Criminal Law

Permanent URI for this collection


Recent Submissions

Now showing 1 - 5 of 40
  • Item
    (An-Najah National University, 2022-04-06) Esteiti, Mohammad
    This study deals with the topic of custody and the arguments contained in it formally and objectively, and the related applications in the records of cases contained in Jenin Shariah Court from the year of 2010 to the year of 2020 in particular. The study aims to indicate the nature of custody cases and clarify the proceedings before the Shariah courts, and to introduce the arguments and indicate their types and show the way of dealing with the formal and objective arguments that may respond to the custody trial, Finally, the study had drawn a set of conclusions, the most important of which were: 1- The topic of arguments of legitimate claims has not been studied sufficiently by the students of Sharia sciences and its staff. 2- Custody begins from the time of birth of the male or female child until they are mature. The Hanafi school estimate that the period of custody of a boy is until he is seven or nine years old, while the custody period of a girl has two cases for them. The first is that her custody period end in the age of menstruating, and the second is that it ends when she reaches the age of lust which they say it’s the age of nine. 3- The Hanafi school defined custody as "raising the child by the person entitled to foster care." 4- The books of Hanafi jurisprudence did not include an explicit provision for custody, but they said that the mother is not forced to custody. If she refuses to get custody or something happened and prevented her from getting the custody as if she wants to marry a foreigner, the custody goes to the father or the next one entitled to take custody. 5- The books of Fiqh did not contain a clear direct definition of arguments, but they made the linguistic definition indicative of it, and understood it as the response to the plaintiff's claim.
  • Item
    (An-Najah National University, 2022-03-22) Kahla, Rasha
    This study aims to identify the role of social responsibility programs in improving the reputation of insurance companies and enhancing brand loyalty (Trust International Insurance companies as a model). Also, it aims to identify the impact of study variables such as gender, educational qualification, nature of work, and place of residence on improving the reputation of insurance companies and enhancing brand loyalty . In order to achieve the goal of the study, the researcher has developed a questionnaire consisting of (45) items divided into three areas, then distributed it to a sample of (167) clients of Trust International Insurance companies who were selected by the stratified random method, and after they were compiled. They were coded and entered into the computer and processed statistically using a program Statistical package for social sciences (spss) and its validity and reliability were measured. The results of the study indicate a significant response degree in the total score and in the two fields of study on the role of social responsibility programs in improving the reputation of insurance companies and enhancing brand loyalty in Trust International Insurance companies. Furthermore, there is a presence of large percentages of the extent of the knowledge of Trust International Insurance Company clients in the company’s social responsibility programs. In fact, there are no statistically significant differences at the level of significance (α ≥ 0.05) between the response averages. The members of the study sample started towards the role of social responsibility programs in improving the reputation of insurance companies and enhancing brand loyalty in Trust International Insurance companies due to the variables (gender, educational qualification, nature of work, and place of residence.). In light of the results of the study, the researcher suggested a set of recommendations including the need to raise the level of knowledge of Trust International Insurance Company's clients in the company's social responsibility programs. In addition to conducting more studies on this topic.
  • Item
    (An-Najah National University, 2022-04-19) Sabbh, Hadeel
    This study sheds light on the role of transitional justice mechanisms in redressing the victims of enforced disappearance in Syria, by understanding what are the obligations of the Syrian state under this crime, in addition to the role that transitional justice mechanisms will contribute to if they are applied within the framework of redressing victims Enforced Disappearance. The role of its mechanisms in redressing the victims of enforced disappearance in light of the current political, social and international realities. The importance of this study lies in that it reinforces the idea of applying the transitional justice approach in Syria, benefiting from the experiences of Latin American countries that have gone through similar experiences of human rights violations, especially the crime of enforced disappearance during the civil war period at the end of the last century, as these experiences proved the importance of applying mechanisms Transitional justice in redress for victims of enforced disappearance. The