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The World Islamic Sciences and Education University (W.I.S.E) Al-Meezan for Law and Islamic Studies An International Research and Refereed Journal Volume (7), Number (2), Safar 1442, Aug. 2020 ISSN 2311-097X The views and ideas expressed in the articles published in this journal are of their own authors and do not reflect the views of the editorial board or the World Islamic science and Education University or the policies of the Ministry of Higher Education and Scientific Research.

Al-Meezan · 2020. 10. 13. · Al Meezan Journal for Law and Islamic Studies, Deanship of Scientific Research, World Islamic Sciences and Education, The Hashemite Kingdom of Jordan

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  • The World Islamic Sciences and Education University (W.I.S.E)

    Al-Meezan for Law and Islamic Studies

    An International Research and Refereed Journal

    Volume (7), Number (2), Safar 1442, Aug. 2020

    ISSN 2311-097X

    The views and ideas expressed in the articles published in this journal are of their own authors and do not reflect the views of the editorial board or the World Islamic science and Education University or the policies of the Ministry of Higher Education and Scientific Research.

  • All Correspondence Concerning this Journal should be addressed to:

    Editor in Chief Deanship of Academic Research

    The World Islamic Sciences and Education University (W.I.S.E) Amman- Jordan

    P.O. Box: (1101), Post Code (11947)

    Tel: 00962 6 5600230, Ext. 2012, Fax: 00962 6 5600237

    Email: [email protected] Website: www.wise.edu.jo

    http://www.wise.edu.jo/

  • Al- Meezan For Law and Islamic Studies

    An International Research and Refereed Journal

    Volume (7), Number (2), Safar 1442, Aug. 2020

    Editor in Chief

    Prof. Khalouq Daifallah Agha

    Editorial Staff

    The World Islamic Science & Education University Prof. Waleed Awajan

    The World Islamic Science & Education University Prof. Mohammad Bani Salameh

    The World Islamic Science & Education University Prof. Yaser Al-Hourani

    The World Islamic Science & Education University

    Prof. Issa Nouri Qwaider

    The World Islamic Science & Education University Prof. Saleem Hatamleh

    The World Islamic Science & Education University

    Dr. Abed Alra'ouf Bani Issa

    The World Islamic Science & Education University Dr. Mubarak Altarawneh

    Advisory Editorial Board

    Mufti of The Hashemite King of Jordan His Eminence Sheikh Abd Alkareem

    Khasawnh

    Minister of Endowments and Islamic Affairs Prof. Abd Alsalam Alabadi

    The World Islamic Science & Education University Prof. Abd Almalk Alsaadi

    Yarmouk University Prof. Osamah Alfaqeer

    University of Jordan Prof. Adnan Alassaf

    Kuwait University Prof. Mohammed Mansour

    Mutah University Prof. Abd Alellah Alnawaesh

    United Arab Emirates University Prof. Jasem Alshamesi

    United Arab Emirates Prof. Ahmad Alhadad

    Arabic Language Editor

    English Language Editor

    Dr. Mohammad al-Hujooj Dr. Jebreel AL-Saudi

    ............................. Journal Secretary

    Reham al-Faouri ............................

    Designer Amal Ahid al-Ghanem

  • Al-Meezan for Law and Islamic Studies An International Research and Refereed Journal

    About the journal: Al Meezan Journal for Low and Islamic Studies is a specialized international refereed scientific journal issued by the Deanship of Scientific Research at the World Islamic Sciences and Education University (WISE). Head office of the Journal: the World Islamic Sciences and Education University (WISE). The journal issues three editions per year.

    Objectives of the Journal: 1. To contribute to spread and progress of authentic knowledge in the

    field of Islamic and legal studies. 2. To scientifically approach current problems. 3. To contribute to preserve, enroot and cherish the identity and values

    of the Arabic and Islamic nation. Journal's Area of Interest: 1. Al Meezan Journal publishes authentic researches that add to the

    knowledge of Islamic and legal studies in Arabic and English received from inside and outside the university.

    2. The journal focuses on publishing theoretical studies and critical reviews that thoroughly cover any of the branches of knowledge with which the journal is concerned.

    3. The journal publishes applied studies and / or the studies that cover the current situation of the Arab and / or Islamic countries individually or collectively provided that the submitted papers comply with the policy and methodology observed by the journal.

    4. To publish duly made reviews of modern books published within the last two years maximum, being in the area of interest for the journal.

