Academic literature on the topic 'Islamic law, africa'
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Journal articles on the topic "Islamic law, africa"
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Abduroaf, Muneer. "Application of the Islamic Law of Succession in South Africa." Obiter 41, no. 2 (October 1, 2020): 396–409. http://dx.doi.org/10.17159/obiter.v41i2.9159.
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Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African parliament that gives effect to Islamic law. South African Muslims can however make use of existing South African law provisions in order to apply certain Islamic laws within the South African context. This article looks at the practical application of the Islamic law of succession and administration of estates within the South African context by way of a fictitious scenario. It highlights some of the problem areas when a Muslim testator or testatrix bequeaths his or her estate in terms of Islamic law by means of a will (Islamic will).
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Issaka-Toure, Fulera, and Ousseina D. Alidou. "Introduction: Current Perspectives on Islamic Family Law in Africa." Islamic Africa 11, no. 2 (September 1, 2021): 153–62. http://dx.doi.org/10.1163/21540993-01101016.
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Abstract This special issue of Islamic Africa brings together new critical perspectives on the status of Islamic Family Law, commonly referred to as sharīʿa, within four African countries – Ghana, Kenya, Mozambique and Senegal – each reflecting distinctive gendered cultural, colonial and postcolonial realities. The introduction provides a general overview of the state of the art on Islamic family law in Africa and highlights the significant thematic focus of each contribution and the new areas for further inquiry that the volume opens. These topics and questions include among others: (a) the ways in which European colonialism and contemporary democratization processes have opened spaces for religious pluralism, thereby shaping the articulation of Muslim personal law within different African postcolonial state judicial systems; (b) how Islamic judicial practices, institutions, and authorities such as malamai and/or Kadhis engage themselves with the secular state and/or are constrained by both the state and by the legal pluralism encountered within both Muslim majority and minority African countries; (c) the gendered implications of the hierarchical relation between Kadhi Courts and a national High Court; (d) the benefits and/or shortcomings of harmonizing Islamic Family Law; (e) what is to be learnt from women choosing to settle marital disputes and divorce within and/or outside the “legal protective space” afforded by the state judicial system and its inclusion of Islamic Family Law; (f) the role of human agency in influencing the administration of Islamic family law and/or interpreting the law; how judicial systems that are shaped by European and Islamic patriarchal systems confronted by the resilience of indigenous matrilineal Customary Law within contemporary African societies; and (g) the compatibility between the various articulation of African Islamic family laws with universal human rights and individual freedom. Ultimately, this special issue of Islamic Africa offers an insightful reflection on how Islamic Family Law plays an important role in democratic constitution-making or testing processes.
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Gabru, N. "Dilemma of Muslim women regarding divorce in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (July 10, 2017): 43. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2849.
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On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous.In South Africa, marriages may be dissolved by the death of one of the spouses or by divorce. In terms of the Divorce Act, a decree of divorce will be granted by a court of law. Islam grants the husband the right of divorce and also grants the wife the right to request and apply to dissolve the marriage through what is known as Khula, the woman also has the right to a delegated divorce. If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the gifts he has given her. Islam further makes provision for the "reasonable maintenance" of divorced women. The non-recognition of Islamic marriages has the effect that a person married in terms of Shari'ah only, has no right to approach a court of law for a decree of divorce and, unless a husband divorces his wife in terms of the Shari'ah, the wife is trapped in a marriage, even if the marriage has broken down irretrievably. Thus a custom in South Africa has developed, whereby Muslim husbands refuse to divorce their wives in terms of Islamic law, so as to punish the wife. The wife in turn cannot make use of the South African judiciary to obtain a divorce, because of the non-recognition of her marriage. This is a burden, which is in direct conflict with Islamic law. In 2000 a Bill was drafted by the South African Law Commission. This act will recognise Islamic family law within a constitutional framework. This article deals with the dilemma that a Muslim woman is faced with in South Africa with regards to divorce.
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Muneer Abduroaf. "Comparing the Application of The Islamic Law of Succession and Administration of Estates in Singapore with South Africa." Obiter 41, no. 1 (April 1, 2020): 122–35. http://dx.doi.org/10.17159/obiter.v41i1.10553.
