Damascus University Journal for legal sciences
The Journal of Legal Sciences is a specialized scientific periodical journal concerned with legal studies in all its aspects (the legal aspect, discretion in passing judgments, etc.). It aims at enriching legal thought, publishing legal rules, and supplementing legal studies with everything that serves them by focusing on relevant research, as well as reviewing the contemporary legal thought (local and global, ISSN:2789-7621 (online)
Electronic processing of personal data between the sanctity of privacy and criminal protection
Information technology has begun to be used as an advanced technology in controlling, collecting, processing, storing, retrieving and making use of data. It has become commonplace to transfer this data via electronic networks, and the world has become more like a large society in which means of information technology and various communication networks are interconnected, and personal data flows between its parts. Accordingly, information technology and communication networks contain a huge amount of personal data, and in this huge environment, monitoring and control are weakened, which increases the risks of attacking this data. Consequently, electronic progress and increasing reliance on information technology means to manage societal affairs have been accompanied by risks based on illegal access to personal data and its misuse, which affects the privacy of individuals. This research is related to studying the penal policy adopted by the Syrian legislator in protecting personal data through Law No. 12 of 2024 regarding the protection of personal data, and the extent of divergence and convergence between the basis of penal protection stipulated in this law, and the protection of data through other laws, the most important of which is the law regulating Communication on the network, combating cybercrime, and the Civil Status Law, let us reach the end of our research to determine the suitability of the Syrian legislator’s penal policy in achieving adequate protection for this data in a way that ensures preserving the sanctity of people’s privacy.
Copyright (c) 2025 Damascus University Journal for legal sciences
C’est à la fin du XXème siècle que le législateur a laissé de plus en plus la place à l’émergence d’autres sources, dont les usages, principes généraux et standards. Parmi ces derniers, il existe le « reasonable ». Celui-ci fournit un cadre dans lequel s’exerce toute activité juridique en droit anglo-américain et possède également des origines romano-germaniques. Sous l’impulsion de la common law, les textes internationaux et européens ont utilisé le raisonnable pour imposer aux contractants un devoir de loyauté et les inciter à conclure leurs accords en des termes appropriés. La complexité des situations auxquels les juristes font face impose le recours à des notions indéterminées ou plus floues, comme le raisonnable. En premier, il étend la marge d’appréciation des juges et éventuellement le jugement répondrait d’une manière plus approprié aux besoins de la pratique. En deuxième, il incite les juristes à imposer le devoir moralisation aux individus, particulièrement, incité les contractants à adopter des comportements cohérents, coopératifs et mesurés puisque le contrat constitue l’œuvre des personnes raisonnables qui doivent l’exécuter dans les « délais raisonnables » pour qu’il puisse répondre à leurs « attentes raisonnables ». Enfin, et vue son importance, ce standard a été consacré dans la nouvelle réforme du Droit Civil Français en 2016, alors qu’au Liban, la référence à ce standard par la jurisprudence demeure est très modeste.
The literary trend in interpreting of the Holy Qur’an in the modern age (Amin Al-Khouly and Bint Al-Shati as an example)
The literary study of the Holy Qur’an is an ancient rooted study in Islamic interpretive history, that began with the first beginnings of scientific attempts to understand and interpret the Holy Qur’an in the early Islamic ages, and has continued without interruption to our days. However, the matter of emerging an independent interpretive, literary trend that adopts a special vision and methodology, seeking to achieve special purposes, is the new matter, which has matured and completed its own special features in the modern age. Actually, this research comes to try to introduce the concept of literary interpretation of the Holy Qur’an, what is meant by the literary trend in interpreting the Holy Qur’an, what are its historical roots, and what is the modern intellectual and historical context that led to its emergence in the modern age? This paper will also give special attention to the two pioneers of this trend, Amin Al-Khouly (d. 1966 AD) and Aisha Abdul Rahman (Bint Al-Shati) (d. 1998 AD), and will give a concise clarification to their general literary approach to the Holy Qur’an. This research will be conducted by using the descriptive method that relies on surveying the writings of Al-Khouly and Bint Al-Shati related to the literary approach, and attempting to analyze them to determine the elements of their method, and determine the scientific and methodological contribution of both of them to establishing the literary trend of interpretation in the modern age.
