At-Tajdid - Intellectual Refereed Journal

مكافحة جريمة الرشوة الدولية في ضوء اتفاقية الأمم المتحدة لمكافحة الفساد: دراسة في مدى موائمة التشريعات الليبية لأحكام الاتفاقية

Tue, 31 Jan 2023 00:00:00 +0800

Abstract

This study aims to clarify the concept of the international crime of bribery committed by the foreign public official and the international employee, and to highlight the most important measures approved by the UN Convention to combat it, clarifying the position of the Libyan legislator regarding it, and the problem here lies in clarifying the most important measures approved by the United Nations Convention against the International Crime of bribery, and the extent to which the Libyan legislator dedicates it within the internal legal system, especially that the State of Libya is a party to the convention? To demonstrate this, the concept of international bribery and its criminalization and international cooperation to combat it were studied, using the inductive and analytical approaches, in addition to the comparative approach whenever needed. The study recommended adding or issuing legislation that includes an explicit and clear criminalization of this crime and a deterrent punishment for it in preparation for combating it is required. However, the strategy to combat this crime is not limited to the necessity for the Libyan legislator to issue legal texts is not more necessary than its seriousness to implement the legal texts in reality.

Keywords: international crime of bribery, foreign public official, international employee, the Libyan legislator.

الأساليب البلاغية في سورة الدخان

فاطمة سعد النعيمي (Fatma Saad B A Al-Naimi) — Tue, 31 Jan 2023 00:00:00 +0800

Abstract

This research aims to highlight the impact of rhetorical methods in the interpretation of Surat al-Dukhān, by revealing the most important rhetorical methods - such as metaphor, analogy, abbreviation etc. - that revealed the subtleties and rhetorical secrets in the folds of this surah, in understanding an aspect of the rhetorical miracle of the Qur’an; The Qur’anic expression appears to us to be often influential on the formula and its derivation, as it has an impact on understanding the Qur’anic meaning and benefiting from it, and then the knowledge of this great art and its secrets is one of the most important things that concern the practitioner of rhetorical interpretation, and everyone interested in interpretation should be acquainted - albeit in general - with these rhetorical secrets most of which are mentioned in this research, which followed the analytical inductive approach, and one of its most prominent results was that the rhetorical methods in the Qur’an facilitate understanding of the meaning of the word of God, and that the originality and breadth of the Arabic language bear the accuracy of ideas, methods and gestures, knowing that the Qur’an has only been translated its meanings as mentioned by Islamic scholars, so do not lose sight of eloquence, clarification, and linguistic creativity. Thus, the scientific value of this research appears through its clarification of the rhetorical method and the way to benefit from it in the explanatory meaning.

Keywords: Al-Qur’an, Arabic rhetoric, rhetorical miracle, rhetorical methods.

قبول التعددية في المجتمع المسلم المعاصر ضمانٌ للتعايش السلمي

فيروز زيادي (Fairouz Ziadi) — Tue, 31 Jan 2023 00:00:00 +0800

Abstract

With the increasing conflict in the contemporary Muslim society, and the attempt to impose opinion by force, and the emergence of organizations based on killing as a means of survival, in addition to the series of bombings and assassinations that we hear about here and there, this topic needs utmost attention. Since pluralism is the decree of God in force, and an inevitable reality, the solution lies in accepting the option of coexistence with the other while accepting the difference that exists between them, in order to achieve civil peace and social harmony. The contemporary Muslim community is experiencing all these problems rightnow, Accordingly, the research will address the following points: Identifying the components of the contemporary Muslim society. A statement of the contemporaries’ position on pluralism, and the weighting between the different positions. A statement of the impact of coexistence on the contemporary Muslim society. To achieve the objectives of the research, the researcher used the inductive method and the descriptive analytical method. The study reached several results, the most important of which are; First: By standing on the contemporaries’ position on pluralism; It turns out that there is a group that believes in pluralism and seeks to achieve it on the ground, and another group rejects pluralism and fights everyone who believes in it, And between them there is a middle group that believes in conditional pluralism, which is undoubtedly the logical and reasonable solution to the problem of pluralism in contemporary Muslim society.; Second: As an attempt to abolish pluralism in a society such as our contemporary Muslim societies for the purpose of uniting society, we establish the logic of hostility and disharmony, and throw society into the trap of extremism and the sword of terrorism, and even push it towards an abyss that will swallow it; Third: Coexistence leaves the soul calm and brings peace of mind and takes one away from hatred and intolerance and eliminates sedition and its causes in its bud. Therefore, we must be aware that coexistence among Muslims is a necessity that is increasingly needed day after day, and if it is not achieved on the ground, the alternative will only be more Wars and calamities.