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This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator or testatrix states that his or her estate must be distributed in terms of the Islamic law of succession. This requires an Islamic law expert or an Islamic organisation to draft an Islamic distribution certificate stating who the beneficiaries of the person are. The distribution certificate is drafted after the testator or testatrix has died. An Islamic distribution certificate within the Singaporean context is specifically compared with one in the South African context. This article looks at whether features found in the Singaporean model can be applied to the South African context. An overview of the Muslim population in Singapore and South Africa is presented by way of introduction. This is followed by an examination of the constitutional and international obligations of the two countries in light of their equality provisions, and a comparative analysis of the Islamic law of succession and administration of estates in the two countries. The focus areas looked at are liability claims, testate succession claims and intestate succession claims. A brief analysis of the findings and concluding remarks are made at the end of the article.
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Essop, Fatima. "Do Islamic-law wills contravene the common-law prohibitions against delegation of testamentary powers and incorporation by reference?" South African Law Journal 140, no. 3 (2023): 579–610. http://dx.doi.org/10.47348/salj/v140/i3a7.
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Although the Constitution of the Republic of South Africa, 1996 provides for the enactment of legislation recognising various systems of personal and family law, no legislation has yet been enacted to recognise Muslim personal laws of marriage, divorce or inheritance. This has not precluded South African Muslims from implementing Muslim personal laws in their private lives, with the assistance of various Muslim ulama bodies. In the sphere of inheritance, Muslim testators ensure that their estates devolve according to the Islamic laws of inheritance by incorporating the Islamic laws of inheritance into their wills. They also delegate their testamentary powers to ulama bodies to determine their Islamic-law heirs. This article explores whether the incorporation by reference of Islamic inheritance law into Islamic wills contravenes the common-law prohibition against incorporation by reference. It also discusses whether delegating testamentary powers to ulama bodies potentially contravenes the commonlaw rule against delegating testamentary powers. Although these practices may contravene the common-law rules, they should be accommodated by developing the common law to uphold the constitutional rights to religious and testamentary freedom.
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Eltantawi, Sarah. "WOMEN, GENDER, AND ISLAM IN AFRICA AND BEYOND." Journal of Law and Religion 29, no. 1 (February 2014): 170–75. http://dx.doi.org/10.1017/jlr.2013.8.
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Scholars of Islamic law, gender, and Africa will be pleased with the arrival of two important new volumes that are bold in their bringing together of ethnographic data with legal history and analysis. Margot Badran's Gender and Islam in Africa: Rights, Sexuality, and Law, and Christina Jones-Pauly and Abir Dajanfi Tuqan's Women under Islam: Gender Justice and the Politics of Islamic Law collectively advance a movement in Islamic legal studies that focuses on interdisciplinary explorations into the ways particular constructions of Islamic law are foregrounded and reified in accordance with the existential impulses and demands of a particular society at a particular time, what we might call the “hermeneutic of experience.” I would argue that gender functions as the category that most regularly exposes the limitations of various historically situated concepts of orthodoxy, and these books bear out this claim.
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Abduroaf, Muneer. "A COMPARATIVE ANALYSIS BETWEEN THE CUSTOMARY AND ISLAMIC LAWS OF INTESTATE SUCCESSION WITH REGARD TO DISCRIMINATION: A SOUTH AFRICAN CONSTITUTIONAL LAW CASE STUDY." Jurnal Syariah 30, no. 2 (June 13, 2023): 152–74. http://dx.doi.org/10.22452/syariah.vol30no2.2.
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The law rule of male primogeniture (customary law of succession) was found to be unconstitutional in Bhe and Others v The Magistrate Khayelitsha and Others (Bhe) based on it unfairly discriminating against females. The Constitutional Court held that the rule of male primogeniture was inconsistent with the Constitution and invalid to the extent that it ‘excludes or hinders women … from inheriting property.’ Muslims have been living in South Africa for over 300 years. These persons are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African government that gives effect to the Islamic law of succession. A Muslim daughter could argue that the Islamic law of intestate succession per se discriminates against females, as a Muslim son would always inherit double the share of a Muslim daughter. This article compares the position of females in terms of the customary and Islamic laws of intestate succession. An overview of the South African law of intestate succession is provided by way of introduction. This is followed by examining certain South African intestate succession law court cases where discriminatory provisions were challenged. The 2:1 rule as found within the Islamic law of intestate succession per se is then investigated. The article then examines the constitutionality of the 2:1 rule as found within the Islamic law of intestate succession per se based on the same constitutional principles applied in the Bhe judgment where the constitutionality of the rule of male primogeniture was investigated. The article concludes with an analysis of the findings and a recommendation.
