{"title":"Obstacles and Solutions to Enforcement of Hudud in Shariah Courts in Northern Nigeria","authors":"Ahmad O Ahmad, Abdul Samat Musi","doi":"10.46722/hkmh.4.4.21v","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21v","url":null,"abstract":"This research aims to study the obstacles and solutions related to the application of hudud in Sharia courts in northern Nigeria; This is due to the presence of many problems when applying the hudud in Sharia courts, such as the conflict between the Federal Constitution and the Constitution of the States, especially with regard to the application of the had for theft. The researcher studied the Shariah hudud in general in terms of defining them linguistically and legally, with mentioning their types, while addressing the practical application of Shariah hudud in the Shariah courts in some northern states that were chosen as a model, these states are: Zamfara, Jigawa, Kan, Kaduna, Katsina and Bauchi states.The researcher also touched on the legal system and courts in Nigeria in general and the legal system and Sharia courts in northern Nigeria in particular, and the Islamic penal laws of the states of Zamfara, Kanbuchi and Jigawa were also discussed. The researcher used two scientific research methodologies, including: the inductive theoretical method; where he studied the subject of borders in general and the hudud of theft, especially in jurisprudence blogs, in addition to books, studies, letters, scientific articles, reports and legal documents that were written in this field and stored in libraries, websites and other sources of information. The researcher also used the applied analytical method; Where he studied the issues related to the hudud that were applied in the Sharia courts in northern Nigeria, especially with regard to the hudud of theft, and the study of the obstacles in the application of these hudud in order to find appropriate solutions to them. The researcher reached a number of results, including that Islamic Sharia is the optimal system that should be applied to obtain permanent happiness in this world and the hereafter. The application of legal borders effectively contributes to the elimination of crimes committed and prevalent in Nigerian society, especially in the northern regions. Among the findings of the research, the compatibility of Islamic criminal law with Islamic jurisprudence in most aspects, and the compatibility of the applications of Sharia courts with Islamic law in many cases. The researcher recommends the officials to carry out all the solutions mentioned in the study so that they can better apply the Sharia and implement the Sharia hudud. He also recommends to them the necessity of developing Islamic criminal law to be fully compatible with Islamic law, and the necessity of implementing all judgments issued by Sharia courts.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130682856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Role of Senior Management in Public Shareholding Companies in the Telecommunications Sector in the United Arab Emirates in Supporting the Internal Audit Unit","authors":"Hussain Khalil Alshemsi, Abdullah Ayedh","doi":"10.46722/hkmh.4.4.21l","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21l","url":null,"abstract":"Internal audit has become one of the most important means of organizations controlling tasks and achieving objectives. As the internal audit is an important activity for the organization to achieve its goals, adhere to regulations and legislation, and reduce cases of fraud, financial and administrative corruption. Therefore, the research aims mainly to identify the role of senior management in public shareholding companies in the telecommunications sector in the United Arab Emirates in supporting the internal audit unit. The study population consisted of 3 public shareholding companies in the UAE. To achieve the objectives of the research, the research relied on the analytical research method and the comparative research method, and the analysis of secondary data obtained from performance governance reports, and the most important findings of the research: There is administrative support for internal audit units by the boards of directors of public shareholding companies in the telecommunications sector in the United Arab Emirates And administrative support includes the five forms: planning, organizing, directing, leadership, motivating and controlling, and there is appropriate independence for the internal audit units, and the boards of directors take and implement the observations of the internal audit units.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125619410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mohammed bin Abdul Rahman bin Salama Al-Rifai Al-Rifai
