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- Itemالنظام القانوني لتنظيم السند الرسمي الالكتروني(جامعة القدس, 2009-04-18) عبد الله نظمي عبد المجيد مصلح; Abdulla Nathmi MeslehThe government departments such as (Notary service ) still organized the official bounds such as The agencies and contracts in traditional ways. This happen by using traditional papers signing by Parties , they do this by Footprint or signature or stamp, and saving them in traditional ways , this ways are easy to lose , with technological development that s happen in the word we must keep with these technology , We race between the Arab countries in the organization of official bonds electronically. The authority is the official e-governing authority by a competent public official, according to the conditions of certain legal and electronic means, the main objective of the establishment of an electronic bill is to bring together the parties are far from each other hundreds or thousands of kilometers in a single chamber, and dispensing with the traditional paper and transactions, and the possibility of access by all citizens On official business by offering the official government Web sites. The importance of electronic official authority if applied on the ground, inter alia, it means contributing to the social service community building because it will lead individuals to open to the world, on the other interaction means higher performance and lower cost, they are on the correspondence reduced pay the other hand it Fast and be issued the same moment, a third hand help to overcome setbacks and the slow pace of the government apparatus, reducing the risk of human interpretation unprepared for the information and data and also eliminate the time wasted in the institutional framework. Not regulated by the Palestinian legislature nor any Arab lawmaker mechanism to regulate electronic securities official, and here it should be a ز distinction between the parties if there is authority and the author of Justice in the same place and if they are removed from each unit and gathered them in place, in the first case, the mechanism should be thought as _ _ similar to the reception Bonds formal, but are traditionally the mainstay of electronic signatures and electronic mail and conservation, while in the second case, we believe that this organization is one of two ways, first the presence of a notary assistant in the whereabouts of the other party and the second communication between the parties and a writer of justice through sound and image _ _ Imaging camera directly. Such bonds must have the express authority of a strong technically, it is difficult to falsify and penetration, but they need to apply to the ground by the law and to demonstrate its authority explicitly, it is authoritative authority official and authoritative editor of the regular mail, is also the need for technical support And technicians on the ground to become the official authority electronic possible on the ground and the force of law. To achieve our study goal we adopted a descriptive analytical approach to prepare this thesis and we reached to Substantial results are:- 1. The draft did not trade and electronic commerce laws of most Palestinian and Arab States of modern electronic bill did not bear the official definition. 2. formal authority enjoyed several advantages of electronic does not have the formal authority of traditional authority such as this that there is an intermediary electronic, computer, and may lack some of the parties in place, and the presence of more than a notary 3-to regulate certain kinds of authority official website. 3. The existence of legal problems facing formal authority, such as electronic inadequacy of existing legislation to the official electronic bonds, as well as the presence of technical problems in official circles, such as lack of a ح secure network between institutions and the lack of technical system of egovernment. 4. Match elements of traditional formal authority and formal authority is the ordinary writing, signature and the official governing authority by a competent public official, according to the conditions established legal, and there is no difference here in the form of writing, signature and the process of receiving notary bond. 5. Conditions apply to traditional writing to write the formal authority of electronic mail 6. Identical to the terms of the electronic signature with the signing of the normal increase, but a condition that the documentation. 7. Electronic signature documented more accurate and safe and difficult to forgery and protect himself and protect the authority and demonstrates the site more satisfaction the signing of the ordinary. 8. Many lawmakers gave the editor of electronic authentic full of proof and gave him power equal to the force of law, such as traditional editor of the French and Tunisian legislation and the legislature UAE and some lawmakers gave the editor of the electronic force less than a conventional editor such as the Jordanian law and a bill exchanges and electronic commerce in Palestine.
