Dissertations / Theses on the topic 'Constitutional (Islamic law)'
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Mustapha, Nadira. "Muhammad Hamidullah and Islamic constitutional law." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33916.
Full textThis thesis attempts to study five books in the field of Islamic constitutional law by Dr. Muhammad Hamidullah in order to provide a sample to judge and analyze his scholarship. Against the background of Hamidullah's historical and political context coupled with his high level of religiosity, the thesis will examine his utilization of the scientific approach throughout his writings. This thesis furthermore looks at the potential reasons he chose the path of study that he did, dedicating his entire life to the literary sphere and to a lesser degree the political sphere. It focuses on Hamidullah's thought and methodology as they emerged from his social and political background and as he expressed them in his literary achievements. This thesis, therefore, sets out to develop a critical analysis of Hamidullah's works, his philosophical perspective, and his contribution to contemporary scholarship.
Hamidullah has contributed to Islamic scholarship by making available Islamic literature to mixed audiences since he follows the scientific approach, writes in a variety of languages, and covers a wide range of unique topics. Indeed Dr. Muhammad Hamidullah is a well-esteemed scholar of formidable status and prestige in numerous fields of Islamic history.
Aba-Namay, Rashed M. "The constitution of Saudi Arabia : evolution, reform and future prospects." Thesis, Aberystwyth University, 1992. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.244173.
Full textMohammadi, Mohammad. "Legitimacy of power in the constitution of the Islamic Republic of Iran." Thesis, University of Bradford, 1998. http://hdl.handle.net/10454/4345.
Full textGhodoosi, Farshad. "Iran and the Constitutionalism: History and Evolution and the Impact on International Relations." FIU Digital Commons, 2018. https://digitalcommons.fiu.edu/etd/3720.
Full textNarain, Vrinda. "Anxiety and amnesia : Muslim women's equality in postcolonial India." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102240.
Full textIn this context, the notion of citizenship becomes a focus of any exploration of the legal status of Muslim women. I explore the idea of citizenship as a space of subaltern secularism that opens up the possibility for Indian women of all faiths, to reclaim a selfhood, free from essentialist definitions of gender interests and prescripted identities. I evaluate the realm of constitutional law as a counter-hegemonic discourse that can challenge existing power structures. Finally, I argue for the need to acknowledge the hybridity of culture and the modernity of tradition, to emphasise the integration of the colonial past with the postcolonial present. Such an understanding is critical to the feminist emancipatory project as it reveals the manner in which oppositional categories of public/private, true Muslim woman/feminist, Muslim/Other, Western/Indian, and modern/traditional, have been used to deny women equal rights.
Abduroaf, Muneer. "The Impact of South African Law on the Islamic Law of Succession." University of the Western Cape, 2018. http://hdl.handle.net/11394/6211.
Full textSouth African Muslims constitute a religious minority group that is subject to dual legal systems. In the public sphere they are bound by South African law whereas in the private sphere are duty bound in terms of their religion to follow Islamic law. Muslims are required, in terms of their religion, to ensure that their estates devolve in terms of the Islamic law of succession. A son inherits double the share of a daughter in terms of the Islamic law of intestate succession. This unequal distribution of shares has led to a premise that the Islamic law of intestate succession discriminates against females. The South African Constitution strongly promotes the right to equality and non-discrimination. There is therefore a serious need to investigate the fairness of the Islamic law of intestate succession within the context of South African law. This is in the interest of a religious minority group who have been in South Africa since 1654.
Abusabeib, Hassan Ali Hassan. "Reconciliation of Islamic law with constitutionalism : public freedoms in the 1998 Sudanese Constitution." Thesis, University of Westminster, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.433851.
Full textMoinian, Mohammad. "L'évolution du ministère public en droit iranien." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32021.