{"title":"Ruqyah and Scorpion's Incantation between the Lawful and the Forbidden","authors":"Mohammed bin Abdul Rahman bin Salama Al-Rifai Al-Rifai","doi":"10.46722/hkmh.4.4.21n","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21n","url":null,"abstract":"The Prophet (Muhammad), may God’s prayers and peace be upon him, is a messenger sent from God, and we testify that he knows what benefits the nation, and what protects it from the harm of some humans, jinn, vermin and carnivores; and to protect themselves from the evil of poisonous creatures such as scorpions and others; so that their Ruqyah and their incantation be legal. And he, may God’s prayers and peace be upon him, forbade polytheistic incantations and warned against it to protect the aspect of monotheism, and lest they fall into the trap of polytheism and its evil. There are words for incantations and spells that have appeared in Islamic circles, and some ancient and modern people have transmitted them, thinking that they heal the victim from the sting of a scorpion; or if it was uttered by someone who witnessed the scorpion, then it traps it and prevents it from harming him. These words, which their owners believe are Ruqyah and incantations from the scorpion, have spread in the valleys and villages, where scorpions and other poisonous creatures are abundant due to desertification. The research aims to achieve and consolidate worship among Muslims, as well as rejecting the ways of polytheism and pushing its means. Correcting the errors that occur in the unification of worship and its clarification, and the explanation of the legal incantations with which the person injured by the sting of a scorpion is ascended. And then a statement of the legitimate invocations with which the Muslim himself seeks refuge from the sting of a scorpion, then he mentioned the ancient and contemporary incantations and illegitimate invocations from the sting of a scorpion and a statement of its ruling. The researcher followed the descriptive analytical method. I attributed the sources that I relied on in my research from the books of Sunnah and others and analyzed and then extracted the legitimate and prohibited results. The research reached to mention the differences between Ruqyah and incantation, and to show that when they are combined, Ruqyah is a lever and incantation is a motive. Explanation of the permissibility of using useful tested words in Ruqyah and the scorpion, even if they are not from the Qur’an or the aphoristic supplications, statement of charters and their meaning, explanation of the rule of some Ruqyahs and incantations used in this time.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127606631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Role of Financing Higher Education in Nigerian Universities in Achieving Sustainable Development","authors":"Samir Mohamad Hassan","doi":"10.46722/hkmh.4.4.21t","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21t","url":null,"abstract":"The current study aims to identify the role of financing higher education in Nigerian universities in the state of Kano and its impact on sustainable development. The study problem lies in the low funding of higher education in Nigerian universities, which will negatively affect the sustainability of higher education and sustainable development. The importance of the study is highlighted by highlighting the importance of financing higher education in Nigerian universities and the sources of obtaining this funding as one of the most important factors through which students can complete their studies. The study followed the qualitative approach with the aim of obtaining more accurate information about traditional higher education financing sources and its impact on the sustainability of education and achieving sustainable development. The study population reached the number of three Nigerian universities, which are a governmental, federal and private university, to learn about the impact of financing higher education in Nigerian universities on sustainable development. The sample of the study was about three out of five of those responsible for financing higher education in Nigerian universities. Also, the study followed unstructured or open interviews in order to obtain more information about financing higher education and whether or not it is suitable for the idea of a monetary endowment. The results of the study showed that the sources of financing for higher education in traditional Nigerian universities are varied, including what can be obtained through the endowment and donations fund that can be made through community initiatives, and the results of the study also indicated that the idea of a monetary endowment faces great challenges in its application, so the idea is subject to acceptance and rejection. According to the nature of the university and the nature of the subjects taught. The study recommended the necessity of expanding the study of the impact of financing higher education in Nigerian universities by expanding the scope of study to include all Nigerian states.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128035670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mohammad Shihan, Abdul Hamid Mohamed Ali Zaroum, M. Amanullah