- Itemإدارة المخاطر بين البنوك الإسلامية والتقليدية في ضوء معايير بازل الدولية للرقابة على المصارف العاملة في فلسطين(Al-Quds University, 2020-08-19) أسيد عبد الرحيم محمد عيسه; Osaid Abd Al-Raheem AyasaThis study aims to analyze and compare the size and extent of risk management practices for Islamic and conventional banks by defining and managing risks, indicating their types and controlling activities, and to understand how to calculate the risk-based capital adequacy ratio, and to ensure that banks apply Basel Standards in Palestine. To answer the question, How can Basel Standards be applied to Islamic banks in Palestine? The study also aims to identify the measurement techniques and risk mitigation tools used by Islamic and conventional banks operating in Palestine. And assess the impact of risk management, and analysis of liquidity risk on the risk management practices of Islamic and conventional banks in Palestine. The study used the quantitative research approach in collecting and analyzing data through two sources of primary and secondary data as tools of the study. Secondary data is collected through the annual reports of Islamic and conventional banks for a period of six years from 2013 to 2019 and a content analysis is performed using frequency analysis and recording the unlikely indicator. As for the initial data, through a tight questionnaire from specialists, and its application to employees, risk managers, and customer relations coordinators at Islamic and conventional banks. The study sample represented employees working in traditional banks (Arab Bank, Bank of Palestine, Alquds Bank, Bank of Jordan, and The National Bank; and Islamic Banks (Palestinian Islamic Bank, Arab Islamic Bank), as the number reached 150 respondents. Primary data was collected using the questionnaire attached in the appendix, and completed questionnaires were analyzed using Statistical Packages for Social Sciences (SPSS), regression analysis and the Mann-Whitney U test. The study found that Islamic banks differ significantly from their traditional counterparts in risk identification, risk management practices, liquidity risk analysis and risk management. Moreover, the variables (risk identification, risk assessment and analysis, credit risk analysis) are the most influential in the risk management practices of banks. Also, credit, liquidity, market and operational risks are the most important risks that conventional and Islamic banks face.
- Itemالتنظيم القانوني للعفو العام في التشريع الفلسطيني(Al-Quds University, 2020-08-29) باسل موسى عبد الله الشلالدة; Basel mousa Abdallah AL-shalaldehThe criminal rule aims to protect the interests that the legislator considers worthy of protection. The provisions of criminalization and punishment aim mainly to defend society and ensure its stability through the imposition of criminal penalties that achieve both public deterrence and the private deterrence of crime. On the other hand, on the other hand, and in sharp contrast, the legislator sometimes decides to drop the crime by issuing a law to forgive the perpetrator and forfeit any criminal responsibility for what he has committed. Perhaps this is due to the state's attempt to achieve social calm, bypassing grim economic conditions, or bypassing the political turmoil that ravaged the country during a harsh era that society tries to contend with a new political era. Although the Palestinian legislator recognized that the general amnesty constitutes a reason for the termination of the public lawsuit, it has neglected to adequately regulate the provisions relating to the general amnesty and its effects. For example, the legislator did not decide on the types of crimes that could be covered by a general amnesty, as well as the effect of issuing a general amnesty on the personal rights of others. Not to mention the ambiguity of the general amnesty regarding its impact on both the adjudication of ancillary and complementary punishment and the precautionary measure. Therefore, this study attempts to answer the main problem represented by the following: What are the legal interventions that the legislative regulator can undertake to remove the ambiguity that hangs over the provisions of the general amnesty? In order to achieve this, the study relies on both the descriptive method, the analytical method with its two parts (inductive and deductive), and the comparative method as scientific tools that contribute to formulating reliable results and acceptable and applicable recommendations. This study devotes the first chapter to understanding general provisions of a general amnesty, including a careful definition of concepts and a study of the philosophy on which the amnesty system was built and the most important characteristics that distinguish this system. As for the second chapter, most of its content revolves around researching the most important effects of a general amnesty, whether that is in relation to the criminal case or the penalty. The study concludes with several findings and recommendations, the most important of which is the need to amend the provisions of the Palestinian penal legislation to remove the ambiguity in the texts governing the amnesty. This study also suggests to decision-makers that a general amnesty law should be issued to drop some criminal incidents or judicial rulings in a way that strengthens the protective shield of the Palestinian nation to confront these exceptional circumstances represented in the growing conspiracies waged by the brutal Israeli occupation on the ground and the spread of the deadly global epidemic known as "Covid-19" in the occupied Palestinian territories.