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Kholvadia, Faatima. "Islamic banking in South Africa – form over substance?" Meditari Accountancy Research 25, no. 1 (April 10, 2017): 65–81. http://dx.doi.org/10.1108/medar-02-2016-0030.
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Purpose The purpose of this study is to understand the economic substance of Islamic banking transactions in South Africa and to analyse whether the economic substance is closely related to the legal form. Additionally, this study highlights the similarities and differences in the execution of Islamic banking transactions across different South African banks. The transactions analysed are deposit products of qard and Mudarabah and financing products of Murabaha, Ijarah and diminishing Musharaka. Design/methodology/approach The study was conducted through interviews with representatives from each of the four South African banks that offers Islamic banking products. Interviews were semi-structured and allowed interviewees to voice their perspectives, increasing the validity of the interviews. Findings The study found that specific Shariah requirements of Islamic banking transactions are considered and included in the legal structure of the contracts by all four banks offering Islamic banking products. However, the economic reality of these transactions was often significantly different from its legal form and was found to, economically, replicate conventional banking transactions. The study also found that all four banks offer Islamic banking products under the same Shariah principles, but in some instances (e.g. diminishing Musharaka), execute these transactions in different ways. This study is the first of its kind in South Africa. Research limitations/implications While safeguards have been used to ensure the reliability and validity of the research, there remain a few inherent limitations which should be noted: interviewees, while chosen for their expertise and level of knowledge, may provide highly technical insight which may be difficult to interpret. Detailed technicalities were therefore excluded from this research. The regulatory environment of banks in South Africa, for example, regulation imposed by the Financial Service Board on all financial institutions in South Africa, has not been explored. However, the regulatory environment was brought to the readers’ attention to help illustrate certain themes. This research uses only Shariah requirements as detailed in Section 2.2 to analyse transactions. Fatwas (rulings) issued by the Shariah Boards of South African Islamic banks have not been included in this study and may be an area of future research. Originality/value This study is the first of its kind in South Africa. The study adds to the Islamic banking literature by analysing the real execution of Islamic banking transactions rather than the theoretical compliance with Shariah law.
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Tuba, Maphuti David. "Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (March 16, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1308.
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On 22 May 2015, the Supreme Court of Appeal (“SCA”) handed down a judgment in the matter of Lodhi 5 Properties Investments Cc v Firstrand Bank Limited [2015] 3 All SA 32 (SCA). This judgement considered whether the prohibition against the charging of interest on loan in terms of Islamic law (Shariah law) may be a defence for a claim for mora interest in term of a loan agreement. This note critically discusses the judgement in light of the approach adopted by the SCA with regard to addressing dispute arising from a contract that has Islamic law as a governing law. As this is the first case that came before the SCA in South Africa, this note critically analyses how this court discussed the applicable principles of Islamic law as applicable to the dispute between the parties. In particular, it questions the court’s assertion that a claim for mora interest has nothing to do with and is not affected by the Shariah law's prohibition against payment of interest on a loan debt. It also looks at the SCA’s approach (as a common law court) with regard to the enforcement of Islamic banking law principles. This judgement raises important issues regarding the enforceability of Islamic finance law and therefore merits discussion, in light of the continuing growth and expansion of Islamic banking and finance law in South Africa.
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Rosen, Lawrence. "Law and Custom in the Popular Legal Culture of North Africa." Islamic Law and Society 2, no. 2 (1995): 194–208. http://dx.doi.org/10.1163/1568519952599330.
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AbstractFocusing on a series of instances from the Islamic courts of North Africa, the present article argues that custom does not stand apart from the sacred law but is seen by its adherents as itself Islamic and hence indissolubly linked to Islamic law. Local practice and universalizing principles of the sharīʿa thus merge in popular conceptualizations. Legal officials also share in the recognition of custom as part of the shariʾa, thus contributing to the overall legitimacy of the sharīʿa and to its capacity to respond to changing circumstances.
Dissertations / Theses on the topic "Islamic law, africa"
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El, Obaid El Obaid Ahmed. "Human rights and cultural diversity in Islamic Africa." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34495.
