Alijtihed Journal on Legal and Economic Studies
ISSN: 2335-1039; e-ISSN: 2437-0754 Alijtihed for legal and economic studies review is an international journal, double blind peer-reviewed, bi-annual and free of charge, open access journal published by the Faculty of law and political sciences, University of Tamanrasset – Algeria; the journal focuses on the following topics: it focuses on the following topics: law and economics. it provides an academic platform for professionals and researchers to contribute innovative work in the field. The journal carries original and full-length articles that reflect the latest research and developments in practical aspects. The journal is published in both and print versions. The online version is free access and downloadable. All papers around the world are very welcome in our international journal. Manuscripts can be sent at any time for the two issues ( January and June) Alijtihed for legal and economic studies journal articles are indexed in doaj , the largest abstract and citation database of peer-reviewed literature. The journal offers readers free access
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The entrepreneur and the intrapreneurial culture A theoretical model
The objective of this article is to propose, from a review of theoretical arguments, an original conceptual model of the relationship between the entrepreneur and the intrapreneurial culture in the context of small and medium-sized enterprises (SMEs). It emerges from this contribution that the establishment and development of the intrapreneurial culture by the entrepreneur is based on his choice to remain an entrepreneur, through the actualization of his entrepreneurial motivations, by belonging to the category of CAP entrepreneurs, and by maintaining good, open, flexible relationships with his employees that encourage intrapreneurial practices and acts.
Entrepreneur, Intrapreneurial Culture, small and medium-sized enterprises (SMEs), Autonomy, risk taking, innovation, teamwork
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The Coup d' etat's Effect on the Lawful President according to Islamic Jurisprudence and Secular Law; A Comparative Study
The study aimed at investigating the effect of the coup d'etat on the presidency according to the Islamic and secular Laws. The study used the comparative methodology to reach the targets in question. To gather the required data, a review of literature was administered. The study came to the conclusions that: first, the Islamic Law ordains that the coup d'etat on the lawful presidency is not permissible. In case of its occurrence, it has no effect on the lawful president if it is possible to him free. But, if it not possible to do so and the conspirators have appointed a president, his term is to be ended and a new candidate for presidency ought to be nominated. If the conspirators have not appointed a president, the captivated president is still in office and the vice president is entitled to do his jobs until he is released; second, the secular dictates that the coup d'etat has no effect on the lawful president whether he is in capture or not; third, the viewpoint of the Islamic Law excels the secular legislation since it is not acceptable to cling the fate of the nation to the fate of the captivated president. In the light of these findings, it is recommended to reconsider the constitutional acts relating the reasons that end the presidency term to go line in line with what the Islamic Law decides to put into practice the text of the Second Act of the 2014 Egyptian Constitution that stipulates that Islam is the main source of legislation.
coup d' etat, lawful president, Islam, secular law
Modern electronic payment methods and their importance in promoting financial inclusion in Algerian banks
Our goal through this research paper is to identify electronic payment methods and present the stages of their development in Algerian banks and to highlight their role in supporting and raising the levels of financial inclusion at its level, by standing on its reality and the most important requirements for its promotion, and we concluded that the level of financial inclusion is low for Algerian banks compared to With their counterparts from the countries of the Middle East and North Africa and the world as a whole, therefore, the Algerian financial and monetary authorities took the initiative to put in place effective strategies and mechanisms to achieve financial inclusion in their financial and banking institutions.
Electronic payment methods, financial inclusion, modern technology, financial culture
Integration between Islamic social finance and financial inclusion in the light of the purposes of Islamic law
The integration between Islamic social finance and financial inclusion represents the most accurate form of the development of the contemporary Islamic economy, and it works to achieve the two objectives of building the earth, the prosperity and development of money, reducing poverty and unemployment, achieving economic empowerment and sustainable development, self-sufficiency and achieving prosperity and economic well-being. The importance of this integration is due to: achieving the meaning of slavery in its integrated sense, achieving the objectives of the royal states, achieving social empowerment, which is a path to political empowerment, and contributing to the promotion of Islamic banking activity.. Among the means that support it: providing infrastructure, enacting regulatory and supervisory laws, and spreading financial culture. Banking awareness in society, providing services based on the use of digital financial technologies, and seeking the assistance of social experts to know the needs of each environment.