Copyright (c) 2024 Damascus University Journal for legal sciences
Job Evaluation and its Effecton Performance Efficiency
The performance evaluation system is considered one of the most important administrative systems in the field of administrative activity, which enables the administrative authority to discover the weaknesses and work to remedy them by developing plans that suit the employee’s capabilities. if competence is one of the conditions for a candidate to assume a public job, it will later become a condition for his continued presence in his job, as he is qualified to carry out its duties. and performance reports have important effects towards the administrative authority and the employee alike, It depends on the results of the evaluation to make important decisions such as promotion, continuation of the job, and job reform . The study relied on the inductive and analytical approach, based on the most important scientific opinions in the field of performance evaluation through Arab and foreign references. The study concluded that achieving the best performance at work is through selecting the most efficient elements and if this process is the first step on the ladder of reaching the desired goals, then the process of evaluating the performance of employees is like a compass that shows the safest path to reaching these goals.
This Sadr al-Din Shirazi was not the first philosopher to discuss the issue of existence, but he was able to build anew trend of philosophy of existence and theory of a complete and unique in a differ and unique and characterized by creativity and renewal the Rashdip and through the history Islamic philosophy and he raised this issue radically different from the mainstream and Al - sinawi . By the aim of the research to show the attitude of speakers for the meaning of causative and their criticism and Is this criticism a natural result to their Goddess researches ? Or is isitafirst Knawiny Pasition for this concept ? The research will try to discover The history of Philosophic attitude of the causative by AL-Ashaara and to show is this concept complicated through. its varied logical and Antilogy metaphysics indicators according to level , Here Point show the Position of Speakers Poets Through the nature , and to show the history of AL-Ashaara , terature concept itself through Showing the development of speech inside this speech school Philosophic are these speakers result of Greek effects or are these result of idealistic Idiologic differences in understand - inc the religious text itself.
The limits of amending the constitution and its impact on the legislative and executive branches A comparative analytical study in the light of the permanent constitution of Iraq for the year 2005
The Constitution is the supreme law of the State and must be renewed in all its provisions as any other law, to be adjustable in order to keep pace with the requirements of the development of society, The amendment of constitutional rules is one of the means of creating harmony between the State's circumstances and the constitutional texts governing them, and bridging the gap between existing legal regulation and actual reality. The constitutional amendment had therefore become the most important means, given that amendments to the Constitution could be made without resorting to the repeal of the Constitution or the disruption of its provisions.
The partner's credits to the company in partnerships
The company's loans represent a means to finance the company to confront exceptional circumstances or for additional funds as a result of its entry into greater investments to achieve its purpose and accomplish its project. The company is considered debit for partners. This term expands to include other cases, the debts of the company in the company, will be addressed in this research by identifying and sheds it, after identifying this term and explaining its terms, and then talking about the results coming in the relationship between partner and company ,The results for which it is for the relationship collected by the partner with creditors, through excellence between two types of creditors, are creditors, personal partner and company.
The Unilateral Acts of International Organizations (Basic Concepts)
The International Court of Justice, through its advisory opinion on the issue of Reparation for Injuries Suffered in the Service of the United Nation in 1949 affirmed the acquisition of international legal personality to international organizations alongside states. International organizations exercise their powers at the international level through its resolutions that express their independent will, which based on their charters. The exercise of these powers by organizations has resulted in various types of resolutions that can impact the international arena, especially when each organ of these organizations relies on different legal instruments. The lack of precise determination of the legal effects of certain types of resolutions leaves states uncertain about the resolutions of organizations, whether they fall within their powers or not, and about the mechanism for dealing with them and the necessity of compliance. That is due to the ambiguity surrounding these terms, while international organizations continue to strive to be more effective and have a greater impact on the international stage.
The original claim related to nationality Comparative Study in Legislations (Syria, Morocco, Tunisia) Egypt, Jordan.
