
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المؤتمر (6):
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عنوان المؤتمر:
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7th
International Conference On Religion And Spirituality In Society And The Religion
In Society
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تاريخ الإنعقاد:
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17-18/04/2017
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مكان
الإنعقاد:
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London, UK
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طبيعة المشاركة:
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Paper
presentation
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عنوان المشاركة:
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Which
Custom Might Be the Source of Legislation? An Islamic Perspective
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ملخص المشاركة:
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By
applying documentary approach methodology, this research will hopefully be
able to achieve its aim. This means that following inductive method in order
to build on or develop previous thoughts. Hence, juristic maxim of custom in
Islam might have some types, for instance, verbal and actual, general and
specific. However, the concept of custom in Islam might be confined where
there is no text. Otherwise, where the custom is not against Islamic
resources( e.g. Quran, Sunnah etc…)”.
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المؤتمر (7):
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عنوان المؤتمر:
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5th Academic
International Conference On Multi-Disciplinary Studies And Education AICMSE &
AICBEM 2018
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تاريخ الإنعقاد:
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22-24/01/2018
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مكان
الإنعقاد:
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Oxford.UK
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طبيعة المشاركة:
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Paper presentation
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عنوان المشاركة:
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Validity Of Mixed Methods
Approach In Islamic Studies : Saudi Juveniles’ System As A Case Study
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ملخص المشاركة:
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Al’assaf
(2014) argued that both deductive and inductive approaches are just tools or
methods in a qualitative approach. Consequently, there could be no clear
relationship between a design and method of collecting data using a
qualitative approach rather than a quantitative one and this may open the
door for potential bias. Therefore, Deshpand (1983) strongly advised
researchers to re-balance between inductive and deductive methods so that the
bias in researches be minimised. Furthermore, this advantage can be achieved
through two steps; firstly, by using a qualitative approach (i.e. inductive
method) when we generate a new theory. Secondly, by utilising a quantitative
method (i.e. deductive approach) while we examine that theory. Therefore, the
researcher thinks that the suitable design for his study can be mixing
between explanatory and exploratory sequential mixed method. While the
explanatory begins with quantitative data (collecting and analysing), then
employs these results in order to give a greater depth of understanding of
the topic, the exploratory starts off by using qualitative data, then uses
quantitative data to develop the criteria for the topic (i.e. suggesting
potential solutions for certain problems such as determining juveniles’ ages
of criminal liability in Islam).
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