Keywords: contemporary, Muslim society, pluralism, unity, peaceful coexistence.

التمكين السياسي في تجربة النبي صلى الله عليه وسلم من خلال صلح الحديبية

مريم داوود أحمد (Maryan Daud Ahmad), سعد الدين منصور (Saadeldin Mansour) — Tue, 31 Jan 2023 00:00:00 +0800

Abstract

This research deals with an analytical reading of the political empowerment in the experience of the Prophet PBUH, through the Treaty of Hudaybiyyah (Sulh al-Hudaybiyyah). It reveals the dimensions of the political empowerment brought about by the Messenger PBUH, and from it the empowerment of God’s religion is accomplished on earth, the realization of the purpose of man’s existence in this universe, and the liberation of people from worshiping people to worshiping the God, and these major goals we see achieved in the context of this type of political empowerment. The Qur’an has dealt with this subject in all its aspects, which confirms its vital role in the reality of the nation, and monitors the nature of this concept, its conditions, its objectives, and its different levels. This research adopts an inductive and analytical approach to clarify the theoretical dimension of the concept of political empowerment, and to address the practical aspects related to it by reviewing its images in some of the prophetic experiences in order to establish the foundations of the right in human reality and to build a civilized awareness that elevates nations to the ultimate worship goal.

Keywords: empowerment, politics, the Sunnah of the Prophet, biography.

القيود الموضوعية لسلطات مجلس الأمن في ميثاق الأمم المتحدة

Tue, 31 Jan 2023 00:00:00 +0800

Abstract

This research deals with the concept of objective restrictions established for the exercise of the Security Council's discretionary powers in maintaining international peace and security, granted to it under Article (39) of the Charter, and the necessity of adhering to the rules of association between the provisions of the Charter of the United Nations, its principles and objectives, in line with international changes; As the Security Council is the guarantor tool for maintaining a balance between lasting peace and activating the international justice system, based on the problem of clarifying the legal description of objective restrictions, and standing on their material nature drawn by the Charter of the United Nations for the Security Council to exercise its competence in order to establish the maintenance of international peace and security, and to embody the principles The basis of the Charter, and its relevance to the practical reality of the work of the Security Council in light of international changes, based on the inductive and analytical approach to the texts of the Charter and the Security Council resolutions in this regard; To know the limits of the function of the Security Council, the requirements of jurisdiction, the mechanism of intervention and the protected interest. The research concluded that the Security Council has a legal obligation when it undertakes the maintenance of international peace and security, in a way that ensures that it does not deviate from the discretionary power granted to it - the decision-making power, the power to take action - according to Article (39) of the Charter; By respecting a number of objective restrictions that assume that Security Council decisions are consistent with the objectives and principles of the Charter of the United Nations, and in accordance with the scope of competence of the Security Council granted to it in accordance with Article (24) of the Charter in its capacity as a representative of the Member States of the United Nations to protect their common interests, in addition to that the Council Security sought to expand the concept of international peace and security; to include new threats and challenges posed by the changes in international life between and within countries; To ensure that it exercises the international legitimacy controls contained in the Charter of the United Nations in the field of measures to maintain international peace and security.

