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- ItemCREDIT CARDS IN PALESTINIAN ISLAMIC BANKS FIGH APPLIED STUDIES(An-Najah National University, 2022-02-07) Hourani, DuaaThis thesis tries to answer one main question: what is the role of credit cards in Islamic banks? Multiple questions can be derived from the previous one such as: what are the types of credit cards that are found in Palestinian Islamic banks? And what are the most important related services? What is the needed amount of fees? How do shariah authorities essentialize credit cards? What are the legitimate constraints in this regard? And how is it assessed in the light of controls added by the shariah authority of monetary authority for credit cards? And in light of AAIOFI standards? And what are the similarities and differences among credit cards issued by Palestinian Islamic banks and credit cards issued by commercial banks in terms of types, fees, returns and services. The researcher followed an analytical descriptive inductive approach through gathering information from multiple scientific and factual sources, and presenting them, and trying analyzing and discussing them. A questionnaire was prepared to know the extent of use of bank credit cards in the Palestinian society and the degree of satisfaction among users. This study is distinct from other studies about credit cards as it focuses on credit cards that are issued by Palestinian Islamic banks with the aim of identifying it role, services, features, fees, assessment in terms of both Islamic law and service, and compares it with the role of credit cards issued by Palestinian usurious banks to identify shortcomings and distinctions. The study is divided into three chapters. The first chapter touches upon the definition of credit cards and the juridical shariah rule in regard. The second chapter considers the type of credit cards in Palestinian Islamic banks and its services and how it is essentialized by the shariah authority. However, the third chapter deals with analyzing and assessing credit cards in Palestinian Islamic banks. The researcher concluded some results, the most important of which are: Palestinian Islamic banks adhered to the standards of the shariah authority of the monetary authority and the AAUFI foundation, with regard to the fact that the fees on the card are a lump sum, not a percentage. However, some banks violated those standards in terms of making fees categories depending on categories of credit ceilings. There is also a violation of AAUFI's standards of transparency and disclosure. It is also unclear how the annual fees distributed in monthly installments were calculated in lending cards, and whether this is proportional to the actual cost or not. In practice, the bank's discounted commissions are also charged to the cardholder in clear violation of AAUFI standards. Credit cards issued by usurious banks are distinct from that issued by Islamic ones in terms of the huge number of clients and holders, the multitude of types, the diversity of it benefits and services, the range of it credit ceilings, and its high prevalence. However, Islamic banks are characterized by not taking any benefits on the cards. They only take the benefit of a 1% fee per month in the facilitation card, unlike commercial banks that take the benefit of a 2% fee per month on delayed payments and Payment by instalments. Among the reasons for the widespread proliferation of usurious bank cards are the diversity of their services and advantages, the presence of significant promotion, the abuse of employees in Islamic banks and their lack of difference between Islamic and commercial banks in relation to these cards.