Full textThe Islamic Revolution of 1979 broke up the constitutional monarchy then disbanded the public prosecution institution to make an attempt to solve the chronic issues encountered by the judicial system since the beginning of the century. The institutional system was entirely overhauled, in the interest of the new system and in the purpose to establish a new model integrating the historical link between religion and institutions with a political kind of Islam. The revolutionaries, barely prepared, lacking of experience and knowledge, noticed the failure of the new judicial politics. The public prosecution was essential to the fulfillment of the regalian functions, including the maintenance of public order and domestic security, along with the functioning of justice. This institution, existing under varied shapes since antiquity and modernized in the beginning of the century with the constitutional Revolution, has been restored in 2002
Elliesie, Hatem, Peter Scholz, Beate Backe, and Kai Kreutzberger. "Zeitschrift für Recht & Islam." Gesellschaft für Arabisches und Islamisches Recht e.V, 2016. https://ul.qucosa.de/id/qucosa%3A23375.
Full textElliesie, Hatem, Peter Scholz, Beate Backe, and Kai Kreutzberger. "Zeitschrift für Recht und Islam (ZR&I)." Gesellschaft für Arabisches und Islamisches Recht e.V, 2017. https://ul.qucosa.de/id/qucosa%3A15664.
Full textElliesie, Hatem, Peter Scholz, Beate Anam, and Kai Kreutzberger. "Zeitschrift für Recht & Islam: ZR&I." Gesellschaft für Islamisches und Arabisches Recht e.V, 2018. https://ul.qucosa.de/id/qucosa%3A36328.
Full textScholz, Peter, Hatem Elliesie, Beate Anam, and Kai Kreutzberger. "Zeitschrift für Recht & Islam: ZR&I." Gesellschaft für Arabisches und Islamisches Recht e.V. (GAIR), 2017. https://ul.qucosa.de/id/qucosa%3A33661.
Full textMallat, Chibli Wajdi. "The renaissance of Islamic law : constitution, economics and banking in the works of Muhammad Baqer As-Sadr." Thesis, SOAS, University of London, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285421.
Full textMoolla, Mohammed. "The imperative to implement Muslim personal law in South Africa." University of Western Cape, 2021. http://hdl.handle.net/11394/8358.
Full textIt has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how this causes serious problems for Muslim women who suffer grave injustices upo n divorce due to the non recognition and non regulati on of Muslim marriages It highlights t he State refus al to enact legislation despite the dicta and obiter comments from the courts spanning more than two decad es enjoining the state to effect legislation to achieve this purpose. South African law is still fundamentally lacking in the recognition of the rights of parties to marriages contracted only in terms of M PL . For couples married in accordance with civil law, marriages and divorces are dealt with under the relevant statutes, namely the Marriage Act 25 of 1961, t he Civil Union Act 17 of 2006 and the Divorce Act 70 of 1979. No provision has been made in statu tor y law for MP L . Previously the courts have held that this was due to the potentially polygyn ous nature of Muslim marriages. Muslim m arriages are inadequately regulated resulting in serious hardships to Muslim women and children. This thesis furthermore inve stigate s the need to recognize MPL .
Elliesie, Hatem, Alexander Gramsch, and Peter Scholz. "GAIR-Mitteilungen." Gesellschaft für Arabisches und Islamisches Recht, 2009. https://ul.qucosa.de/id/qucosa%3A11115.
Full textElliesie, MLE Hatem, Peter Scholz, and Alexander Gramsch. "GAIR-Mitteilungen." Gesellschaft für Arabisches und Islamisches Recht e.V, 2010. https://ul.qucosa.de/id/qucosa%3A11225.
Full textElliesie, Hatem, Peter Scholz, and Beate Backe. "GAIR-Mitteilungen." Gesellschaft für Arabisches und Islamisches Recht e.V. (GAIR), 2014. https://ul.qucosa.de/id/qucosa%3A12954.
Full textElliesie, Hatem, Peter Scholz, and Alexander Gramsch. "GAIR-Mitteilungen." Gesellschaft für Arabisches und Islamisches Recht, 2010. https://ul.qucosa.de/id/qucosa%3A11116.
Full textElliesie, Hatem, Peter Scholz, and Alexander Gramsch. "GAIR-Mitteilungen." Gesellschaft für Arabisches und Islamisches Recht, 2009. https://ul.qucosa.de/id/qucosa%3A11224.