Keywords: United Nations, Security Council, objective limitations, international peace, international security.

أثر الأوبئة في تغيُّر الفتاوى الخاصة بالعبادات: وباء كوفيد-19 أنموذجًا

Tue, 31 Jan 2023 00:00:00 +0800

Abstract

The pupose of this study is to look at the effect of infectious disesases on Ibādah issues during the COVID- 19 pandemic. The paper looks into the available Shari’ah rules to be realized in the making of new fatwas issued specifically to help contain the pandemic crisis. The paper has deliberated on issues related to fatwah changes and their critical implications in Sharīʿah and also gives background on the need to change fatwas that originated from the Qur’ān and Sunnah and implement them in the new jurisprudential issues that occurred during the pandemic. The methodology adopted in this paper is a descriptive analysis, by understanding and identifying the related literature on the topic and analyzing them according to the classical fiqh opinions. The paper maintained that it is applicable in Shari’ah to change fatwas according to the change of time, places, and situations. This is mainly to either achieve a (clear societal benefit) or prevent a (clear societal harm) and maintain the possibility of effecting such new fatwas during the COVID-19 pandemic.

Keywords: Fatwa changes; ibādāt; pandemic period, COVID-19.

إشكالية ترجمة العبارات الاصطلاحية في دبلجة الأفلام السينمائية: فيلم "أسد الصحراء" أنموذجًا

Tue, 31 Jan 2023 00:00:00 +0800

Abstract

This research aims to reveal idiomatic phrases and how to translate them in the dubbing of cinematic films, which is one of the methods of audiovisual translation through which a new sound is superimposed on the original sound, whether in a different language or in the same language. The movie "Lion of the Desert" was chosen for the practical side Desert, a film produced in English and then dubbed into Arabic under the title "Omar Al-Mukhtar". Through the descriptive analytical approach, the research presents a theoretical description of the idioms and the science of dubbing. It analyzes eight idiomatic phrases mentioned in the film by its protagonists in English, and then dubbed into Arabic. To identify the methods used in their translation, and to identify the most important problems faced by the translator. The research concluded that the translator used different translation methods to transfer idiomatic phrases into Arabic, and that he tended to use three of them; It is the intangible and literal translation method, and the omission method. He did not take great care in trying to find equivalent idiomatic phrases in the target language. Moreover, the problems that the translator faced in translating idiomatic phrases centered on cultural problems in their various aspects. Environmental, religious and social, and it was the reason why the translator sometimes did not resort to the equivalent translation method.

Keywords: Idiomatic phrases, translation methods, dubbing, cinematic films, “Lion of the Desert”.

منهج الرسول صلى الله عليه وسلم في التغيير: النظام الاجتماعي أنموذجًا

نورة بنت عبد الله الغملاس (Nora Abdullah Muhammad al-Ghamlas) — Tue, 31 Jan 2023 00:00:00 +0800

Abstract

This research is concerned with explaining the methodology of the Messenger PBUH, in changing some of the habits spread in society, with the study of models of that change. This study uses inductive methods as well as deductive and analytical methods. And one of its most prominent results was that the change in the sunnah of the Prophet was a positive and disciplined change in all its conditions with the will of good for humanity, and this change always begins with the most important thing. And the models of change that were written in the books of the Sunnah of the Prophet are an integrated, wonderful, consistent picture of the positive change that affected human life in its various aspects, and the change that was drawn by the Prophet PBUH combined the accuracy of the approach, the clarity of the goal, and the definition of goals, which is a model approach in change. This research was limited on specific examples of the changes brought about by the Prophet PBUH in the various aspects of society, such as tribal fanaticism, injustice, taking revenge, and consuming any intoxicating drinks.

Keywords: Biography of the Prophet, hadith, change, society, social system.