- ItemTRANSITIONAL JUSTICE AND ITS IMPACT ON THE DRAFTING OF THE INTERIM CONSTITUTION IN PALESTINE(An-Najah National University, 2022-01-18) Abu Shams, SameerPalestinian division and the resulting deadly rivalry between factions led to the loss of many lives, undermined the Palestinian cause both nationally and internationally, and set the scene to further deterioration in the Palestinian circumstances. The current status quo dictates an end to the political rivalry between the factions in order to overcome the crisis afflicting Palestinian society, which, in turn, necessitates transitional justice to guide the way out of deterioration into such a state of affairs where it is possible to achieve progress and development, and to reinstate the status of the Palestinian cause, all while restoring democracy and tolerance between different factions of the Palestinian people. In order to rewrite the constitution in a way that prevents misinterpretation and underdetermination; It is necessary for all Palestinians to unite and end the internal division that swept the Palestinian political scene. This can be achieved by bringing ‘justice to’ all victims of internal division, and also bringing ‘to justice’ all the violators of human rights. In line with the former, a national dialogue needs to be initiated between all the components of the Palestinian society including but not limited to organizations, political parties, and civil society entities, in which, the mechanisms of transitional justice can be applied. Transitional justice is deployed as a potential tool to help overcome the hurdles on the path of unity and national reconciliation on the one hand, and to gain common grounds to formulate a constitution and basic laws that secure unanimity. The researcher looks to achieve this by reviewing different case studies of applying transitional justice, its development, different styles of constitutions, and the development stages of the constitution in any given state. The researcher concludes by proposing a mechanism for implementing transitional justice that befits the Palestinian people and their crisis, and reach an accord that results in a constitution suitable for the Palestinian case. The dissertation reviews international cases of transitional justice and holds comparisons between different cases and their applications according to the differing circumstances. The dissertation also addresses the processes implemented in proposing and developing laws and legislations to maintain public order and to pre-emptively eliminate the seeds of future conflict. One of the areas addressed in the dissertation is the behavioral conduct of the Palestinian legislator and whether and how such behavior could impact on the level of impartiality, all while considering external factors as well as internal conflicts. Several laws are analyzed to account for their context, content, and the objective to be achieved by implementing them while highlighting the potential ulterior motives. The dissertation also uncovers the long-lasting ramifications of so many laws that impacted on the political and legal landscape; such laws especially the irreversible ones, since reversing the law will cost more than addressing their ramifications. The researcher formulates a proposition that the population affected by the impartial laws and legal underdetermination, will champion transitional justice as a means of addressing the negative status quo. The dissertation makes recommendations to lead the way out of the legal limbo and into a temporary constitution that is precise, concise and capable of addressing all points of conflict and proposing solutions. Hence, the researcher’s assertion that the legal and legislative underdetermination negatively impacted on the outcome of different factions’ disparate interpretation of named laws and as a result were used to justify mutual hostilities.
- ItemCIVIL LIABILITY FOR HARMFUL ELECTRONIC PRESS PUBLICATION: AN ANALYTICAL STUDY(An-Najah National University, 2022-02-14) Affoori, TasneemThis study is summarized in revealing the concept of electronic journalism, defining it and then distinguishing it from the traditional printed press, studying the provisions of the journalist’s civil liability for harmful electronic publishing, ensuing his obligations and rights, the compensations he must provide in case of a breach, the basis of these compensations and how it is estimated. This study will be discussed in two chapters. In the first chapter, I will address the nature of electronic journalism and journalistic work and the nature of the harmful electronic act, hence, I define the journalist and electronic journalism from the law point of view, then, addressing the harmful electronic act and the place of its occurrence and verification, clarifying its multiple forms and the differentiation between the occurrence of damage in the virtual world and its occurrence in the electronic world. The second chapter was devoted to talk about the pillars of the journalist’s civil responsibility and the effects of the journalist’s breach of his obligations by studying the cases in which the journalist is within the scope of contractual responsibility and the cases in which his actions fall under the penalty of tort liability, followed by the effects of breaching the journalist’s obligations which I dealt with through the study of compensation in most of its aspects, starting by clarifying its concept and its basis with the availability of fault and damage and the causal relationship between them, and then, the basis for estimating compensation and evaluating it in order to commensurate with the damage as the damage is estimated according to its extent, finally, I moved at the end of this study to the response and correction that they fall on the false and misleading news that the journalist publishes which in turn causes harm to others, and the extent of the responsibility that falls on the journalist in case of refraining from correction, respect for public morals, publication ban and censorship imposed on journalistic work.