- Itemبُنية الفلسفة الإسلامية وموقف عبد الرحمن بدوي منها(Al-Quds University, 2019-11-27) رهام محمد عزالدين سنقرط; Riham Muhammad Ezzeddin SinokrotPerhaps it is difficult to find a culture that did not know the philosophical question in one way or another, and for this reason it became popular among those interested in saying: facing philosophy and standing up to it can only be on a philosophical ground, and Islamic culture is not a heresy between cultures, as the major philosophical questions were asked with the beginning of Islam And his presentation of a cosmic vision that answers the major theoretical questions that insist on the human mind regardless of its religious background, then Muslims in their cultural history soon moved from the stage of philosophizing without naming to philosophizing with naming, with their entry into the era of translation and getting acquainted with the extraneous sciences, and from then on. The debate continues about philosophy from many sides, starting from the question about the definition of philosophy to the latest questions that make philosophy a science and a focus of discussion and teaching. Among the intense discussions that revolve around philosophy are the discussion of the identity and cultural affiliation of philosophy. Thinkers in the twentieth century began to debate the Arabism or Islamism of philosophy. Associate philosophers and their philosophical approaches differed as well as they differed in their view and evaluation of Islamic philosophy. An authentic philosophy, stemming from the spirit of Islamic civilization, or an imitation of other philosophies, on top of which is Greek philosophy, Among contemporary philosophers, Abd al-Rahman Badawi, we review the most important aspects of thought in the Islamic heritage, especially Islamic philosophy, and how his position on Islamic civilization and philosophy was. It is nothing but a pseudo-speech science, or let's say a hybrid philosophy, and then how did his viewpoint about Islamic philosophy change.
- Itemمعيار المصلحة العامة لنزع الملكية في التشريع الفلسطيني(Al-Quds University, 2022-08-11) دعاء محمد بدوي التميمي; Doaa Mohammed Badawi “Al-Daour Tamimiتناول هذا البحث إجراء يتسم بالخصوصية الشديد، وهو نزع الملكية الخاصة من أجل تحقيق المنفعة العامة، حيث تعد الملكية الخاصة مصونة في كافة التشريعات الوضعية، فلا يجوز نزعها إلا للمنفعة العامة، ويكون بمقابل عادل، وشروط معينة. ولقد سلطت الباحثة الضوء من خلال هذه الدراسة على إجراء نزع الملكية الخاصة للمنفعة العامة وما قد يترتب على ذلك من آثار، وطرق الطعن في قرار نزع الملكية الخاصة، وتطرق البحث إلى آليات تقدير قيمة التعويض. وبينت الباحثة القوانين سارية المفعول داخل دولة فلسطين التي تنظم إجراء نزع الملكية الخاصة للمنفعة العامة، وهي أربعة قوانين وهي قانون تنظيم المدن لسنة 1936م وتعديلاته، وقانون الاستملاك لسنة 1943 م وتعديلاته، ويتم تطبيقهما في قطاع غزة، وقانون تنظيم المدن لسنة 1966م، وقانون الاستملاك لسنة 1953م وهما ساريان المفعول في الضفة الغربية، وتم تسليط الضوء في هذا الباحث لأحكام قوانين الاستملاك المطبقة في قطاع غزة والضفة الغربية، حيث تبين وجود اختلافات فيما بينها، كما منح المشرع الجهة الإدارية الحق في النزع دون تعويض ضمن حدود 25% إلى 30%، إضافة إلى أن التعويض عن النزع رغم أنه تعويض عادل إلا أنه ليس كامل. وزكر البحث على اقتراح حلول للإشكاليات المتعلقة بقوانين نزع الملكية، في محاولة للحث على سن تشريعات حديثة تعالج القصور في القوانين الحالية، لاسيما ما يتعلق بالنزع دون تعويض مناسب، والذي يثير شبهة عدم الدستورية. وفي النهاية توصلت الباحثة إلى عدة نتائج، كان أبرزها: جواز نزع الملكية الخاصة شريطة أن يكون الهدف تحقيق المصلحة العامة، نظير تعويض عادل، كما أن قرار نزع الملكية الخاصة لتحقيق منفعة عامة يصدر بناء على قرار من مجلس الوزراء، كما أوجب القانون ضرورة تصديق رئيس الدولة على هذا القرار، باستثناء نزع الملكية الخاصة لتوسعة الطرق، وإنشاء المدارس والحدائق والساحات العامة، وقرار