Comparative Arab legislation related to nationality differs in its position on granting the individual the right to file an original lawsuit whose subject is proving the individual’s enjoyment or lack of nationality, or as it is called (the original lawsuit devoid of nationality). The Syrian, Egyptian, and Jordanian legislators did not adopt an explicit position on this lawsuit and left the issue to the jurisprudence that Granting individuals this right, albeit in light of a jurisprudential difference over the legality of this lawsuit in the absence of an explicit text, while we find that the Maghreb legislation was clearer and bolder when it explicitly granted the individual the right to file this lawsuit directly without this being linked to any other payment. Or appeal a decision issued by any of the government agencies, and at the same time grant the administration, represented by the Public Prosecution, the right to file this lawsuit, equal in status between the individual and the administration. This approach, originally derived from French legislation, was more accurate and effective than Syrian law.
The Impact of New Accounting Rules on the Operating Lease Contract
Today, interest in financial or operational leasing contracts has reached a new level of interest in the legislation of developed countries, as the Financial Accounting Standards Board issued an amendment under a new rule that has entered into force since the end of 2018, and according to this rule, public and private companies must recognize all lease contracts in their budgets. Provided that the duration of these contracts exceeds twelve months. This rule includes the operating lease. Prior to the amendment, operating leases were accounted for as off-balance sheet financing, meaning that the leased assets and liabilities associated with future operating lease payments were not included on the company's balance sheet. This previously allowed billions of dollars to be kept in American companies because they did not report their assets and liabilities on the general balance sheet. While we find that the Syrian legislator still does not fully observe the contract in its civil or commercial legislation, despite the economic and industrial power it has become in developed countries.
The Extent of the Impact of Humanitarian Aid on the National Sovereignty of Countries
The principle is that humanitarian aid is based on the principle of humanity, neutrality impartiality, and independence, and on the other hand, the countries that receive this aid must hurry it without restriction or tape, because it is the aid of people and not countries. Politics and consolidation in the internal affairs of countries to publicize the card of sovereignty in front of this aid and made the issue of its destruction linked to the condition of its acceptance. Is the national sovereignty of the countries receiving this aid really respected? This is what makes humanitarian aid as a humanitarian act a game subject to political calculations and consensus interests, which could explain the continuation of many humanitarian crises around the world.
Copyright (c) 2026 Damascus University Journal for legal sciences
Recent Developments in Burial Alternatives inLight of Islamic law Principles: Human Composting as a Case Study
this research investigates the recent developments in burial alternatives within what is called the "green burial" movement, which calls for environmental sustainability in to human death practices. It focuses on human composting, a process that transforms human remains into nutrient-rich compost within weeks. The study aims to examine the legality of these recent developments from an Islamic law perspective, considering both the principles and objectives of Islamic law. The research employs a descriptive approach to explain the nature and mechanisms of these new methods, an analytical approach to evaluate the Justifications of their proponents, and an rooted and deductive approach to ground the issue in the established roots of Islamic law. The study is divided into three main sections: Defining Recent Developments in Burial Alternatives and Human Composting: This section introduces the various alternatives to traditional burial, including human composting, and explains the process involved. The Parameters of Burial Rulings in Islamic law: This section explores the Islamic legal principles governing burial, sanctity (inviolability) of the human body both in life and emphasizing the after death. The Ruling on Recent Developments in Burial Alternatives: Thissection analyzes the permissibility of various alternatives, including human composting, in light of Islamic law. The study concludes that: Islamic law prohibits any burial alternative that involves burning dismembering, crushing bones, or dissolving flesh. This prohibition of the human body. Consequently sanctity stems from the establishe dmethods such as liquid cremation and cryomation are forbidden. Human composting, if it involves crushing bones, is explicitly prohibited by Islamic texts. Even if it does not involve bone crushing, the study concludes that it fundamentally contradicts the principles and objectives of Islamic law. This is because it undermines the inherent dignity of the human being and conflicts with the objectives of benefiting the deceased through the prayers of visitors and serving as a reminder and lesson for living. Green burial methods that involve burying the body in the ground without embalming or a coffin are compatible with Islamic teachings. This applies whether the body is wrapped in a biodegradable shroud or similar material, as long as it is placed in the ground in a dignified manner and covered with its components. Islamic teachings on dealing with the deceased's body strike a balance between protecting the environment, respecting and honoring the deceased, and fulfilling the purpose of remembering death and reviving faith in the afterlife.