مقاصد الحق المالي للمرأة في القرآن الكريم: قراءة في المآلات والعوائق

Tue, 31 Jan 2023 00:00:00 +0800

Abstract

This paper aims to talk about a statement of the objectives of the women’s right to financial ownership’s maqāṣid from quranic perspective, starting with honoring her as a human being with different aspirations than men, and ending with giving her all her human and financial rights equal to men. For this reason, the financial rights of women are among the most vital social glitches in many Muslim societies, because despite the Islamic Sharia guaranteeing all the rights that Islam assurances to females, and illuminating their human right to own and dispose of money, such as gift, dowry, alimony, wages for work and others, many Muslims switch their customs patriarchy and their inherited habits to deprive women of fulfilling the right of their financial ownership, especially the right of inheritance.The one who looks at the source of this miserable culture will find it attributed to the authoritarian masculinity that made this domination a legal performance and wrapped in inherited social norms and framed in the name of religion, and its goal is complete control of the total right of women, whether on the intellectual, social or financial level. Because of these practices, many women have been forced to take strict social decisions, including joining institutions that demand feminist freedom, then divorce and separation from parents. The nature of the research requires the adoption of the inductive method in tracking the specifics of the research and then the analytical method for the discussion and interpretation of texts (nuṣūṣ). One of the most important findings of the research is that there are great purposes in giving women their financial assets and disposing of them independently, which is to achieve their claim to civilized construction like men, and their exercise of this right in it is to achieve the purpose of developing, preserving, distributing, and consuming money and not spoiling it, as a contribution to it. The process of stabilizing the family and society.

Keywords: Al-Qur’an, maqāṣid, ownership, financial rights, women

أزمة التعليم في العالم الإسلامي: قراءة نقدية

عرفان عبد الدايم محمد عبد الله (Erfan Abdeldaim Mohamed Ahmed Abdalla) — Tue, 31 Jan 2023 00:00:00 +0800

Abstract

The crisis of education in the Islamic world today is reflected in the stagnation that afflicted the educational process in the Islamic world with its two levels: traditional and modernist. The first level represents the current of religious adherents who do their best to follow the trail of their ancestors in everything. Those who adopt this trend deny themselves any innovation; legal or not. However, nothing in Islam obliges us to follow the steps of the ancients if we find something better for the interests of our religion and our life. Instead, Islam has commanded us to think and reflect on many of its verses. On the other hand, believers in the second current, blindly follow the West and consider it an excellent example in everything without bothering themselves to reflect or think. This current also includes a sect of people who claim to be contemporary Islamists. They would like to adhere to their religion and cling to its peels while following the Western modern civilization. According to the current study, those who would like to imitate the West; adherents to or rejectors of religion, are acting on behalf of the West in spreading their culture and philosophy of life to the youth of the Islamic nation. They are a cause of the deterioration of education in our Islamic world. All we have to do to save the educational process in the Islamic world today is to draw the philosophy of educational curricula according to the correct Islamic vision, and then look at what the West has achieved in terms of means, strategies and applications that can benefit from it without being affected by the Western curriculum or its philosophy.

Keywords: education, crisis, problem, vision, Islam, philosophy, curricula.

كلمة التحرير

رحمة أحمد الحاج عثمان (Rahmah Ahmad H. Osman) — Tue, 31 Jan 2023 00:00:00 +0800

في افتتاحه العدد الأول من "مجلة التجديد"؛ ذكر العلاَّمة عبد الحميد أبو سليمان أن هذه المجلة إنما يُراد لها "أن تكون منبرًا لكلِّ مُثقَّفٍ ذي فكرٍ حُرٍّ مُبدِعٍ مُجدِّدٍ، وهي تدعو كلَّ الأساتذة والعلماء والمثقفين المستنيرين الأحرار من رجال المعرفة والتجديد - أينما كانوا - للمشاركة بأبحاثهم فيها؛ إحياءً لروح التجديد والإبداع، وأداءً لحقِّ الاستخلاف، وحبًّا في حملِ أمانة الإصلاح في الأرض، والإحسان إلى الناس"