Full textElliesie, Hatem, Peter Scholz, and Alexander Gramsch. "GAIR-Mitteilungen." Gesellschaft für arabisches und islamisches Recht e.V, 2011. https://ul.qucosa.de/id/qucosa%3A11284.
Full textElliesie, Hatem, and Peter Scholz. "GAIR-Mitteilungen." Gesellschaft für Arabisches und Islamisches Recht, 2012. https://ul.qucosa.de/id/qucosa%3A11657.
Full textElliesie, Hatem, Peter Scholz, and Beate Backe. "GAIR-Mitteilungen." Gesellschaft für Arabisches und Islamisches Recht e.V. (GAIR), 2013. https://ul.qucosa.de/id/qucosa%3A12189.
Full textScholz, Peter, Hatem Elliesie, and Beate Backe. "GAIR-Mitteilungen." Gesellschaft für Arabisches und Islamisches Recht e.V. (GAIR), 2015. https://ul.qucosa.de/id/qucosa%3A13687.
Full textYared, Carla. "La construction du constitutionnalisme tunisien : étude de droit comparé." Thesis, Bordeaux, 2021. http://www.theses.fr/2021BORD0028.
Full textShared between the universal and the national, the Constitution of 27 January 2014 is the last expression of Tunisian constitutionalism. Inscribed in the Arab-Muslim era, this constitutionalism questions the impact of Islam on the traditional components of constitutionalism. Studying the fate and rise of constitutionalism in Tunisia, the comparatist seeks to know how Tunisia adapts its constitutional identity with the foundations of constitutionalism. In apprehending the Tunisian constitutional reality, the comparatist points out the tension between global constitutional standards and identitarian and national specificietes. Nevertheless, the Tunisian singularity appears in contrast with similar Arab and Muslim experiences such as Egypt and Morocco
Osman, Fatima. "Freedom of Religion and the headscarf: a perspective from international and comparative constitutional Law." Master's thesis, Faculty of Law, 2013. http://hdl.handle.net/11427/32997.
Full textEl, Gadhafi Hamida. "La protection constitutionnelle des droits de l'Homme dans le monde arabe : étude comparée (Maroc, Algérie, Tunisie, Égypte)." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100048.
Full textThe constitutional protection of human rights in the Arab world is based on a complex process of democratization that has accelerated after the Arab Spring of 2011. The emergence of human rights is a strong political project in all the countries that are the subject of our study (Tunisia, Egypt, Algeria, Morocco) and shows us that the democratic concept, in its universalist sense, is not incompatible with Islam. The constitutionalization of human rights remains a major contribution of the constitutionalist movements that have made the constitution a supreme norm of the rule of law. Despite the instrumentalization of constitutions by Arab leaders and the misuse of the state of emergency, we are witnessing the growing role of the constitutional judge in the protection of fundamental freedoms (constitutional control) under the watchful eye of civil society and international community
Hashemi, S. Ahmad. "The question of freedom within the horizon of the Iranian Constitutional Movement (1906-1921)." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:74388230-d9c6-4c17-850b-bdbceaa0848b.
Full textAlkhezaimy, Ahmed Ali. "The rule of law debate in the Arab countries : the case of the UAE constitution beyond the polarity of either modernity or Islam." Thesis, Birkbeck (University of London), 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.498229.
Full textSaidi, Azbeg Hynd. "Processus de démocratisation et monarchie constitutionnelle au Maroc." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0352/document.