The roles of Islamic legislation: a scientific review
The research aims to provide a scientific reading of the roles of Islamic legislation, as stated in the book "Introduction to Islamic Sharia", which is one of the joint university courses between the College of Law and the College of Sharia. In order to achieve the goal of the research, it was divided into three demands. The first requirement is about the nature of the roles of Islamic legislation, and the second requirement is in comparing the purposes of studying the roles of Islamic legislation with the purposes of studying the history of other laws, and the last requirement is in reviewing the ideas on which the roles of Islamic legislation were based, including: non-independent ijtihad in the Prophet’s era, and hypothetical or discretionary jurisprudence in the third legislative role, The emergence of schools of jurisprudence in the third legislative period, the activity of the codification movement for jurisprudence in the fourth legislative period, and the phenomenon of sectarian fanaticism in the fifth legislative period. The research followed the descriptive approach with its various tools, and reached a number of results, the most important of which are: The so-called roles of legislation after the era of the message have no relationship to the history of Islamic legislation, and therefore it is sufficient to study the era of the message, considering that it is the era in which the structure of Islamic law was completed.
Legal Protection of “Hashtag” Under Trademarks Rules “Analytical Study in The Syrian Legal System”
Hashtags emergence in the virtual world and on social media has contributed to mobilizing public opinion towards supporting or rejecting many issues, ideas, and events at the local and international standards. This is something that individual traders and commercial companies, as well as owners of small and medium-sized investment projects, all the way to the largest multinational economic establishments at the national and global levels. The importance of hashtags in marketing various products and services became apparent, which contributed to doubling the chances of achieving profits, and thus making any commercial project successful with less effort and cost, by reaching the best results that the merchant seeks in terms of attributing these goods or services to him not to any other competitor in the market in a way that exceeds spatial and temporal boundaries in their traditional sense, which makes it necessary for legal researchers to look at the hashtag from a different angle as it is one of The most advanced form of trademarks in the modern era, with the various legal implications that result from it, the most important of which is its benefit from the protection provisions established for trademarks in the Syrian Arab Republic, assuming that it fulfills the objective and formal conditions for enjoying this protection, and the consequent possibility of implementing civil or penal protection for infringing the hashtag owner rights, whether the illegal act occurs in the real world or the virtual world.
The role of jurisprudence in rooting a case litigation judges
The lawsuit against the judges is the last means that the litigants resort to in order to protect their rights from the bad faith or negligence of the judges. It seems to us that the jurisprudence in Syria did not distinguish between substantive and formal conditions in the case of disputing judges. In addition, the poor judicial foundation of the dispute case against judges led to conflicting jurisprudence regarding it. It is noted that the judicial jurisprudence in Syria has been keen to harass the litigants in filing a dispute lawsuit on the grounds that it harms the reputation of the judiciary more than its keenness to protect the interests of the litigants and achieve justice among them.
The effect of the union of class on the nisaab of zakat
The zakat funds may be multiple and varied for one person, and this puts us in front of a question: Is it required that each type of this money reach the quorum for the obligation of zakat, or are these types combined with each other in order to complete the quorum? The research defined the parts of the title, and explained what is meant by the concept of the union of class among the jurists, and mentioned the agreement of the jurists on the requirement of the union of the quorum class in the zakat of livestock, and in the zakat of fruits for those who stipulated the quorum, and their agreement as well not to require the union of the class in commercial offers, and showed their difference in two issues, The first: the union of the sort of the nisab of grain according to those who stipulated it, and there are three sayings, one of which is that it is a condition for the obligation of zakat, and the second: that it is not an absolute condition, and the third: that it is not a condition in similar sorts such as wheat and barley, and a condition except for them, and the first opinion is more likely, And the second issue: the unification of the sort of the nisab of the two coins: and there are two sayings: the first is that it is a condition for the obligation of zakat, and the second is that it is not a condition, and it may be more likely that it is not a condition.