{"title":"Universal Maqāṣid al-Sharīʿah and Their Modern Application: Towards Ensuring a Peaceful and Secured Environment","authors":"Mohammad Shihan, Abdul Hamid Mohamed Ali Zaroum, M. Amanullah","doi":"10.46722/hkmh.4.4.21d","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21d","url":null,"abstract":"The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as a valid method of interpreting the revealed text and as a valuable instrument for solving contemporary issues because it helps reform Islamic thought and civilization. Indeed, the idea of maqāṣid al-Sharīʿah has been widely studied and expanded by modern scholars of Islamic legal theory. Chiefly, Ibn ͑Ashur and contemporary MaqÉsid scholars renewed the scholarly discourse and ensured its proliferation and wide acceptance in legal studies. It has emerged as a new science that connects with all other legal disciplines. Thus, scholars firmly assert that the maqāṣid al-Sharīʿah constitute the most important intellectual means and methodologies for Islamic reform today. Consequently, the researchers aim to examine the modern discourse of Maqāṣid al-Sharīʿah and the latest developments beyond the universal MaqÉÎid. Mainly, the researchers scrutinize the two objectives namely the preservation of the environment via the protection of life and wealth. Accordingly, this article follows the qualitative method of data collection and analysis. Among the findings of the research is that the latest developments of Maqāṣid al-Sharīʿah, open the door of ijtihād widely to create ample areas for jurists to regulate the affairs of the Muslim ummah. Further, the maqāṣid al-Sharīʿah do not reflect only the objectives of Islamic law; their role goes beyond and is used to formulate basic principles and values related to global peace and human welfare. Hence, they have greatly contributed to the revival of Islamic thought and have opened a wider space for the application of Islamic law pertaining to peaceful environment.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130953975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Challenges Faced by Arabic Madrasas in Sri Lanka and Proposed Solutions","authors":"M. Nafeel","doi":"10.46722/hkmh.4.4.21j","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21j","url":null,"abstract":"Learning different languages for different reasons in addition to the mother tongue is essential in the present context, like learning Arabic in Sri Lanka. Arabic is the language of religion of Islam. Muslims in Sri Lanka have been learning this language since the emergence of Islam for religious purposes. Religious educational institutions were established many years ago in Sri Lanka. These institutions (madrasas) for teaching the Holy Quran and religious sciences appeared in the late eighteen centuries. However, there are shortcomings in these educational institutions in terms of their educational and administrative activities. A study on \"Challenges faced by Arabic Madrasas in Sri Lanka\", aims to reveal the entry of Arabic into Sri Lanka and its status. It also identifies the challenges and difficulties faced by these institutions in teaching Arabic. To obtain accurate scientific results, this study follows the descriptive qualitative method, using primary and secondary information, primary data was collected through interviews with specialists in teaching Arabic. For secondary data, books and other authentic documents were studied. In this study, the researcher has identified difficulties in teaching Arabic in the Sri Lankan context; designing teaching materials due to lack of agreement among the institutions, difficulties in appointing efficient teachers since the salaries are not attractive, unavailability of good environment for education and the lack of modern equipment.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116528413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Wan Mohd Awis Qarny Othman, Tengku Zawani Tengku Zawawi, M. Bakar, Nurahim Rasudin, Norlizawati Yaacob
{"title":"Pembangunan Digital Solat Ketika Sakit: Sorotan Literatur Sistematik di Malaysia","authors":"Wan Mohd Awis Qarny Othman, Tengku Zawani Tengku Zawawi, M. Bakar, Nurahim Rasudin, Norlizawati Yaacob","doi":"10.46722/hkmh.4.4.21a","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21a","url":null,"abstract":"Pembelajaran dan pengajaran solat memasuki dimensi baru apabila kepesatan pembangunan teknologi maklumat dimanfaatkan sepenuhnya. Kajian mengenai solat juga dilihat semakin luas apabila skop kajian mengenai perlaksanaan solat ketika sakit mendapat tempat dalam kalangan pengkaji tempatan yang berkolaborasi antara satu bidang dengan bidang yang lain. Kajian ini bertujuan untuk melihat objektif, reka bentuk dan kandungan aplikasi digital dalam kajian-kajian yang pernah dijalankan bagi menyesuaikan kajian pembangunan pendidikan kesihatan digital solat pesakit. Bagi mencapai objektif kajian ini, satu tinjauan literatur sitematik dijalankan. Sebanyak 422 artikel, tulisan dan kajian yang telah ditemui yang membincangkan mengenai perlaksanaan modul solat. Saringan dan analisis dijalankan bagi melihat kriteria yang diperlukan dalam kajian pembentukan aplikasi digital solat pesakit yang dijalankan. Hasil tinjauan literatur sistematik mendapati sebanyak enam kajian secara khusus pernah dijalankan dalam membangunkan aplikasi digital solat dalam keadaan sakit melalui modul solat yang direka bersesuaian dengan situasi sasaran objektif kajian masing-masing.