Islamic social finance, financial inclusion, integration, financial transactions, the purposes of Sharia
The impact of marketing innovation on the enterprise's acquisition of a competitive advantage (case study of the business agencies of ouargla, Hassi Messaoud, touggourt.)
The aim of the study was to learn about the impact of marketing innovation on the competitiveness of the corporate agencies of ouargla, Hassi Messaoud, touggourt, as well as the level of marketing innovation and competitive advantage. In order to achieve the objectives of the study, a resolution was designed that included: (36) A paragraph distributed to a random sample estimated at (82) workers of the business agencies in question. The study found that marketing innovation was high among the business agencies in question, as well as competitive advantage was also high, and there was a positive impact of marketing innovation on competitive advantage; In addition, the marketing innovation elements of 4P contribute to the enterprise gaining a competitive advantage in a near-equal proportion.
marketing innovation; Dimensions of marketing innovation; competitive advantage; Dimensions of competitive advantage; The commercial agencies of the Algiers Communications Corporation
The Chinese Commercial and Investment Projects in Algeria: What are the developmental effects in supporting and diversifying the national economy?
This study focuses on the Chinese commercial and investment projects in Algeria. It shows the reality of trade and investment cooperation between China and Algeria, the areas and mechanisms of trade and investment cooperation between them, especially in the context of the Economic Belt Initiative for the twenty-first century, as well as the importance of diversifying the areas of investment outside the Hydrocarbons sector. These investment needs to be bolstered, especially from the Chinese side, which has historical economic, strategic and even political ties with Algeria to the extent that makes it an imperative for Algeria to benefit from these Chinese investments and work hard to diversify them in order to support its development course and diversify its national economy.
Algeria; China; Development; Investment; Cooperation
Evaluation the Microfinance industry performance in the Arab region in light of international indicators
This paper aims to evaluate the Microfinance industry performance in the Arab region in light of international indicators. It focuses on studying some important indicators related to the performance and structure of microfinance institutions in the Arab region, especially by studying of the loans collections efficiency indicators, as well as the profitability indicators and financial sustainability in the microfinance institutions, with analysing of the efficiency and productivity levels of microfinance institutions in the Arab region during the last period compared to the international indicators for the microfinance industry. Through the results of research, The Microfinance in Arab regions is smaller market than in other regions. Despite of the low of operational efficiency and high lending costs, the MFIs in the Arab regions continues to show acceptable performance ratios.
Microfinance; Performance ratios; Efficiency and productivity
The financial lease contract between the financial accounting system and the Algerian tax legislation - a contract between Bisco Fruit and Société Générale Bank of Algeria as a "model"
This study aimed to present the accounting and tax treatment of the financial lease contract for both the lessor and the lessee, to extract the most important points of compatibility or difference in the treatment of the financial lease contract between the financial accounting system and the Algerian tax legislation. The reached conclusion is that the basis of the accounting treatment of the financial lease contract is the principle of the precedence of the economic reality over the legal form of the contract, while we find that the Algerian tax legislation depends mainly on the treatment of the financial lease on the legal form of the contract without taking the economic reality into account , which made the difference between Accounting and tax treatment of the financial lease contract in Algeria.
finance lease contract ; operating lease contract ; lessee ; lessor ; financial accounting system; Algerian tax legislation
Language and Identity in Algeria: Multiplicity and Conflict or Unity and Integration
This paper attempts to shed light on one of the most current national issues, a basic problem, which is the issue of identity and its relationship to the original culture, ethnic dynasty, and belonging to the Arabic-speaking Islamic nation. It tries to discuss the relationship and role of the Arabic language and the Islamic religion in the unity of national identity and its integration or its conflict and plurality, and the relationship of basic generalities and fundamental constants to cultural alternatives and local and regional sub-specificities, where we want to address this sensitive issue that of the Arabic language in its relationship to the Islamic religion, identity, educational policy, cultural invasion, globalization and the linguistic map of Algeria, as well as the cultural dialogue taking place in the arena, and its impact on the social and political unity of society in general. It is one of the topics on which opinions differed and viewpoints varied.