نزع الملكية الخاصة لتحقيق منفعة عامة هو قرار إداري وليس قضائي، لذا يتعين توافر كافة عناصر وأركان القرار الإداري فيه. وحرصت الباحثة على اقتراح عدد من التوصيات كان أهمها: ضرورة صياغة قانون موحد لتنظيم أحكام نزع الملكية الخاصة بهدف تحقيق منفعة عامة يطبق في كافة أنحاء دولة فلسطين، وإلغاء النص القاضي بحق جهة الإدارة الاستيلاء على 30% من مساحة الأرض المملوكة ملكية خاصة للأفراد دون تعويض، بغية توسعة الطرق، أو إنشاء حدائق عامة، أو مداري، لمخالفته للشريعة الإسلامية، وما يمثله من اجحاف في حقوق الملاك This research dealt with a very special procedure, which is the expropriation of private property in order to achieve the public benefit, as private property is protected in all man-made legislations, and it may not be expropriated except for the public benefit, and it is in return for a fair and certain conditions. The researcher has shed light through this study on the procedure of expropriation of private property for the public benefit and the possible consequences, and methods of appealing the decision of expropriation of private property, and the research touched on the mechanisms of estimating the value of compensation. The researcher showed the laws in force within the State of Palestine that regulate the procedure of expropriation of private property for the public benefit, and they are four laws, namely the Town Planning Law of 1936 AD and its amendments, the Expropriation Law of 1943 AD and its amendments, and they are applied in the Gaza Strip, the Town Planning Law of 1966, and the Expropriation Law of the year 1953 AD, and they are valid in the West Bank, and the provisions of the expropriation laws applied in the Gaza Strip and the West Bank were highlighted in this researcher, where it was found that there are differences between them. The legislator also granted the administrative authority the right to expropriate without compensation within the limits of 25% to 30%, in addition to the fact that compensation for expropriation, although it is a fair compensation, it is not complete. The research mentioned proposing solutions to problems related to expropriation laws, in an attempt to urge the enactment of modern legislation that addresses the shortcomings in current laws, especially with regard to expropriation without appropriate compensation, which raises the suspicion of unconstitutionality. In the end, the researcher reached several results, the most prominent of which were: the permissibility of expropriation of private property provided that the goal is to achieve the public interest, in exchange for fair compensation, and the decision to expropriate private property to achieve a public benefit is issued based on a decision of the Council of Ministers, and the law requires the ratification of the President The state is bound by this decision, with the exception of expropriating private property to expand roads, and establish schools, parks and public squares. The decision to expropriate private property for public benefit is an administrative decision, not a judicial one, so all the elements and elements of the administrative decision must be present in it. The researcher was keen to propose a number of recommendations, the most important of which were: the need to formulate a unified law to regulate the provisions of private expropriation in order to achieve a public benefit that is applied throughout the State of Palestine, and to abolish the text that stipulates the right of the administration to seize 30% of the land area privately owned by individuals without compensation, With a view to widening the roads, or establishing public parks, or an orbital area, due to its violation of Islamic law, and the unfairness it represents in the rights of owners
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