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126629927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Phenomenon of Illegal Immigration (the Effectiveness of Libyan Procedures and Laws in Confronting it) (Intentional Study)","authors":"Fathia A Mohamad","doi":"10.46722/hkmh.4.4.21r","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21r","url":null,"abstract":"The study aimed to identify the phenomenon of illegal immigration and the effectiveness of Libyan procedures and laws in confronting it. The problem of the study lies in the fact that Libya suffers from the presence of many illegal refugees on its territory significantly, and despite the Libyan state taking many measures that prevent compromising the sovereignty of the Libyan state and violating laws and the exploitation of smuggling groups across the land borders of the deteriorating security situation since 2011, but that Illegal immigrants are still crossing the land borders, and there are still many smuggling and human trafficking operations trying to flow inside Libyan territory, in violation of the provisions of the law, to try to escape to European countries from Libyan territory, which puts Libya in great trouble, especially in front of its international partners. The study highlights the importance of shedding light on the phenomenon of illegal immigration and its impact on the effectiveness of Libyan procedures and laws, and to identify the purposes of Sharia in the phenomenon of illegal immigration. The study uses the analytical method, where the analytical method contributes to analyzing the phenomenon of illegal immigration in Libya and to identifying the purposes of Sharia in combating the phenomenon of illegal immigration. The study uses the comparative approach to compare the Libyan laws and procedures applied during the period of conducting the study. This approach also contributes to comparing the Libyan laws with their counterparts in the countries that succeeded in combating the phenomenon of illegal immigration. The study reached many results, including that the pure illegal immigration is one of the most prominent phenomena.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133944248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Legal Framework on Human Trafficking in the UAE","authors":"Aref Abdullah Mohmmed Alwadeai","doi":"10.46722/hkmh.4.4.21p","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21p","url":null,"abstract":"Trafficking in human beings is not accepted by the International Entities as a whole; because of the human rights violations that it entails and the woes that result from these acts. This research aims to identify the legal framework for crimes of trafficking in human beings in the UAE, and what made these legislations are distinquieshed in the CGC related to their phases of developments, by answering two main questions, firstly: What is the crime of human trafficking and its pillars? Secondly: what is the role of the UAE legislator in combating human trafficking crimes? The research followed the descriptive analytical approach. Finally: at the end of this research, number of results are reached related to the development of the UAE law as a special law for crimes of human trafficking as a complementary law to the Federal Penal Code. There are matters and procedures the UAE law must do it, for example, the need to criminalize the act of incitement to commit crimes of human trafficking in all its forms, by any means and whatever the legal or factual effect of this incitement.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116684255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Jurisprudence of Benefits and Evils through Ibn Daqiq Al-Eid’s Explanation of the Hadith of Al-Bara Bin Azib: \"The Messenger of Allah commanded us With Seven and forbade us from seven","authors":"Saad Boudolah","doi":"10.46722/hkmh.4.4.21k","DOIUrl":"https://doi.org/10.46722/hkmh.4.4.21k","url":null,"abstract":"Islamic Sharia is a complete law, its foundation and principles based on wisdoms and the interests of people in the world and the hereafter. From this point of view, this study came to discuss a topic that is much needed in every time and place, and it has to do with the purposes of Sharia, which is the jurisprudence of Benefits and Evils, and to highlight some of the efforts of one of the prominent Islamic scholars, and his contributions to it, as the scholars of the religion in his time and beyond agreed to testify to him with firmness in knowledge and integrity and contributes to the Sharia a great contribution, and he is Imam Abu Al-Fath Taqi Al-Din Muhammad Ibn Daqiq Al-Eid, died in the year: 702 AH. This topic dealt with the study of the jurisprudence of Benefits and Evils through the explanation of Ibn Daqiq al-Eid in his book, Explanation of Knowledge of a Hadith from the shortest sayings of the Prophet (peace and blessings of Allah be upon him), which of many principles and rulings of Islamic Shari'ah revolves on it. The study clarified some of the important aspects that are closely related to this science, especially the benefits and evils and the rules related to them, and the very important applications that branched from them for Ibn Daqiq al-Eid, and precise benefits associated with them.","PeriodicalId":160994,"journal":{"name":"Al Hikmah International Journal of Islamic Studies and Human Sciences","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125568855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}