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:

Click here 

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:

Click here

 

 

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:

Click here

 

 

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).

المرفقالحجم
6thInternational Conference on Religion and Spirituality in Society and the Religion in Society knowledge community.pdf‏595.28 ك.بايت
Business and Social Sciences Research Conference 2016.pdf‏775.33 ك.بايت
7th International Conference on Religion and Spirituality in Society and the Religion in Society.pdf‏38.43 ك.بايت
23rd ICSSH.jpg‏112.79 ك.بايت
AICMSE&AICBEM 2018.pdf‏284.78 ك.بايت