Lex Mercatoria play a crucial role in resolving disputes arising from international trade contracts before arbitration bodies, thus establishing them as an independent legal system capable of regulating international commercial relations. This legal characteristic imposes a certain obligation on various arbitration bodies to apply them to the disputes brought before them, either based on the parties' intentions or based on the legal force inherent in those customs. Consequently, this research examines the extent of recognition of the binding force of commercial (...) customs before arbitration bodies, and based on that, it elucidates the authority of these bodies in applying them to international trade disputes. It is evident that these customs, due to their flexibility derived from the nature of commercial transactions and the customary practices of traders resorting to them, have become today an independent legal system that imposes itself on arbitration bodies even if the parties did not choose to apply those customs. This paper recommends the Jordanian legislator to explicitly adopt the application of these commercial customs in the Jordanian Arbitration Law texts, following the example of national and international comparative legislation. (shrink)

This study dealt with one of the most important legal subjects in private international law that relates to the topic of law applicable to electronic signature and is problematic by the lack of clear and explicit texts to determine the law required on the topic The main objective of the study was to reflect the legal regulation in private international law of such a problem, as well as to address some practical and applicable problems relating to the topic of the (...) study, including the legal nature of an electronic signature, When preparing this study, the researcher relied on the inductive approach by extracting legal texts on the subject of the letter in accordance with Jordanian legislation. in addition to the analytical approach where the researcher analysed and described the legislative and doctrinal positions and international conventions associated with the subject matter of the letter, The prescriptive approach, through a statement of the legal nature of the electronic signature. The researcher produced a series of results, the most important of which was the absence of clear and explicit texts specifying the law applicable to the electronic signature. This result was reflected in the recommendations of this letter, which were the most important recommendation to the Jordanian legislature that legal rules should be drawn up to determine the law applicable to the subject matter of the study. (shrink)

Understanding the nusus and the interpretation of their texts has been at the center of the activities of many schools and ulama in fiqh studies, and as a result, each school of usool has sought to find a method suitable for their own understanding in order to understand and interpret the nusus in a sahih way. For this purpose, fiqh schools have developed some unique methods. It can be said that the main differences among the hukms that fiqh schools rely (...) on are generally due to these methodological differences. One of the efforts to understand and interpret through the linguistic structures and patterns of the nusus is tawīl. For this reason, it is necessary to know conceptions of tawīl in order to accurately determine the hukm giving methods of fiqh schools. In this context, the thought of Zâhiri Ṭawīl, which is based on the zâhiri meaning of the words in the language and aims to solve the meaning pattern of the nusus within the framework of the rules of the language, is important. To this end, the tawīl understanding of Ibn Hazm (d. 543/1148), one of the leading ulama of Zâhiri thought, has an important position in the determination of their understanding of fiqh and usool. For this purpose, by searching the works of Ibn Hazm, how his understanding of tawīl, which he used as a method, is reflected in his fiqh thought, will be examined through his fiqhi inferences. The Qur’an used their language when addressing the societies. The Qur'an especially, on the one hand, has used the language they use to convey its messages to its interlocutors in a correct and understandable way, on the other hand, it has used a unique style without departing from the natural structure of the language in unseen matters due to the nature of religious language. Therefore, it is necessary to take into account the words of the texts in order to understand and interpret the language used. The word tawīl was used by the ilm circles in the first period to mean the same as the word tafsir and in naming the works written as the Qur’an tafsir, the word tawīl was preferred instead of tafsir. Mâturîdî, the writer of the first dirayah tafsir, which points to the distinction between tafsir and tawīl, defines the word tafsir as 'to express exactly what is the meaning and purpose of the Qur'an, which is the divine word' and states that tafsir can be done only by the the Ṣaḥābah who knows Quran and Sunnah well. According to one of the many theses about the origin of language, it is God given. In other words, language has been taught to man by a supreme power (Allah). Ibn Hazm also defends this view. According to Ibn Hazm, the basic elements / elements of the language were taught by Allah to Adam (a.s), and then people developed this language in proportion to their needs. Therefore, the indications of the words depend on the declarations of God and linguistic experience. As a matter of fact, Allah has attributed new meanings to words such as salat, allegiance, hajj and similar words used for other meanings in the custom of language, and the new meanings attributed to them are accepted as the truth for the meanings of these words. Usûlists who adopted the method of fuqaha in usool, in the methods of istinbat of hukm out of sharii dalils, have generally made the taqseem of the words in terms of the meaning they were given to as âm, khâs, mushtarak and muavval while their taqsseem in terms of the words’ being used or not in the sense they were given was haqiqat, majaz, sarih and kinayah. Compared to other schools, the issue of tawīl has a different meaning according to the Zâhirî usûlists and faqih who base on the zâhiri khitab. Since the zâhir of the nusus is primary and essential, there should be a certain usool, principle and rule to give up the zâhir of the nusus and to switch to another possible meaning. Ibn Hazm states that there are different opinions among the usûlists about whether the imperative form is indicant of hukm. He also says that according to some Hanafi, Malikî and Shafii usûlists, as long as there is no evidence showing that it is wujub, tahrim, nedb, ibahâ and karahah, then the imperative form cannot be views as indicating a hukm. (shrink)