- ItemTHE EFFECT OF THE DIVERSITY IN RELIGION ON THE DONATIONS IN ISLAMIC JURISPRUDENCE(An-Najah National University, 2022-02-03) Arqoub, YasserThis research aims to answer a main question relating with the jurisprudential impact of difference in religion on donations and its rules in Islamic jurisprudence, between Muslim and non-Muslim, and between non-Muslims themselves, in eight donations: the dead will, the charity of Waqf, the organs donation, the gift contract, the power of attorney contract, the deposit contract, the borrowing contract, and the loan contract. The research followed a descriptive and analytic approach represented in gathering Islam jurists views in the matter and their foundations, with analysis, discussion, criticism, and weighting. The research is characterized as a specialized study in an important matter in the Islamic jurisprudence of financial transactions, in particular donations, keeps track of the impact of differences in religion in its rules and provisions, as well as the contemporary dimensions of the subject. The search was divided into eight chapters dealt with jurisprudential impact of difference in religion on the eight aforementioned donations. The research arrived at different findings, the most outstanding are: It is permissible to make a financial will between Muslim and non-Muslim, furthermore it is obligatory to do that in some cases of marital and blood relationships. It is permissible to make an organs donation between Muslim and non-Muslim. It is permissible to make the charity of Waqf from the non-Muslims, even if it is forbidden in his religion. It is not forbidden in the religious feasts of the non-Muslim to exchange gifts among Muslims and non-Muslims, especially if there is a farewell of a marital relationship, or close to, or kinship, or neighborhood, or friendship, or public interest, as a Muslim governor Communicates with the non-Muslims citizens. It is also permissible to exchange deposits, borrowings, and loans between Muslims and non-Muslims. With the exception of the apostate from any of these financial donations for him, without preventing him from making such donations for others.
- ItemThe Effectiveness of Digital Storytelling as one of Public Relations Tools in Palestinian Non-profit Organizations: A Pilot Study on the Palestinian Organization "Taghyeer"(An-Najah National University, 2021-12-31) Mabrouk, AnwarThis study aims to identify the effectiveness of the digital storytelling tool as one of the Contemporary Public Relations tools in Non-Profit Palestinian organizations. It also aims to figure out the usage of this tool in Taghyeer and Palestinian organization. For achieving the goals of the study, the researcher used the Descriptive Qualitative Approach. She used the focus groups and In-depth interviews tools. The focus groups included both control group and experimental groups to figure out the effectiveness of the digital storytelling tool as one of the Contemporary Public Relations tools. The study was also based on the theory of uses and gratifications and two way communication model to answer the questions of the study and reach the results to answer the main research question. The study concluded that the Palestinian non-profit organization, Taghyeer, adopts a clear approach in using the digital storytelling tool, as it studies the needs of the audience and uses the appropriate tool, in addition to carrying out the evaluation process.. It was also found that the employees in Tagyeer have a good knowledge about the use of digital storytelling tool. The study also found that there are some challenges facing the organization. One of the challenges is finding skillful employees who have knowledge in the digital storytelling tool as it is a new tool, in addition to the community's lack of acceptance for some stories that are published or not accepting their stories to be shared and, the high costs of using this tool is considered as a challenge. Regarding the audience and the effectiveness of the digital storytelling tool during the study, it was found that the digital storytelling tool contributed in convincing the audience in the organization’s work, and it formed a clear and positive image about the organization in the respondents’ minds, in addition to the respondents’ interaction with the videos of the stories and sharing them. Depending on the theory used in the study, which is the theory of uses and gratifications, which is based on the fact that the audience is an active recipient and s/he is the one who controls the media content, institutions should pay attention to what satisfies the needs of the audience and fulfills their desires. Hence, it was shown that the digital storytelling tool achieves the desires and satisfies the cognitive and social needs of the audience in a funny and entertaining way and that affects their minds and behaviors towards the institution. The study comes out to some recommendations, the most important are: • To work on training a larger number of employees on the skill of using the digital storytelling tool according to systematic plans • To diversify the persuasion techniques used by the institutions. • To transform the skill of using the digital storytelling tool in other institutions due to its importance and necessity. • To pay attention to the quality and duration of videos. • To conduct specialized research and studies on the digital storytelling tool and its role in the institutions.