This research aims to explain the concept of the maxim of “Getting out of the Jurisprudential Dispute”, and to clarify its ruling, legitimacy, conditions, and its connection with other terms of mura?at al-khilaf (taking into account the dispute) and i?tiya? (precaution), in addition to responding to the problems that are raised against it and showing its importance in narrowing the gap of jurisprudential differences in sub-issues. The problem of the research lies in the fact that jurisprudential disputes lead to difference, division, and sectarian (madhhabi) fanaticism, which lead to division and rupture among Muslims. Therefore, the researchers decided to present a study that contributes to solving this problem, in order to narrow the circle of disagreement and expand the circle of consensus. The researchers used the inductive approach to collect information related to the research, and the analytical approach to analyze the opinions of jurists and to give preference to one of them in order to get out of the dispute. The study concluded with results, the most important of which are: that getting out of jurisprudential disputes means taking caution from the opinions of scholars when they differ; and that the scholars are unanimously agreed on the desirability of getting out of the dispute; and that how to get out of the dispute varies according to the type of dispute.

One of the functions of the endowment overseer (na?ir) is to preserve and build the endowment assets, collect their proceeds and give them to those who are entitled, and all of this is achieved if the overseer exerts his utmost effort in the operations of investing endowment yields. These operations must be in line with Islamic jurisprudence and lead to achieving the purpose of the endowers in the continuity of reward, and the delivery of cash endowment proceeds to the beneficiaries. Through this article, the researchers want to explain the methods of investing and evaluating the funds endowed with the organization of ACT, and to ascertain the extent to which these operations are compatible with Islamic jurisprudence. The researchers relied on the inductive approach to collect information, data and details with regards to investment methods, and on the analytical approach to analyze and evaluate investment methods from a jurisprudential point of view. The researchers also conducted a field study by interviewing officials in this organization in order to ensure that the practices are compatible with Islamic jurisprudence. The research revealed that the method of collecting endowed money is related to the form of investing endowed money, and that the division of endowment assets into productive and non-productive helps the overseer (na?ir) in choosing the appropriate form of investment of endowed money, and that investment methods are divided into two basic methods: commercial endowments and agricultural endowments.

The Islamic Shari?ah laid down its rulings related to the actions of a mukallaf (a legally responsible person) on the basis of considering the natural instinct (fi?rah) upon which people are created, so that it will lead to realize the objectives of Shari?ah in protecting ma?la?ah (public interest) of the people and removing mafasid (evil) from them in this world and the hereafter. Islamic Shari?ah gives special attention to the family because of its importance in building the society. Therefore, the rules related to the family are laid down precisely and comprehensively based on considering the instinct (fi?rah) and natural disposition upon which both men and women are created. The problem of the study lies in what is witnessed in contemporary reality in terms of important changes under which voices are raised in the name of modernity (?adathah). Using this new term, modernists try to interpret the texts (of the Qur’an and Sunnah) with special mechanisms and methods foreign (to Islamic scholarship) in terms of its origin, purposes, and contents. Additionally, there are advocates of equality (between men and women), such as the followers of the feminist movement who aim to destroy the foundations of the family. They call for the abolition of the guardianship of men over women, in violation of a legal ruling established in the texts of the Qur’an and Sunnah. The detailed rulings regarding this guardianship explain its causes, conditions and impediments that nullify it. Through its sections, this study shows that the family rulings were built based on human instinct in order to realize the objectives of their legislation. The roles and responsibilities are distributed between the man and woman according to what suits each of them, and the role of guardianship is entrusted to the husband based on innate elements in his psychological and physical formation that qualify him to assume this responsibility, which is to take care of the family financially and morally alike. This guardianship has causes, legal conditions to establish it, and impediments that nullify it. This research is based on the methods of induction, analysis, and description. It concluded with several conclusions and recommendations, including that the guardianship is an obligatory duty of a man towards his wife in order to realize its objectives that are based on instinct (fi?rah). Likewise, this guardianship leads to preserving the status and prestige of women, and to honor men by making them vicegerents on the earth.

The problem of usury in loans will not be solved as long as a single currency is used in the payment and repayment of the loan. Therefore, this research aims to propose a new system that complies with Shari?ah standards in dealing with financial contracts for loans. The research uses the deductive and historical approaches to discuss the problem. The research concluded that it is necessary to issue a secondary currency by the Islamic banks as an alternative legitimate solution to treat usurious transactions, with the aim of dealing with it in the loan contract in particular and some aspects of other financial contracts in general, as long as this currency can be exchanged among people, used for valuation of things, and storage of value. This research proposed a new loan repayment mechanism based on the buy and sell model, in which the bank can lend the debtor in a special currency, which the debtor can then sell and be paid in the local official currency. The debtor can then spend the loan as per his/her interest. When the loan is due for repayment, the debtor can buy the special currency from the bank using the official currency and repay the loan with the same special currency. The difference or increase (i.e. profit) that enters into the bank - when the customer purchases the secondary currency with the government currency - will be a part of the capital that comes to the bank through sale or purchase.