researcher divided this study into two chapters that discuss in the first chapter the development of the crime of enforced disappearance by reviewing the historical and legal context of it, as well as the obligations imposed on the Syrian state according to it. Enforced disappearance, in addition to the importance and challenges of implementing the transitional justice approach, and the role of its judicial and non-judicial mechanisms in redressing the victims of enforced disappearance in Syria. The study concluded with a set of results and recommendations, the most important of which were: Considering the application of criminal accountability in Syria as an essential component for the implementation of the transitional justice approach, and this was confirmed by court decisions issued by German courts based on the principle of universal jurisdiction, and the fact that the current conflict did not end does not mean the necessity of Postponing the search for appropriate transitional justice mechanisms for implementation, but this point should be considered as a challenge to the negotiating parties, pushing them and motivating them to think deeply about what are the appropriate mechanisms to apply them in the Syrian conflict. And the international community's recommendation to provide various forms of support to these organizations.
  • Item
    (An-Najah National University, 2022-05-08) Kmal, Mohammad
    This study is seeking for linguistic thought projections to Abu Zakaria Yahya ibn Ziad, in the book "Al-Tafseer Al-Kabeer, Aw, Mfateh Al-Ghayb" for Imam al-Fakhr al-Razi, and the study, including no doubt, Al-Razi relied a lot on the linguistic thought of Al-Far’a, whether it was syntactic, morphologic or semantic. And the study expressed, with evidence, that Al-Razi had a sharp-minded, which rarely has no match to anyone else. Al Razi has weighted more than an important issue, alone, the sayings of Al-Fura and the Kofeyeen on the Sebawyeh and Basryeen sayings. He depended on that basically on the fully context, therefore Its mainstay is the complete context. Thus, Al-Razi will be among the first who proceeded in the interpretation of what is called linguistics. ‘towards the context’ Relationship of the word to the whole context towards the sentence. Word relationship with sentence only. Al-Razi’s reliance on refuting linguistic issues, weakening them, accepting them, and giving them preference was based on three principles: Rational reasoning, the total verbal context, and the audible one from the Arabs. Hence, it was no wonder to be taken by a great scientist like Al-Fura, Therefore, he singled out many issues, and went against what the public had agreed upon more than once. and by comparing the issues of its refutation of the words of the Fura, with the issues of its acceptance and its weighting; It was noticed that, in general, he was inclined to the words of the Fura all the way.
  • Item
    (An-Najah National University, 2022-03-21) Ghanem, Azhar
    Background: software engineering requirements are translation of the product needs or features requested by customers and stakeholders. Due to the evolution of technologies, these requests are always changing. These requirements should be managed carefully, in order to help the customers and organization achieving their goals. Agile-Scrum has been introduced as project management methodology that focuses on the customers first and team communications rather than requirements documentation. Objectives: scrum methodology is all about delivering requests (i.e., backlog items) faster to customers and accepting changes to these requests, yet less reliable estimation of resources (e.g., time, money, manpower, etc.) exists. Backlog items depend on a lot of uncertainties inherited in the backlog management process using the scrum. Therefore, a need to reduce the changes in the backlogs is a must, by developing a new prioritization model. Methodology: unstructured interviews were conducted with five product owners from two local organizations implementing the scrum to identify the factors that affect the process and lead to backlog changes. A prioritization model was developed to help software engineering organizations manage their backlog items effectively, and to minimize the losses due to continuous backlog changes Results: results showed that the priority changes are the most dominant parameter that affects backlog changes. Unlike previous models in the literature, interdependencies between items, number of action words in the item description, and assigned developer features were found to significantly affect the priority ranking. In effect, the developed model serves as an effective tool to assign priorities during the agile-scrum planning phase for product owners. Conclusion: we have validated our proposed model by having a case study in one organization that implements scrum and a benchmark project. The results pointed that change in time was reduces because of general prioritization methods used currently in the studied organization. In addition, our proposed model showed good impact on backlog prioritization in agile – scrum environment and help the product owners with their tasks related to backlog management.