    5. The journal publishes feedback and comments on the papers already published therein.

    6. The journal welcomes publishing abstracts of postgraduate studies that cover the branches of knowledge in which the journal is specialized.

  • Terms of Publ ication 1. Authors are required to provide a written declaration that their scripts

    submitted to publication have not been previously published nor submitted for publication in another journal.

    2. All scripts submitted for publication in the journal are duly subject to confidential review and strict scientific refereeing.

    3. Evaluation criteria include: originality of the subject, being an addition to knowledge, applicability, methodology, style, findings, observing academic integrity, soundness of language and smoothness of presentation.

    4. The journal may request making some modifications for the script prior to approving it for publishing, and it has the right to make some editing for the approved scripts.

    5. The journal reserves the right not to publish any script without giving reasons. Its decision in this respect is final.

    6. The author approves giving the journal the copyright for publication. In case the journal wants to republish the paper or a part of it the journal has to take the author's permission therefore.

    7. The researcher is obliged to pay for the evaluation works in case he/she decides to cease them.

    8. Opinions expressed the published papers reflect the views of the researchers themselves and do not necessarily reflect the policy of the World Islamic Sciences and Education University or the editorial board of the journal.

    Detailed Guidelines: Specifications of the paper submitted for publishing 1. The script must not be more than 35 numbered double spaced pages

    (9000 words with font size of 14) including the references, notes, tables and indexes.

    2. Tables and figures are to be in the same order as mentioned the script. Tables are titled from above while figures from bottom. Each table or figure must be printed on a separate page , and the table or figure should be located in the body like " figure (1) is approximately here".

    3. The first page of the script is to include the title of the paper, three names for the author(s) in Arabic and English, with their academic

  • titles, current place of work and the full mailing address of the main researcher.

    4. The second page of the script includes the title of the paper without the author(s) name(s) followed by a maximum 150 - word abstract of the paper in Arabic.

    5. The third page of the script includes an authentic English translation of the Arabic abstract observing the same requirements.

    6. The script introduction starts on the fourth page. It includes the title of the script without the author name.

    7. Approved scripts are attached by a brief curriculum vitae of each researcher.

    Referencing method: 1. Quran verses: The Verses are to be in the Uthmanic font style, with

    the number of the verse and name of the Surah at the end the verse, e.g. [46: Al Imran].

    2. Noble Hadiths: To be referenced through the authentic books of Hadith, stating their rank of correctness and indicating the book, chapter and number of Hadith if possible. Example: 'A'isha reported Allah's Messenger (Peace Be Upon Him) as saying:" The acts most pleasing to Allah are those which are done continuously, even if they are small". Muslim, Sahih Muslim, Book of Traveler's Prayer and Shortening it, Chapter of the virtue of a deed that is done persistently, whether it be Qiyam al-Lail or anything else, Hadith number (218).

    3. Books: Adapted quotations should be referenced with serial numeration at the end of the research as follows:

    Author's full name, Hijri and Gregorian date of death between two brackets followed by comma, then the title of the book in bold followed by comma, then the name of the verifier or translator – if any–followed by comma, then place of publishing followed by comma, name of publisher followed by comma, date of publishing followed by comma mentioning the edition number between two brackets, number of volume - if any - followed by comma then the page number.

    Do not attach a list of references in the end of the research. 4. Legal texts and judicial decisions

  • - Legal texts are referenced by stating the text from its source. Example: Article (5) of the Code of Civil Procedure number (24) of the year 1988.

    - Judicial decisions are documented by stating the decision from its source, e.g. Supreme Court of Justice, decision number (120), Bar Association Gazette, Issue(1) 1989, p161.

    5. Scientific periodicals: Documentation is as follows: Author's full name followed by comma, research title followed by

    comma, periodical name in bold and place of publication followed by comma, volume number followed by comma, issue number followed by comma, date of issue followed by coma then the page number. Example: Azmi Taha Al-Sayyed Ahmad, Al-Ghazali's Two Scientific and Ethical Connotations of the Most Beautiful Names of Allah, Al-Manarah Journal for Researches and Studies, Al al-bayt University, Volume (10), issue1, 1994,p45. If the research is referenced for another time it is documented briefly: author's surname, title of the research, p…

    6. Taking from Newspapers: a. News: To include the name of newspaper, issue, date and place of

    issue. e.g. Ad-Dustour, issue 9253, June13, 1993, Amman. b. Other than news: To include the author name followed by comma,

    title of the essay in bold followed by comma, name of the newspaper and issue number followed by comma, date followed by comma and place of issue. e.g. Mahmoud Darweesh, Eleven Planets, Ad-Dustour, issue 1965, March 31, 1993, Amman.