The research aims to study the topic of “Commercial Surrogacy for Muslims of Bangkok, its Causes, Harms and Solutions: A Jurisprudential Field Study”. This is because this issue occurred among the Muslims of Bangkok as a result of several causes, while being unaware of the exact Shari?ah rulings related to this issue. This research deals with the study of the reality of surrogacy among the Muslims of Bangkok in terms of its adherence to Shari?ah rulings, its causes, and effects on the Muslim minority. The researchers used the inductive and analytical approaches and conducted a field study consisting of personal interviews and follow-ups with some Muslims who are involved in commercial surrogacy, in addition to some judges, imams of mosques and members of the Islamic Committee in Bangkok. The researchers divided the research into two main components. They began with highlighting the definition of surrogacy and the basic concepts related to it, then they touched upon its causes, harms, and solutions in the light of Islamic jurisprudence and field study. Among the most prominent findings of this research is that the Muslims of Bangkok are a minority in a society governed by Buddhist authorities, which led to their lack of knowledge of the Shari?ah rulings, especially the rulings of contemporary issues related to the Muslim family. The researchers expect from the Muslims of Bangkok to correct their understanding of the issue of surrogacy according to Islamic jurisprudence, and to apply it correctly, avoiding the negative effects of disrupting the family in its construction and stability in accordance with the Shari?ah objectives in preserving the family.

This research aims to identify the term al-qiyas al-u?uli (analogical deduction used in u?ul al-fiqh), explain the methods of u?uli scholars to clarify its real meaning, explain the reason for their difference in these methods, and to show the impact of this difference in the u?uli research that exists in their books. The problem of the research is to identify the u?uli scholars’ definition of the term analogy (qiyas) and try to develop a comprehensive picture of their methods of this definition, searching the reason for this difference, and explaining its impact on u?uli sub-issues. The research uses the inductive method to track the definitions; the descriptive method to reveal what was written about the definitions, the reasons for the difference in them and its effects; and the analytical method for explaining the methods, causes and effects of the difference. The research concluded that the u?uli scholars used three methods in their definitions: one method considered the analogy as the work of a mujtahid represented in transferring the ruling (from the original issue to a new issue); another method considered it as the work of a mujtahid represented in manifesting (this rule); and a third method gave the analogy an additional meaning which takes place between the original issue and the new issue, and a mujtahid has nothing to do with this. This difference in definitions shows the different viewpoints. Some scholars stated that it is dependent on how the scholars interpret the rationale of the original ruling. Others stated that it is dependent on how the scholars investigate and establish the level of equality between the original case and its ruling and the new case and its ruling. Others said that it is dependent on the difference in the authenticity of reasoning by resemblance. Others suggested that the variations are influenced by many historical landmarks that resulted in having these different definitions and methods. As for the effects of this difference in the u?uli sub-issues, it was represented in two things: the authenticity of the analogy, and the depth of the u?uli research in the field of analogical deduction.

This research aims to show the role of Zakah in alleviating poverty and improving the economy in the Afghan province of Jowzjan. This is because the failure to achieve economic balance and address the differences between the different social groups, eradication of poverty, and the consequent famine, unemployment, delinquency, rebellion, etc. are major problems that threaten societies and countries today, especially Islamic societies one of which is the society of the Afghan province of Jowzjan. Islamic visions and mechanisms to solve the problems of previous societies should be newly reconsidered as they were effective in the past. After reconsidering them, there should be renewed formulations to make them effective for the contemporary new issues. One of the mechanisms used in the past to alleviate poverty is the role of Zakah. This mechanism should be newly reconsidered and applied in contemporary times to alleviate poverty. Using the inductive and analytical methods and some personal interviews, the research reveals the factors that made Zakah inactive in many countries of the Islamic world, especially in the Afghan province of Jowzjan, and deals with how to activate Zakah again in this province.

This research deals with the concept of the child in Islamic law, international covenants and Nigerian law, and the consequent matters. So, the research presents the concept of the child from these three perspectives in order to compare them and determine the places of the agreement and disagreement, and what should be considered and what deserves a response for violating the principles of Islam. The research depends on the qualitative approach for collecting information from its original sources, then studying and analyzing it. The results of the research show that comparing the age of maturity or the end of childhood - as stated in international covenants and Nigerian law - with the concept of puberty in Islam shows its contradiction with Islamic principles. This is because the age of maturity is often understood before the age of eighteen. If this age is considered a dividing line between childhood and adulthood, then this leads to omit many religious responsibilities. This is because a child becomes legally responsible for performing all acts of worship and responsible for all shortcomings from the time he reaches puberty, which often occurs before the age of eighteen. Therefore, the time of puberty set by the Lawgiver (Allah SWT) must be considered, especially in the obligations of legal responsibility. But if we stipulate the child’s entitlement to exercise some social rights at the age of 18 years, there is no problem with that in the eyes of Islam as long as there is public interest in it.

This study examines the Shar? Man Qablana and its legal implication in the Islamic legal rulings among Muslims. The bone of contention in this study is that none can get the original version of these Shar? Man Qablana rulings in a single legal compendium in the present time. Apart from this, the prophetic era of the last prophet of Islam is jurisprudentially believed to have eradicated the previous legal rulings of earlier people before him. With these statements of problem, the study seeks to answer the following research question: Can Shar? Man Qablana be used as a source of rulings in Islamic Shari?ah? Research methods employed in this study are expository, descriptive, and analytical. Conclusively, the study observes that Shar? Man Qablana signifies that the source of all Islamic legal systems is the one and the same Lawgiver, i.e. Allah (SWT). It also signifies that the missions of all prophets and the subject matter of all heavenly-revealed scriptures are the same and are in concordance with one another. The study therefore recommends that contemporary Islamic jurists (Fuqaha’) and Islamic legal theorists (U?uliyyun) should create awareness about Shar? Man Qablana legal rulings in the contemporary period. They should also issue a codified legal compendium on Shar? Man Qablana so as to establish the concordance between it and the Shari?ah legal system of the last prophet of Islam.