A Company Of Dignitaries (Alwojoh) And Its Rules In The Islamic Fiqh And The Jordanian Civil Law

Year: 
2010
Discussion Committee: 
Supervisors: 
Dr. Jamal Ahmad Zaid Al-Keelani
Authors: 
Rabia Arafat Shehadeh Diab
Abstract: 
This study addresses a company of dignitaries (or Al-wujouh group) in jurisprudence (fiqh) and compares it to Jordan civil law on account of its being a topic which requires further clarification. I divided this research study into an introduction, a preface, five chapters, and a conclusion. In the first part of the preface, I talked about the definition of the company of dignitaries from a linguistic, religious, and legal perspective. Then in the second part of the preface, I pointed out the divisions of company in jurisprudence (Islamic fiqh) and civil law. In the first chapter, I discussed the definition of the company of dignitaries, its importance, its titles, its legality, its characteristics, and the limits of the partners responsibilities as it is perceived in jurisprudence (Islamic fiqh) and the civil law. All this is made in six parts. The first part is about the definition of the company in the perspective of Islamic fiqh or jurisprudence and the civil law of Jordan.In the second part I talked about the legality of the company of dignitaries. The third part deals with the statement of the research and the importance of conducting research about the company of dignitaries in order to find the central theme behind having legality. The fourth part deals with the various names which this company of dignitaries can assume. In the fifth part, I discussed the characteristics of the company of dignitaries, and in the sixth part, I discussed the limits of the partners responsibilities. However, the second chapter of this research study looks at the forms of the company of dignitaries from the perspective of the Islamic fiqh and Jordanian civil law. This is done in four ways: in the first component, I discussed the types of the company of dignitaries in the scholars perspective. In the second component, I talked about the forms of the company of dignitaries in the Jordanian civil law. The third part deals with Al-fuqaha as views of the company of dignitaries. Finally the fourth part deals with the legal opinion concerning the company of dignitaries. In the third chapter, I wrote about the mechanism of distributing the profits and losses in the company of dignitaries based on the Islamic fiqh and Jordanian civil law, and that was done in three different sections. In the first section I wrote about distributing the profits according to the Islamic fiqh and the Jordanian civil law. In the second section I wrote about the distribution of losses according the Islamic fiqh and Jordanian civil law.The third section deals with the due profits with a pledge or promise in Islamic fiqh and Jordanian civil law. In this section I explained the meaning of pledge semantically and conceptually and in the company of dignitaries. In chapter four, I discussed the termination of the company of dignitaries according to the Islamic fiqh and civil law in two components: in the first component, I talked about the compelling causes for the termination of the company of dignitaries in the Islamic fiqh and the Jordanian civil law. In the second component, I discussed the optional causes for the termination of the company of dignitaries in the Islamic fiqh and Jordanian civil law. In the fifth chapter I focused on the comparisons and applications. That was done in seven components. In the first component I discussed the difference between speculation and company of dignitaries. In the second component I discussed the difference between tawarq and company of dignitaries. In the third component I discussed the distinction between bribery and profit with security. In the fourth component I discussed the quota share of influence and security. In the sixth component, I discussed the fare security and the profit guarantee. In the seventh component I discussed the role of credit and debts in the Islamic economy. I concluded this research study by pointing out the findings which I have reached and the set of recommendation which I would like to spell out as follows: (1)The company of dignitaries is permissible in Jordanian civil law. This has been referred to in Item (619) & Item (620). It is also permissible in Islamic jurisprudence (Islamic fiqh). 2)Comparisons and applications related to the company of dignitaries such as the difference between speculation and company of dignitaries, speculation and tawarq, bribery and profit-guarantee, share power and share security. *The most important recommendation was the activation of the company of dignitaries in practical life so that it can be a substitute for profit-interest loans and dealing with banks.
Pages Count: 
148
Status: 
Published