This study focuses on the narration, "Whoever makes a tafsīr the Qur'an according to his own opinion, let him prepare his place in Hell," which Abū Manṣūr al-Māturīdī (d. 333/944) considered as a basis while defining the terms tafsīr and tawīl in the introduction of his work titled "Ta'wilatu'l-Qur'an." Various scholarly studies have examined al-Māturīdī's distinction between the terms tafsīr and tawīl from both theoretical and practical perspectives. However, it has not been examined in terms of the narration, authenticity status, (...) and its impact on subsequent works when explaining the difference between these words, while making a choice among the various wordings and containing the verb "فَسَّر". In this study, initially, an investigation of how the terms tafsīr and tawīl were used in dictionaries, ḥadīth literature, and exegesis works before al-Māturīdī’s time a diachronic reading was conducted to comprehend the intellectual background that led al-Māturīdī to distinguish between them. Explanations and narrations related to these words found in dictionaries and exegesis works after al-Māturīdī were excluded from the scope of the study. Subsequently, other narration variants distinct from the one al-Māturīdī utilized in his argumentation, which prohibited making interpretations about the Qur'an through personal opinion and which differed from al-Māturīdī’s preferred variant, were examined. The study also presents the approach of early Islamic scholars to this issue. Finally, al-Māturīdī's interpretation, defined as "the only and definitive explanation made with Allah as a witness regarding the verses," and his preference for the variant of the narration, "Whoever makes a tafsīr the Qur'an according to his own opinion, let him prepare his place in Hell," are analyzed in terms of their authenticity, their impact on Islamic sciences, and the possible reasons behind al-Māturīdī's choice of this particular variant. (shrink)

Machine generated contents note: 1.Lost Spaces -- Sandy Island -- Leningrad -- Arne -- Old Mecca -- New Moore -- Time Landscape -- The Aralqum Desert -- 2.Hidden Geographies -- The Labyrinth -- Zheleznogorsk -- The Underground Cities of Cappadocia -- Fox Den -- North Cemetery, Manila -- North Sentinel Island -- 3.No Man's Lands -- Between Border Posts (Guinea and Senegal) -- Bir Tawil -- Nahuaterique -- Twayil Abu Jarwal -- Traffic Island -- 4.Dead Cities -- Wittenoom -- (...) Kangbashi -- Kijong-dong -- Aghdam -- Pripyat -- The Archaeological Park of Sicilian Incompletion -- 5.Spaces of Exception -- Camp Zeist -- Geneva Freeport -- Bright Light, 4 Mures Street, Bucharest -- International Airspace -- Gutterspace -- Bountiful -- Mount Athos -- Ranch of Sprouts: Brotas Quilombo -- FARC-controlled Colombia -- Hobyo -- 6.Enclaves and Breakaway Nations -- Baarle-Nassau and Baarle-Hertog -- Chitmahals -- Sealand -- United Kingdom of Lunda Tchokwe -- Gagauzia -- 7.Floating Islands --. (shrink)