The Effect of the Multiple Aspects of Parsing on the Multiple Aspects of Pausing (Waqf) and Beginning (Ibtida) According to Ibn Ashur (1394 AH) in "At-Tahrir wa At-Tanwir"An Analytical Study
The interpretation of "At-Tahrir wa At-Tanwir" by Ibn Ashur is one of the most important exegeses in the modern era. This is due to its inclusion of editing, investigation, and refinement. It is particularly renowned for its meticulous treatment of the rhetorical aspects and linguistic subtleties found in the structure of the Quranic verses. Ibn Ashur's work strives to elucidate the profound meanings and complete them, with particular attention given to the topic of pausing (waqf) and beginning (ibtida), recognizing their profound influence in preserving the intended message and avoiding misinterpretation during recitation. This research compiles the examples in which Ibn Ashur has mentioned the various aspects of pausing and beginning in the verses of the Quran based on the varied parsing aspects. It sheds light on a set of rules that should be considered in pausing and beginning and compares Ibn Ashur's insights with the works of other scholars who have written on this subject. It also compares his findings with the perspectives of some grammarians and interpreters dedicated to this aspect. The aim is to elucidate the points of agreement and divergence between Ibn Ashur's views and theirs, enriching the study of this important aspect of pondering the meanings of the Quran. Furthermore, it assists the readers in enhancing their recitation, appreciating the meanings of the Quran, and adhering to the appropriate places for pausing and beginning, according to their abilities.
Mixing funds in Syrian Islamic banks and its impact on the distribution of provisions and reserves An applied fundamental study
The research aims to establish a jurisprudential foundation for the mixing of funds in Syrian Islamic banks, and to explain the jurisprudential problems facing Syrian Islamic banks in investing their own funds and depositors’ funds in a common pool. The research also aims to address the problems of distributing allocations and reserves after the funds are mixed with each other, and in order to achieve the previous objectives. The research was divided into two sections: The first dealt with the forms of mixing funds in Syrian Islamic banks, and the second included the effect of mixing funds in the distribution of allocations and reserves therein, Among the most prominent results of the research are: The issue of mixing investment accounts with each other and mixing them with the bank’s own funds is permissible with certain restrictions mentioned by jurists, and it is true in the nature of Syrian Islamic banking. The principle of allocations and reserves is also one of the most prominent matters in which rights are mixed, and the reason for mixing the rights of shareholders and depositors in allocations and reserves. It is the mixing of funds within the framework of Syrian Islamic banking.
Application of the Operating Lease Contract as an Important Financial Forms in the Syrian Law
The operating lease contract is seen as one of the most important forms of financing contracts known as Leasing, which is a short-term contract that aims to finance the lessee by enabling him to benefit from the asset in return for a specified rental allowance for a specified period, and it is one of the contracts that can contribute to the development of the investment financing process in Syria. The research is represented in a theoretical study that includes research on the importance of the role of the operational lease contract in the financing process by defining finance and studying its formulas and advantages of the operating lease contract as the most important of these formulas and then discussing the finance lease law promulgated by Law No. 88 of 2010, which helps us distinguish it from the operating lease contract to enable Establishing legal procedures that contribute to clarifying a mechanism for its applicability in Syrian law.