Full textThe political freedom in Morocco has become possible due to some factors that can be either internal or external. However, this latter cannot be disassociated from the willing of the monarchy to engage the country in a process of democratization to reinforce the rule of law.Being aware of the imperative democratization of the constitutional monarchy, Morocco seems to afford more priority to democratic principles. If Morocco has long been in the darkness of an absolute autoritarism, the different reforms engaged in these last decades have, at least, improved the quality of the local regime. However, certain resistance let us think more about the process of democracy, knowing that this latter is confronted to a disfunctioning of the system and mainly to the defects of the past. In this case, some challenges are mandatory.The present thesis, then, tend to answer the question if the democratic construction of the moroccan regime is possible in front of a political system which is based on the supremacy of the monarchy and on tradition.This problematic will be dealt with according to the mutation of the constitutional monarchy of the local regime. In addition to this, the present thesis estimates that Morocco is with no doughty in the right track of democracy even if still much effort is to be done. I t also considers that this process of democratization consists to conciliate the universality of democracy and the specificity of the democratic practice in Morocco
Hattab, Zoulikha. "Droits et libertés fondamentaux en droit musulman : le paradoxe de l'universalite." Thesis, Avignon, 2018. http://www.theses.fr/2018AVIG2064/document.
Full textIt is fundamental to study the compatibility of Islam and human rights in view of the horrors that are done in the name of Islam. We shall compare the universal vision and the islamic vision of human rights, keeping in mind that the paradox comes from the very universality of the fundamental rights and liberties. Thus, there should be only one unique conception of human rights. The second paradox is indeed the very universality of Islam, a religion that protects and oversees human life very strictly. Human rights are part of the universal vision of human rights but they converted into fundamental rights since they are enacted by a large majority of States in their Constitutions. The Arab-Muslim States also elevate fundamental liberties to constitutional status, without ever excluding Islam. It is hence interesting to understand how the Arab-Muslim States come to extract from Islam and its primary sources fundamental rights and liberties with all the difficulties and limits they have to face
Alessa, Amani S. "Polar opposites or possible bedfellows? : seeking to reconcile Islam and female equality in Kuwait : an evaluation of the feasibility, in terms of religious, cultural, legal, and constitutional considerations, of importation of legislation modelled on the equality measures applicable in the UK, including the Sex Discrimination Act 1976, into Kuwait law." Thesis, Durham University, 2007. http://etheses.dur.ac.uk/1837/.
Full textAhmed, Laoura. "La construction d'un système juridique : la confrontation de la coutume et de la loi à Mayotte." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA022/document.
Full textIn Mayotte, the private law governs the civil legal situation of Mahorais basing their marital life on the customs of the mahr, the repudiation, the polygamy and the family housing at the married woman. Its reform emphasizes on the realism in the modernization of the law governing the legal reports of the latter. It tends to focus its sources on a written legislation which respects the letter of the clauses of the civil code. It directs the report of the custom and the law on their competition and not their complementarity. It involves the superiority and the establishment of the exclusivity of the legislated written sources. It promotes an application without distinguishing the civil statutes of membership of Mahorais. It aligns the civil statute established by the customs on the civil statute defined by articles 75 and 34 of the current Constitution. It returns on the preservation of the common laws, making difficult, even impossible their exercise. It entails situations of lawlessness and unapprised by the law. The marriage of common law is moved closer to the cohabitation and not to the civil wedding. The matrimonial intention of Mahorais is not recognized by the law
Jivan, Usha Ashwin. "A gender equality perspective on the non-recognition of Muslim marriages." Diss., 1997. http://hdl.handle.net/10500/17014.
Full textPrivate Law
LL. M.
Hatem, Elliesie, Peter Scholz, Beate Anam, and Kai Kreutzberger. "Zeitschrift für Recht & Islam." 2020. https://ul.qucosa.de/id/qucosa%3A71706.
Full text"Zeitschrift für Recht und Islam (ZR&I)." Universitätsbibliothek Leipzig, 2017. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-225199.
Full textSalton, Herman. "Veiled threats? Islam, headscarves and religious freedom in America and France." 2007. http://hdl.handle.net/2292/2317.
Full text"GAIR-Mitteilungen." Universitätsbibliothek Leipzig, 2015. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-183892.
Full text"GAIR-Mitteilungen." Universitätsbibliothek Leipzig, 2011. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-64495.
Full text"GAIR-Mitteilungen." Universitätsbibliothek Leipzig, 2012. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-96728.
Full text"GAIR-Mitteilungen." Universitätsbibliothek Leipzig, 2013. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-125209.
Full text"GAIR-Mitteilungen." Universitätsbibliothek Leipzig, 2014. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-154766.
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