هاجد عبدالهادي سهل العتيبي

 


      
 
الاسم الاول: 
هاجد
اسم العائلة: 
العتيبي
الدرجة العلمية: 
دكتوراة
مجال الدراسة: 
قانون
المؤسسة التعليمية: 
Bangor University

 

 

مجال التميز

تميز دراسي و بحثي

 

 

البحوث المنشورة

 

البحث (1):

 

عنوان البحث:

Inconsistency In Ta’zir Punishments In Islamic Juveniles’ System

رابط إلى البحث:

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تاريخ النشر:

01/04/2018

موجز عن البحث:

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.  

 

 

المؤتمرات العلمية:

 

المؤتمر (1):

 

عنوان المؤتمر:

European Academic Multidisciplinary Research Conference 

تاريخ الإنعقاد:

17/02/2016 

مكان الإنعقاد:

London, UK

طبيعة المشاركة:

Oral presentation

عنوان المشاركة:

Highlighted Matters Concerning The Four Main Schools Of Islamic Criminal Law            

ملخص المشاركة:

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. 

الرابط:

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المؤتمر (  2  ):

 

عنوان المؤتمر:

Justice And Penal Reform: Re-Shaping The Penal Landscape

تاريخ الإنعقاد:

  16/03/2016

مكان الإنعقاد:

Oxford, UK 

طبيعة المشاركة:

Paper presentation 

عنوان المشاركة:

Saudi's Legislation Record 

ملخص المشاركة:

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. 

الرابط:

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المؤتمر (  3  ):

 

عنوان المؤتمر:

Sixth International Conference On Religion And Spirituality In Society And The Religion In Society  

تاريخ الإنعقاد:

  22-23/03/2016 

مكان الإنعقاد:

Washington D.C. USA 

طبيعة المشاركة:

Paper presentation 

عنوان المشاركة:

Essential Resources Of Saudi Criminal Law 

ملخص المشاركة:

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.  

 

 

المؤتمر (4):

 

عنوان المؤتمر:

Business And Social Sciences Research Conference

تاريخ الإنعقاد:

11-13/04/2016

مكان الإنعقاد:

London, UK

طبيعة المشاركة:

Paper presentation

عنوان المشاركة:

Practical Settlement Method Pertaining To Divine Texts

ملخص المشاركة:

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.

 

 

المؤتمر (5):

 

عنوان المؤتمر:

23rd International Conference On Social Science And Humanities (ICSSH)

تاريخ الإنعقاد:

11-12/09/2017

مكان الإنعقاد:

London, UK

طبيعة المشاركة:

Paper presentation

عنوان المشاركة:

Classification Of Juveniles' Crimes In Islamic Law

ملخص المشاركة:

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.

 

 

المؤتمر (6):

 

عنوان المؤتمر:

7th International Conference On Religion And Spirituality In Society And The Religion In Society

تاريخ الإنعقاد:

17-18/04/2017

مكان الإنعقاد:

London, UK

طبيعة المشاركة:

Paper presentation

عنوان المشاركة:

Which Custom Might Be the Source of Legislation? An Islamic Perspective

ملخص المشاركة:

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…)".

 

 

المؤتمر (7):

 

عنوان المؤتمر:

5th Academic International Conference On Multi-Disciplinary Studies And Education AICMSE & AICBEM 2018

تاريخ الإنعقاد:

22-24/01/2018

مكان الإنعقاد:

Oxford.UK

طبيعة المشاركة:

Paper presentation

عنوان المشاركة:

Validity Of Mixed Methods Approach In Islamic Studies : Saudi Juveniles' System As A Case Study

ملخص المشاركة:

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).

 

 

المؤتمر (8):

 

عنوان المؤتمر:

The Research in Arts, Social Sciences and Humanities (ASSH-16)

تاريخ الإنعقاد:

19-20/09/2016

مكان الإنعقاد:

Paris. France

طبيعة المشاركة:

Paper presentation

عنوان المشاركة:

Polemics upon Islamic Law Codification

ملخص المشاركة:

Islamic juristic rulings has previously been in a state of reformation. The inconsistency in judicial verdicts has substantially led to call for Islamic codification. Although, some Muslim ulema sharply criticized this idea so as to weakens Islamic jurisprudence as well as to close the gate of Ijtihad (scholarly style).  This research paper will discuss in great depth both sides of view providing some secret reasons behind refuting the idea of codification and the basic grounds upon which this argument was built. In order to investigate this vital topic further, documentary approach, via inductive method, is mostly followed in this paper. Moreover, this methodology means that we should consult the appropriate references in order to gather, analyse and examine those questions mentioned earlier. However, the bibliographies here may contain some other useful references, yet the main books ,that are consulted, are Islamic jurisprudent books. However, documentary approach might interpret the documents qualitatively. Hence, this might open the door for potential bias, but the researcher believes that this matter can be avoided by determining research resources in which we can find reliable responses to the research inquiries. After that examining these references in order to check their contents, relevance and, finally, analysing information gathered from these references.

 

 

 

المؤتمر (9):

 

عنوان المؤتمر:

5th International Conference on Interdisciplinary Social Science Studies

تاريخ الإنعقاد:

14 -16/11/2016

مكان الإنعقاد:

Oxford, United Kingdom

طبيعة المشاركة:

Paper presentation

عنوان المشاركة:

Methods of deducing Islamic juristic rulings related to crimes

ملخص المشاركة:

Despite the fact that Islamic criminal law's resources have been determined, the need of illuminating how to deduce Sharia rulings from them is a researchable gap as well as identifying methods in which Islamic rulings pertaining to crimes, criminal, victim and crime's impact should be interpreted. By utilizing documentary approach with inductive tool, herein the researcher will examine these factors providing some competitive examples pertaining to crime, criminal, victim and crime's impact upon community via an Islamic perspective.