The impact of the legal nature of the product of thought on the ways of transmission
The various jurisprudential opinions that have been raised about the nature of intellectual property rights, whether related to literary and artistic ownership, or industrial property, some of which discussed the possibility of considering the product of mind as property or not, and others discussed whether this product can be given to its owner. A real right or a financial right, and what jurisprudence has reached thanks to the famous ruling issued by the French Court of Cassation, considering it a product of mind, gives its owner a right with a mixed nature that combines a financial right and a real right. Each of these rights has a special nature, and provisions differ from one right to another. This special, mixed nature of intellectual property rights will also result in a mechanism for transmission through inheritance that differs from the rules for the transmission of real rights and financial rights
Commitment to inquiry for the sake on informing (Acomparative study)
Judicial jurisprudence and jurisprudential attempts did not succeed in moving the concept of the obligation to inquire to the position of recognizing it as an independent legal obligation - similar to some other legal obligations - most notably the obligation to inform, which recently received legislative attention and resulted in one of the amendments that affected some statutory legislation, although the organization and all its aspects was addressed, in organizing it, it neglected to dedicate its commitment to inquiry. The obligation to inquire is the main driver of the obligation to inform, and fulfilling it plays a prominent role in the latter’s success in performing its assigned job, which is bridging the gap between the contracting parties by enlightening the will of the contractor, the weak party to the contract, especially when the contract is concluded between a debtor (a specialized professional) and a creditor ( ignorant). The obligation to inquire has remained the focus of jurisprudence and judiciary, which have always required each party to a contract to exercise caution and be attentive to its contractual matters, and not to expect the other party to protect its own interests That is, if he failed to carry out his commitment to the inquiry as mentioned, he committed an unforgivable mistake, justified himself to blame, and was robbed of the possibility of revocation, So that he would no longer be considered abusive in using his right .
Abiding By Conjecture In Jurisprudential Rules
The Islamic law legalized to act with surmising after the impossibilty of acting with certainity to avoid the hardship , harassment and for the sake people; or else they fell in hard charge which is prohibited in our Islamic law. The project of acting with surmising manifsted in the Holy Quran and prophetic sunna. I have followed the extrapolated curriculum through. Then I have followed the comparative analytical curriculum among the four juristic doctrines in studying the juristic issues that relate to surmising. The research talked about the concept of surmising , then words related to it, and also it mentioned the instrument of acting with surmising within the holy Quran and prophetic sunna, after that it mentioned the applcations of surmising within the related rules , such as the surmising in the rule of the hardship brings facilitation, and also the surmising in the rule of certainity never be abolished by scepticism , and the surmising in the discordance between the apparent and the origin. The research came with introduction and two sections. So the introduction is (based prefaces) , it talked about the certainity of surmising and some words related to it. Conclusion: with main results and the recommendations. The main results: 1- surmising is due to scepticism that one of its sides be overbalanced after the impossibilty of acting with certainity. 2- the power of acting with the juristic rule and its branches comes from the Holy Quran and prophetic sunna. 3- the impact of surmising in the juristic issues let us consider in judging the issue according to the surmiser and the target of his mighty God Allah destination. 4- acting with surmising let us avoid the hardship and harassment from the charged, it became mean to attain sharia destination in keeping the religion, self, mind and ancestry. The jurists imposed juristic rules for the abundance of juristic issues, and its relating with scpticism. to control such juristic issues within rules such as the rule of the hardship brings facilitation with its branches: requisiteness is as necessity special or public, and the necessity is valuated by its value. And the rule of the certainity can not be abolished by scepticism, and its branches such as the rule of origin be remained what was stay as been, and also the surmising remained acting , but some t attain the sharia destination to keep up religion, self, mind, offsprings and money, and also as an instrument to achieve the sake of people wordly and afterlife. The recommendations: - to amblify in studying the juristic rules relating to surmising and all branches. - A comparative studying within juristic issues among surmising, delusion and scepticism.
\The world's antiquity in philosophers' thought. A critical - analytical study
There is no doubt that all contemporary trends of the emergence of the world and denial the existence of almighty Creator، are based on what the ancient philosophers decided to say. So I would like through this research to introduce to you the words of ancient philosophers one by one through the books of our ancient scientists such as Iman Al-Ghazali and others So I offered the emergence of the world at each of Aristotle، Al-Farabi and Ibn Sina، and mentioned view of Ibn Rushd in between philosophers and speech scholars، and to replay to Ibn Rushd on this matter. as the philosophers' evidences reported on the emergence of the world and respond to it، then I exposed to the concerns reasons for saying the world is emergence at the philosophers، and then I dealt with the issue of the philosophers' disbelief with what they went to from the emergence of the world، and discussing it and achieving it.
