
PhD thesis discussion
Student Youssef Al-Mater passed the defense of his doctoral thesis in comparative jurisprudence and the principles of jurisprudence for his thesis entitled "The difference in adapting Islamic bank products between Sharia decisions and laws in the State of Kuwait: An applied jurisprudence study on Islamic banks in the State of Kuwait compared to judicial rulings"
The student Youssef Al-Mater passed the discussion of his doctoral thesis in comparative jurisprudence and the principles of jurisprudence at the College of Sharia and Islamic Studies for his thesis entitled "The difference in adapting Islamic banking products between Sharia decisions and laws in the State of Kuwait: An applied jurisprudence study on Islamic banks in the State of Kuwait compared to judicial rulings" under the supervision of Prof. Dr. Mubarak Al-Harbi and Dr. Ahmed Al-Rashoud, and the examining committee consisted of: Prof. Adel Al-Mutairat (Chairman) and Prof. Sayed Mohammed Al-Tabtabaei (discussant) and Dr. Anwar Abdeslam (discussant).
The research aimed to study the difference in the adaptation of the products of emerging Islamic banks between the Sharia decisions issued by the Sharia boards in Islamic banks, and the laws related to them in the State of Kuwait, and the judicial rulings issued by the Kuwaiti courts, and the consequent practical results affecting the Islamic banking business in the State of Kuwait, through a preface that talks about the history of Islamic banking in the world in general, and in Kuwait in particular, and then the difficulties faced by Islamic banks in their work since their inception to this day. This and then a statement of the general features of Islamic banking in the State of Kuwait through the laws to which it is subject.
After that, the research deals with the comparison between Sharia jurisprudence and legal jurisprudence in dealing with emerging Islamic financial products in terms of the reference adopted in both jurisprudence, the approach used in adapting them, the reasons that led to the difference between the two jurisprudence in dealing with emerging Islamic financial products, the practical consequences of that, and the proposed solutions to resolve this difference.
The researcher communicated with the most important Sharia boards in Islamic banks in the State of Kuwait as a field work that achieves the descriptive, analytical and inductive approach to the research, with access to several realistic issues that occurred in the Kuwaiti courts related to the subject of the research, and the researcher found the need to address the laws related to Islamic banks in the State of Kuwait, and the importance of reconsidering the judicial treatment of emerging Islamic contracts, then the researcher concluded the research with his
findings in the subject of the research, with recommendations for students of science and specialists.