The Legal Term between Stability and Transformation: The Problem of Term Formulation Accuracy
The study aims to shed light on the conditions of the formulation of the scientific term in general and the legal term in particular based on the linguistic field as a linguistic text formulated in the context of a holistic discourse, and which is also part of a communicative context that aims to reveal the characteristics of the legal term on the one hand, and to indicate the means of cohesion between the signifier "the term" and the signified " the concerned" on the other; the results of the study found that the legal term has known a shift between the ebb of stability and the flow of transformation, because sometimes the requirements of the formulation of the term aren’t respected. In addition, this is due to the fact that there’s a great reliance on literal translation, which, usually, isn’t accurate or the use of language borrowing methods.
language, characteristics, legal term, legal text
Security globalization, its dimensions and its relationship to national security
Many thinkers agree that we are currently living in the era of globalization, and that it is a stage beyond legitimacy, and a stage of reconsidering the concepts surrounding the national state. Calling it the era of globalization, in which the issue of security in its various dimensions - economic, political, social, psychological, moral and intellectual - occupied the forefront. Among the most comprehensive forms of security and the most prominent of these is the issue of national security, a concept that emerged in recent decades, after it was established in the United States, then European countries after World War II, and then spread to the rest of the world.
Globalization, security, its dimensions, its relationship, national security
Indicators of psychological trauma in a sexually harassed child through the drawing of a person test "Clinical study of six cases in the states of Ghardaia and Tizi Ouzou"
This research aims at recognizing the symptoms of psychological shock in children who have endured sexual abuse. It has collected data following the clinical approach. The study has applied the person-drawing test. Six cases: Three male, and three female have been chosen as a sample. They have been chosen specifically by the Open Environment institution in the state of Ghardaia and the specialized clinic in the state of Tizi-Ouzzo. The age of these children ranges from 8 to 10 years old. The results have shown that the symptoms of psychological shock in children suffering from sexual abuse in both Ghardaia and Tizzi-Ouzzo are as follows: Drawing the Genital organs when drawing a person Drawing features of Nymphomania symbolism Applying Heavy pen pressure signifying hypersensitivity, self-dissatisfaction, and guilt Drawing relatively big genital organs while drawing a person
psychological trauma indicators, sexual harassment, person drawing test, child
Triple memorization of the presentation through Surat Al-Nur - an objective study
This study aims to highlight the aspects of memorizing the presentation through Surat Al-Nur and studying it objectively. Its importance lies in the fact that all heavenly laws, sound minds, and normal instincts state that preserving and maintaining honor is a necessity of human civilization, and its violation is sedition on earth and great corruption. The noble surah dealt with this noble purpose a comprehensive divine treatment from three sides: the individual, then the family, then the community, and included each side with jurisprudence provisions, legal controls, and high etiquette, and included it with physical and spiritual treatment, as it surrounded it with an impenetrable fence; Let us conclude that Surat Al-Nur has developed an integrated system for preserving symptoms, and that it can only be achieved by working with these three combined, and that any defect or deficiency in some of them leads to factors of internal disintegration and moral collapse that destroys families and nations.
Surat Al-Nur, Honoring honor, Chastity, Family, Society
Analysis of the level of organizational trust among secondary education teachers A field study in the municipality of Ruwaisat in the Wilayat of Ouargla
This study aimed to identify the level of organizational trust among secondary education teachers in the municipality of Rouissat, ouargla, and to find out whether there are statistically significant differences in the level of organizational trust according to personal variables (gender, age, years of service), and the sample consisted of (100) Professor and teacher of secondary education, and this study took no more than three months to complete, and the researcher used the descriptive method. The organizational confidence scale was also adopted, which was adopted by researchers Ahmed Abdullah Al-Rashed and Kayed Salama in their study (2015), which contains (30) items, distributed over three dimensions: trust in the boss, trust in colleagues, and trust in management. The organizational confidence of the sample members came to a low degree, and the results showed that there were no statistically significant differences among individuals between the average responses of the sample members due to the gender variable, as well as the absence and presence of statistically significant differences among the members of the sample according to the variable years of service and age..