The objectives of Islamic Law connected with rulings of caring for the deadin the light of jurisprudential reasonings
Praise be to God, and may blessings and peace be upon the Messenger of God, his family, his companions, and those who follow him. Islamic law has honored man and taken care of his interests in a way that achieves his happiness in this world and the hereafter, and has required him to have rights in all his circumstances, including his rights in the weakest of those circumstances and the ones most in need of consideration, which is the state of death and the conditions that precede it and the conditions that follow it. These are the rulings collected by the jurists in the chapters on funerals or funerals. Chapter on rulings on the dead. This research took the approach of extrapolating those subsidiary rulings and following the jurists’ explanations for them, leading to deducing the comprehensive meanings that constitute the objectives of that jurisprudential chapter, while beginning to root those rulings by explaining their general characteristics, in an introduction, three sections, and a conclusion. The first section dealt with introducing the terms of the title and what is related to them, and in the second section: it explained the type of rulings related to the care of the dead, their ranks, their supports, and the objectives of Sharia in all of that. As for the third section: it dealt with the established objectives in the branches of the rulings on caring for the dead, whether they relate to an interest related to the dead person, or to his family. And those responsible for preparing it, or anything related to living organisms in general, which preserves the safety of the environment and the sustainability of its financial resources. In conclusion, the research reached the following results: Sharia law guaranteed the rights of the dead by establishing a number of obligatory legal provisions established in legislative sources, and supported them by encouraging reward and fearing earthly and afterlife punishment. Most of these rulings were obligatory to ensure that every dead person would benefit from them. In most of the rulings, the right of God is combined with the right of the servant, and the right of God prevails in them, that is, the general right. If the dead person waives in his will any of his obligatory rights and makes a will that would be a loss of his rights or a violation of his sanctity, then his will will not be executed and his rights will not be forfeited, because of the right of God in it. This is a great honor for the human being. One of the most important goals related to the interest of the dead was the goal of honoring, preserving sanctity, preventing insult, and delivering otherworldly benefits to him. As for the purposes related to the non-dead who is being prepared, the most important of them is the purpose of removing hardship and achieving solidarity, assistance, and consolation in words, deeds, and money. Likewise, the purpose of consideration and exhortation is to mention the reality of man and his fate in a way that produces integrity. As for the goals that apply to all living things, they are preserving the natural environment in order to preserve souls and public health. Preventing the waste of natural and financial resources for useless purposes.
Civil liability of banks for breach of refunding of bank deposits
Exceptional circumstances in Syria have produced decisions for banks, and how it deals with its customers restrict liquidity and trading, these decisions were controversial also raised several problems at the legal level, and legal application, mainly: Extent of banks' liability for their breaches of contractual obligations and professional error by putting a ceiling to remove of depositors, and referral of deposits in foreign currency. Which raised the question of the role of the judiciary at this stage in the light of banks' compliance with general rules for civil liability.
Salary service in Advance in Islamic banks An applied jurisprudence comparison study
The study aimed to clarify the meaning of salary, the meaning of Islamic banks, and to refer to the image of the salary provision service and how to apply it in Bank Nizwa, and to clarify the jurisprudential conditioning of the salary provision service, and to talk about its jurisprudential ruling, and to explain the jurisprudential conditioning of the salary provision service in the Omani Civil Transactions Law. The study included two sections, the first section dealt with a general definition of the research vocabulary, and the second section dealt with the legality of the salary provision service and its jurisprudential provisions. The study concluded that the jurisprudential and legal adaptation of the salary provision service in Islamic banks, including Bank Nizwa, is that it is a “KARDH HASAN” obtained by the customer from the bank, and the customer is obligated to return the same amount, description and quality upon the agreed term, despite the agreement of contemporary jurists on the jurisprudential adaptation of this service. However, they differed in its ruling, and the origin of the dispute is the commission that the customer pays to the bank in exchange for that service. The study recommended that Islamic banks, including Bank Nizwa, publish fatwas and decisions of the Sharia Supervisory Board. And that Bank Nizwa shall periodically study the costs incurred by it in order to provide this service; To ensure that the costs incurred are complied with without any increase in them.