    7. Manuscripts: Documentation in manuscripts goes as follows: Full name of author followed by comma, full title of manuscript in

    bold followed by comma, number of manuscript followed by comma, place of manuscript then the number of page (or leaf) mentioning whether the quotation is taken from front page (=f) or back respectively.

    e.g. Ibn Hajar Al-Askalani (ceased 852H / 1449AD), Thail Addurar Alkaminah, Manuscript number 649, Taimouri Bookshop, 54 pages (Front).

  • Attachments at submitting the paper for refereeing: 1. A letter addressing the journal's editor in chief expressing the

    researcher's desire to publish in the journal, and indicating the narrow field of specialization.

    2. Four paper copies and one soft copy in accordance with the terms mentioned above.

    3. A brief curriculum vitae of the researcher. 4. A written undertaking for the journal that the paper has never been

    published or sent for publication in any other journal, and that the copyrights of the study are owned by the World Islamic Sciences and Education University.

    Approval of Publishing: 1. The journal informs the author about approving the publication of the

    script after meeting all the requirements. 2. The sole or main researcher is given ten excerpts of the issue where

    the paper was published. 3. All correspondences are directed to the following address:

    Editor in chief,

    Al Meezan Journal for Law and Islamic Studies, Deanship of Scientific Research,

    World Islamic Sciences and Education, The Hashemite Kingdom of Jordan. P.O. Box (1101) Postal code (11947)

    Telephone (009625600230) Extension (2012) Fax (009625600237) Email: [email protected] University website: www.wise.edu.jo

    mailto:[email protected]

  • Contents of the Issue

    (In English)

    Researchers Research Title Pages

    Dr. Husni Mabrouk Faraj AlDlain &

    Dr. Emad Abdel Hafiz Zyadat

    Solvency of Islamic Insurance Companies 13-47

    Dr. Saleh Mahmoud Jaber Rules Pertaining to Permissibility: A Contemporary Applied Fundamental Study

    49-88

    Dr. Hazem AbedElfattah Abualia The Jurisprudential Issues on which Al-Bukhari

    Disagreed with the Four Schools in the Chapter Headings of his Sahih (Acts of Worship as a Model): A

    Comparative Analytical Study

    89-124

    Dr. Rashed Bin Hmood Alnuthairy Rulings for the Adultery -penalized in Islamic Jurisprudence 125-170

    Dr.Mohammed Hussein Al-Majali The Role of Judicial Conciliation in Resolving Administrative Conflicts: A Comparative Study (France,

    Egypt, Jordan)

    171-210

    Dr. Enas Mohammed Algaraybeh Hanafi Scholars Position toward Custody to A Woman Married to a Foreigner: A Comparative Study with the

    Other Schools and the Arabic Laws of Personal Status

    211-240

    Dr. Fahad Aamer ALsaedi &

    Prof. Ziad Awwad Abu Hammad

    The Reason of Revelation of the Verse "And we have already known the preceding (generations) among you and

    We have already known the later(ones to come)" A

    Critical Study

    241-261

    Dr. Mahmoud Mohammad Almaaitah The Effect of Convention on Specifying Menopause Time 263-279

    Dr. Yahya Mahmoud mohammad

    AlQedah

    Provisions of the Androgynous During the Prophet's

    Period

    281-310

    Dr. Tariq Mohammad Abu Tayeh Freedom of Religion in Islamic Sharia and the Universal Declaration of Human Rights

    311-341

    Dr. Mohamed Salem Harsha Dani's Selections in the Uthmanic Codex (in his Book Al-

    Muqni') as Compiled and Studied

    343-368

  • Dr. Mohammad Yones Alhonety &

    Dr. Allaith Saleh Otoom

    Woman's Position among the Modernists 369-408

    Dr. Khozama mohammad al-Issa The Coupling Style and Its Effect on Interpretation 409-447

    Dr.Hamza Hussein Qutaish AlHababsah Making Exceptions in the Oath: An Applied Rooting Study

    449-483

    Dr. Ali Abdullah Abu yahia Prenuptial Medical Examination in the Islamic

    Jurisprudence

    485-511

    Prof. Abdulmalek Abdulrahman Asaad The beginning and end of the times of worships: the five

    daily prayers, the two feasts, the socks wipping, fasting,

    the standing of Arafah, the sacrifice, and the Zakat Alfitr. (A comparative forensic study, to an old astronomical

    study).

    513-550