Analysis of the Level of Organizational Commitment among the Employees of the Algerian Water Company in Ghardaia
This paper aims to identify the level of organizational commitment and its dimensions among employees of the Algerian Water Company in Ghardaïa. It endavours to spot light on the differences in the level of organizational commitment to employees, according to gender and age. To doing so, this research applies the scale of Mayer, Alan and Smith to a sample of 91 employees. The study concludes that the organizational commitment and its dimensions are medium, and that there are no differences in the level of organizational commitment related to gender and age variables.
Organizational Commitment; Affective Commitment; Continuous Commitment; Normative Commitment
Human relations in the organization and the role of groups in it
Most modern organizations are interested in studying work groups due to the importance of their role in the performance of work within the organization. Studying work groups and identifying their patterns of behavior and peculiarities is one of the necessities of modern organizations in order to maintain good work performance and maintain the behavior of individuals on an ongoing basis. Constant, where the behavior of individuals differs from their behavior as members of the work group, and therefore before starting to study the group, we must know most of the patterns of behavior and its impact on the performance of individuals working within the organization.
Human relations, organization, groups, formal and informal groups
Importance of electronic payment during Corona virus
Electronic payment methods are one of the most important modern means, as their activation at the period of corona virus; to pave the way for banks to increase the use of electronic banking services. Also, to build an economic system, develop electronic banks and contribute to its prosperity. Algeria was affected by the pandemic, its negative and positive repercussion. So, it activated electronic commerce as its highest levels, as well as, electronic banks and payment to facilitate the financial transactions and give safety instead of resorting to carrying cash to avoid infection.
Electronic payment; modern means; electronic transactions; corona virus; electronic banking services
E-trade applications (E-Tourism Contract Study model)
E-tourism is one of the most important applications of e-commerce, and this is reflected in e-tourism contracts, concluded between the tourism agency and the tourist, through the exchange of information and tourism services via the Internet. Tourism contracts result in a combination of legal obligations for the tourist and tourism agency, as well as the civilian responsibility of the tourist agency in the event of a breach of its contractual obligations, as they represent the strongest party in this contract.
Electronic tourism contract, e-tourism, e-commerce, tourist, e-consumer, tourism agency responsibility
Protection of the electronic consumer under the right to information and the right to refrain from contracting
E-commerce has attracted a wide range of Internet users, so its speed and efficiency pushed the traditional consumer to transform into an electronic consumer who depends on the electronic contract and electronic media. Given that the contract is carried out remotely, this consumer is faced with various risks that justify extending protection to him. Perhaps the most prominent mechanism to protect it, given the environment in which the transaction takes place, is its right to information or insight, which is through specifying the personality of the provider and describing the product or service subject of the contract and requiring that it be informed in the national language.An increase in the consumer's right to renounce the contract.
The contract, the trade, the right to recourse, the information
The economical compression as a main of liberty of commerce
The écompression is considerate as one of the most factors in the national and international ferrounding for eliminated the big societies who wants to exclude the efforts of the smallest one .And this is because of the big difference between them even if their humain ; materiel or technology capacities. Thuf the majority of the world while Algeria to make a balance between them permet the possibility of the union of the smallest societies to from a big economic power able to make a competition but with strict rules which the texts juridics have drawn to avoid the disorder in the markets because of the monopoly which can engendered for this unity or cognize as the economical compression.
economical compression; The small projects; Liberty of commerce; The law of competition; The groupement of the societies
Legal provisions for the practice of liquidation work in joint stock companies
This study aims to know the legal system for the liquidation of joint stock companies under the Algerian commercial legislation by defining the concept of the liquidator by clarifying the authority concerned with his appointment and dismissal and the most important powers granted by the legislator to him in the company. It is to him with highlighting his responsibilities, and the necessity of dropping the terms of the debts so that the liquidator, within the period for which he was appointed and represented in three years, can accrue the company’s funds, pay the debts of creditors, do the division and complete the tasks assigned to him.