Resorting to the principles of justice and fairness As a means of resolving international disputes and a means of redress
The principles of justice and fairness are an optional backup evidential source from the sources of international law, given that positive human-generated legislation is incomplete due to the lack of its author; He has no knowledge of aspects of issues and details of international life. The principles of justice and fairness aim to solve the legal problems resulting from the ambiguity or strictness of the original rule, or its unpredictability or suitability to the particularities of the presented incident, or its non-existence at all. Therefore, when a dispute is presented to the judge that does not contain or in any of its details a text as a legislative vacuum; He cannot be reluctant to decide on it; Otherwise, he is considered a perpetrator of the crime of denial of justice that is punishable by international laws, so the case is decided based on the principles of justice and fairness inspired by the spirit of justice and law, just as the litigants themselves may invoke those rules seeking justice, realization of the right, and remedy of rights. It reduces the rigidity of the legal rule and gives it additional flexibility, completes what is missing from it or is silent about it, and neglects its application at other times. These principles have played a pivotal role in developing, developing, amending and even establishing many rules and provisions of international law, just as the courts in their rulings refer - and still do - in quite a few to those principles.
Zakat on one property if its character is various - An applied jurisprudential study-
Property is described as zakat property by falling under one of the categories of zakat properties specified by Sharia law, and that description may be multiple if property falls under more than one class of properties on which zakat is due. This is like someone who owns property that requires zakat in particular (such as crops, fruits, or livestock), and intends to trade with that property, so it becomes zakat property as well because it has become a trade goods. Are tow Zakats obligatory? Or zakat on crops, or livestock, for example? Or is he obligated to pay zakat on trade goods? The jurists unanimously agreed that two zakats should not be combined on one property at the same time, with the exception of some of them, such as the Shafi’is. Then they divided after that: the Hanafi and Shafi’is, according to the old school of thought, and the Hanbalis, according to the approved opinion, said that what is obligatory is zakat on trade, not zakat on property. On the other hand, the Malikis and Shafi’is , according to the new school of thought, went to the point that what is obligatory is zakat on property, not on trade. After reviewing the opinions of jurists and their evidence, the research concluded that the most likely opinion is the first opinion. Because it is more beneficial for the poor and more advantageous for them, then a contemporary application was studied, which is the issue: Zakat on shares falling under two categories of Zakat property; Such as shares of companies whose capital consists of agricultural products, or livestock, on which zakat is required in particular, and the intention of the shareholders is to trade in those shares.
The special nature of intellectual property in terms of considering whether it is property or not and the nature of the rights that flow from it, whether they are real rights, personal rights, or a mixture of the two. All of this specificity that has emerged around intellectual property has made the question remain as to whether it is possible to consider the litigations that arise from it. It is being raised by arbitration, especially since intellectual property is, in one way or another, an important economic and commercial partner in building the global economy today, and therefore it is necessary, and in order to give it some of the flexibility that the global economic system requires, it makes it necessary to think about introducing arbitration as a partner in solving it. Litigations that arise over intellectual property, this requires the need to consider the relationship of intellectual property to the public system.
The Impact Of International Practice On The Formation Of International Customary Rule
It is legally established that states have the right to practice in the international arena as long as those actions are confined to the legitimacy of the place and the cause, and that such a right is fixed for international organizations as it is fixed for states, except that the first is confined to its actions within the framework of its legal personality, and although international decisions should achieve A set of conditions to serve as the basis for a customary rule, but the major countries monopolizing power and effectiveness in the contemporary international organization may use it as a tool to formulate customary rules in a revolutionary formative way. The international arena and what is happening on it revolves in the orbit of the major countries and their practices, so that the first is subject to the will of the latter in terms of action and practice, and in terms of the possibility of codifying those utilitarian practices to become a binding part of the rules that must be adhered to within the framework of international dealings. This means that the incorporation of the international customary rules is done in an uneven manner on the international arena, and that the contemporary international organization has infiltrated with a dress of speed and rapid development has introduced radical changes to the element of time in the formation of the modern international customary rule, allowing for the directed establishment of the customary rule that has removed it from its traditional concept in its familiar form. However, the concerned countries may avoid the formation of those emerging rules by protesting with legal controls instead of being reserved or remaining silent about what is happening on the international arena.