 

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المؤتمر (10):

 

عنوان المؤتمر:

The Academic International Conference on Multidisciplinary Studies and Education. AICILS 2017

تاريخ الإنعقاد:

13-15/03/2017

مكان الإنعقاد:

Oxford. UK

طبيعة المشاركة:

Paper presentation

عنوان المشاركة:

DETERMINING THE AGE OF JUVENILE'S CRIMINAL LIABILITY IN ISLAM

ملخص المشاركة:

Adjudication upon juveniles and their criminal responsibility are different. One cause for this is that it depends on a variety of their age stages from birth till puberty. With this in mind, the Saudi juvenile system stated that the age of adulthood is 18 years old for boys and 30 years old for girls. However, judges (i.e. in their verdicts) are deciding according to Hanbali doctrine, which argues that the adulthood acquired either by natural signals like appearance of pubes or, if not, at the age of 15 years old to be fixed. Therefore, the contradictory could appear between theoretical (the statutes) and practical(judgment) sides. Meanwhile, great international concern in addition to different perspectives of Islamic scholars exist on determining the age of puberty. Herein, we will investigate this problem within Saudi Islamic law and provide some potential solutions. The methodology used here is qualitative approach. Inductive method will be utilized so as to build and develop the existing theories on the age of juvenile criminal liability in Saudi. Therefore, we will deeply discuss relevant laws/instructions related to Saudi juvenile system. The upshot is that, the situation probably opens the door to projections and fluctuations since there are no well written nor revised rules pertaining to juveniles in Saudi. In other words, the discretion might be given to judges to decide about the age of puberty.

 

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المؤتمر (11):

 

عنوان المؤتمر:

Oxford Symposium on Religious Studies

تاريخ الإنعقاد:

4-6/12/2017

مكان الإنعقاد:

Oxford.UK

طبيعة المشاركة:

Paper presentation

عنوان المشاركة:

Literature Review on Islamic Juveniles' System

ملخص المشاركة:

While some researches such as Y. Ala'jam (2013) and M. Alhariqy (2001) examined juveniles' crimes in terms of investigational procedures only (e.g. capturing, arresting etc.), few others appeared without real academic approaches to examine Saudi juveniles' system in a thematic manner. For example, this research can generally be classified into three clusters: newspaper articles, few dissertations and general juristic books that are only used for referencing. Unfortunately, these three typologies were insufficient to critically discover and address thematic issues faced importantly by Saudi juveniles, for instance, whether codifying their juristic rules or not, determining their ages of criminal liability, classifying their crimes in a distinct manner and consistency of their punishments. One reason for this is that those few dissertations were written by religious police who were not academics, as well as whose jobs are mainly to deal with pre-trial matters such as arresting, interrogation, and so on. Another reason is that those articles lacked scientific methodology that is far more important for accepting the outcome of any research, let alone the fact that all of those researches, articles came from unrecognized bodies according to the international and regional rankings. This part of my research will review the previous literature and methodologies on this topic through analytical thematic methodology. Applying analytical thematic approach means concentrating on how certain topics present themselves during the story/study. According to Meirow (2014, p.1) this sort of writing requires us to look at specific parts of a work to cast light on the big picture lecture. Consequently, the main arguments will hopefully be identified as to compare and contrast some ideas in order to offer more critiques for the literature. Additionally, this methodology will strongly enable us to see the theoretical and conceptual frameworks of this research. Unfortunately, during my critical reading through the literature I could not find any researcher who followed this style of professionalism, to the best of my knowledge. Thus, this literature review will start off by discussing and analyzing some important terms/concepts. Those conceptual words (e.g. Jarimah/crime, Jinayah, juvenile, minor, Tifl/child, Taqnin, Tadwin) are important because they involved in constructing the Islamic juveniles' system in Saudi. After that, we will move on to analyse main debates, ideas in a thematic way.

المؤتمر (12):

 

عنوان المؤتمر:

2nd ECRC International Scientific Conference

تاريخ الإنعقاد:

26-28/04/2016

مكان الإنعقاد:

London.UK

طبيعة المشاركة:

Paper presentation

عنوان المشاركة:

To what extent is juristic consensus evidential in Islamic criminal law?

ملخص المشاركة:

"Islamic juristic consensus has previously been in a state of reformation. The technical definition of an Islamic consensus has mainly led to some gaps between theory and practice. For instance, the appearance of difficulty in applying an Islamic consensus -during the post-Islamic Arabia and the question of what prophetic traditions pertaining to consensus constantly mean? Why might Islamic governments have been likely to interfere in the process of consensus? Why is consensus not institutionalized, especially nowadays when modern technologies exist? Other crucial points here are what is the basis upon which the Islamic consensus is built? How likely is it to establish a consensus, which is supposed to be a deceptive indictment in Islam upon speculative grounds, such as upon personal reasoning. Consequently, this will analytically lead to an exploration of types of juristic consensus in Islamic law and its reliabilities. The aim of this paper is that a documentary approach methodology is mainly applied to investigate the impact that a few contemporary scholars have called for, such as Abu Zahrah, Khallaf and Aldahlawi".

 

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المرفقالحجم
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