Liquidation; Joint Stock Company; liquidator; tasks
The crime of expropriation the wife, s properties
The augmentation of women labor and the economic and social problems experienced by society led some husbands to seize their wives’ properties, by various means, which pushed the criminal legislator to intervene and put an end to this type of violence against the wife, by stipulating the crime of expropriating the wife’s money. This is what prompted us to study this crime in this research, which aims to demonstrate the seriousness of this crime to the family and society, and to identify its elements and means of suppressing it. Through this study, we reached a set of results, the most important of them are the following: -The causes of this crime can be due to inherited traditions and ideas, misunderstanding the provisions of Islamic Sharia related to the duty of obedience and ruling of men, and the social and economic problems that society suffers from, we also concluded that the punishment prescribed for it is simple and does not achieve restraint and deterrence. Moreover the solutions of the criminal law alone are not sufficient to combat this crime. Rather, efforts must be made to spread religious and moral awareness, and to constantly raise awareness of women's legitimate and legal rights.
crime, marriage, appropriation, punishment, elements, repression.
Mechanisms and methods of proving parentage in the light of scientific studies and legal legislation in Algeria
The issue of descent is one of the important topics because it is related to society and precisely to the family. Proving descent is also considered to be based on the general rules of Sharia and the law has special methods of proof, but with the change that has occurred in the scientific field, especially in medicine and biology, the Algerian legislator has kept pace with these developments, which is what was done. Through the amendment of the Family Law 2005, in Article 40, Paragraph 02, the study comes to answer the problems posed regarding the scientific methods of proving parentage, whether definitive or presumptive, the extent of its authority and legality, and the judge’s authority towards it. himself or at the request of one of the spouses who appear before him, and delaying the curse until it is ascertained whether the child is legal or not. The adoption of this technique remains to achieve the purpose of the Shari’a in preserving lineages from loss and plays an important role in consolidating and strengthening the child’s bedding base.
Proving parentage, family law, modern methods, their authenticity, their significance
House Furniture in Algerian legislation and the requirements of proof in its disputes
After their marriage, the spouses seek to provide all what would extend peace and tranquility in their life, and they strive to provide the requirements of psychological comfort and a decent living for them and their children as a family where affection and mercy prevail, instead of looking for that with what they buy and provide from within the marital home, with the effort and money they have .But marital life may not succeed or continue, which leads to the dissolution of that marital bond and each party requesting his share of the furniture and household goods through the judiciary in accordance with Article 73 of the Family Code. In this study, we will stand on the provisions of the property ownership and to whom it devolves, the limits of the judge’s work in verifying them, and the extent of his application of the requirements of the text of Article 73 of the Family Law, and we will shed light on custom and the extent to which the community invokes it as a control of the parties’ commitment and as a basic determinant of the formation of the judge’s conviction in his judgment, in addition to taking into account not violating the provisions of Islamic law
baggage; the usual ; dispute between spouses; common; custom
the virtual divorce A comparative study between Islamic jurisprudence and Algerian legislation
Employing modern communication techniques in family cases is very necessary, especially in light of the dangerous epidemiological conditions - the Corona pandemic - which sometimes do not allow the parties to the conflict to appear before the competent judicial authorities, so it calls for special preventive measures, and in some cases it is necessary to resort to: "virtual divorce" when one or both spouses are unable to attend, and it should be set as an exceptional procedure; To prevent tampering with the sacred marital infallibility. And "virtual divorce" finds its support in Islamic jurisprudence, while Algerian legislation did not provide for this case; Except what is measured against what is stated in the jurisprudence on customary divorce between spouses, and there is no objection preventing the Algerian legislator from codifying in this regard; The fact that the judiciary looks to virtual courts, which gives flexibility for judicial work in exceptional circumstances. And when the husband pronounces his wife divorce through the means used in divorce in the virtual environment, it affects the waiting period, and then it must be counted as a religion, so as not to miss the rights related to it, such as return, alimony, housing, lineage, and the separation of disputes by jurisprudence.
family, divorce, virtual divorce, waiting period
The effect of the conversion to Islam of the wife without her husband on the marriage certificate
This research deals with the issue of the conversion to Islam of women without their husbands, the effect of this conversion on the marriage certificate, and what results from it as judgments. This research exposes the divergence of scholars on the subject, between those who immediately annul the act, those who annul it at the end of the waiting period (Iddah) and those who consider the act valid until the conversion of the husband. In addition, the research presents and discusses the legal evidence of each doctrine to finally issue the opinion retained as being the most probable in the matter.
Conversion to Islam of women, Marriage certificate, The effect, Waiting period (Iddah)
Children's rights in education during the first quarter of the third millennium,The gap between organized legislations and achieved results
The rights of the child are the soul from the body of human rights, and that the right to education must be accessible to all and without any discrimination, so that all children are able to go to school, and benefit from the same opportunities to build their future, so it doubled At the end of the second millennium and the beginning of the third millennium especially : the interest of international organizations concerned with childhood in the world, in working to embody this fundamental right - on the ground - after it was theoretically enshrined in legislative texts included in the various international conventions related to the rights of the child; Including the Convention on the Rights of the Child (adopted by United Nations General Assembly Resolution No. 44/25 of November 20, 1989). But between the idealism of legal texts and the realism of applied procedures, and between the organized legislations and the achieved results, there is a gap between the two sides. There is also an annual monitoring of the extent of the implementation of the right to education for all, during the first quarter of the twenty-first century: it confirms that there are many children around the world at the present time that is still deprived of the right to education.
The child, child’s rights, child’s rights in education, the third millennium, the organized legislations, the achieved results
Legal protection for people with special needs in international conventions and Algerian legislation
There is no doubt that God’s blessings upon us are many and innumerable, and among the most important of these blessings in this world is the blessing of health and the safety of the body from all evil, but a person may be afflicted with deficiency or deformity in his body that hinders him from performing his tasks in this life in an easy and smooth manner like the rest of his peers. Therefore, every normal person should praise God for this physical well-being, and respect everyone whom God has afflicted with a deficiency in his body, because he may be in the place of that person one day, and there is no doubt that there are laws that protect this category of people with special needs, Whether at the international or internal level, the matter is not enough, and therefore it falls on the shoulders of states in particular and the international system in general, through charters, to enact laws that guarantee adequate protection for this category, and guarantee them a decent life.
Disability, people with special needs, legal protection
Analytical study of the procedures and foundations for concluding agreements to delegate the public facility A study in the light of Presidential Decree 15-247 related to the regulation of deals and delegation of the public facility and Executive Decree 1
Despite the successes achieved by the model of an interventionstate led by the state for the project of socialand economic development the global crisisof the seventies years characterized by the depressionand ressoure look led to a retreatof this model and its limitations hence the need for the role of the state in the economiy and reducing this role appeared to benefit the propertiies of thisperception year to a new management model
the mandateis the the public facilityof the intervening state
The Political System in Northern Nigeria: Achievements and Challenges from Islamic Perspective
This research aims at analyzing the political system in northern Nigeria in order to compare its system before and after the colonialism, and choose the one which is better for the development of northern Nigeria, the rights and dignity of its citizens and values, through addressing their achievements and challenges. The descriptive supported with the analytical methodology have been applied in carrying out the research. Finally, the researchers have found out that the political system in northern Nigeria had gone through two periods: the pre-colonial and post-colonial periods. Several positive achievements had been recorded during that period including: the reviving of Islam and providing security in the communities of northern Nigeria. On the other hand, the democratic system has not left great achievements for the historians to pass because of its inconsistency with the values ​​and customs of the people of northern Nigeria. Finally, the researchers underscore that the political system implemented before the colonization in northern Nigeria was the best system worthy for implementation in this region, due to its consistency with the values ​​of the people of the region.
Political system, Northern Nigeria, Colonialism, achievements, challenges, Islamic perspective