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This thesis establishes a framework for analysing and evaluating human rights within the contexts of global, African-Islamic and Sudanese cultural diversity. The normative impact of culture on international human rights is viewed from the perspective that culture is adaptive and flexible. African-lslamic culture, as exemplified by the Sudan, is no exception.The first part of this thesis advances a theoretical framework for recognition of cultural diversity and its impact on human rights. Recognition of change as an integral part of culture is vital for a successful mobilisation of internal cultural norms to the support of international human rights. An important conclusion is that ruling elites and those engaged in human rights violations have no valid claim of cultural legitimacy.
The second part of the thesis examines the notion of human rights in traditional Africa and under Shari'a with a specific focus on conceptions of the individual, the nation-state and international law. It is argued that the African-Islamic context is an amalgam of both communitarianism and individualism; further, that the corrupt and oppressive nature of the nation-state in Islamic Africa demands an effective implementation of human rights as set out in the African Charter on Human and Peoples' Rights.
It is suggested in the third part of the thesis that three of the rights included in the African Charter are paramount to effective human rights protection in Islamic Africa: the right to self-determination, the right to freedom of expression and the right to participate in public life. These rights are examined within the Sudanese context in order to provide a more concrete illustration of their potential implementation. The dynamics of Sudanese culture are explored to exemplify a culturally responsive implementation of these rights.
This thesis contributes to the debate on the role of culture in enhancing the binding force of human rights and fundamental freedoms. It aims to inspire pragmatic discussion on the need for effective protection of human rights in order to alleviate the suffering of millions of Africans under existing ruthless and shameless regimes.
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Suleman, Yasser. "The legislative challenges of Islamic banks in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/21644.
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Thesis (MBA)--Stellenbosch University, 2011.The Islamic Banking industry has been one of the fastest growing industries worldwide with a compound annual growth rate of 28% between 2006 and 2009(Reuters, 2010). These growth rates were experienced amidst the worst economic meltdown the world has seen in decades. This is a clear indication that there is a high level of confidence in the industry. Although the industry has existed for centuries, the past few decades have brought about a revival in Islamic banking. Many Western countries are recognising the industry’s importance and have taken various steps in supporting the establishment of it. South Africa has also taken such steps and has a vision of becoming a hub for Islamic banking on the African continent. This mini thesis examines the differences in nature of the underlying principles of Islamic and conventional banking which then brings to the fore the various challenges that exist in the unhindered functioning of Islamic banks within Western countries. These challenges revolve around institutional and legal frameworks, regulatory and supervisory bodies, South African Reserve Bank requirements, interest, taxation and conceptual understandings. In order to provide recommendations to address these challenges, case studies of Islamic banking in both, Islamic and Western countries were conducted. These case studies provided insight into how countries have addressed similar challenges and to what degree were they successful. This provided the basis from which recommendations were made for Islamic banking to function efficiently and effectively in South Africa and for the country to achieve its goal of becoming a hub of Islamic banking on the African continent.
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Moosa, Ebrahim. "Application of Muslim personal & family law in South Africa : law, ideology and socio-political implications." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14344.
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Includes bibliography.What I have coined as 'politics' occur at two levels, namely at the level of the differing political perceptions of Muslims and at the level of how they interact with the modern-state. This study approaches the subject from two angles. The first deals with a community's self-perception in relation to its religious symbols and values. The second involves an understanding of the human reality we experience. Law, ideology, economics and a host of other forces dictate the destinies of people. It is against the backdrop of the above two levels that the implications of the implementation of MPL [Muslim Personal Law] is examined in this thesis. It must be said at the outset that MPL has as yet not been applied in South Africa. The debate regarding its implementation has only begun. This thesis thus looks into the dynamics of this experience. Some aspects of the debate is also based on projections and comparative studies.
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Moolla, Mohammed. "The imperative to implement Muslim personal law in South Africa." University of Western Cape, 2021. http://hdl.handle.net/11394/8358.
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Magister Legum - LLMIt 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 .
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Moosa, Najma. "A comparative study of the South African and Islamic law of succession and matrimonial property with especial attention to the implications for the Muslim woman." University of Western Cape, 1991. http://hdl.handle.net/11394/7497.
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Magister Legum - LLMAs a Muslim south African trained in South African Roman-Dutch law, I have been exposed to experiences/situations which indicate a conflict between the principles of South African Roman-Dutch law and Islamic law of succession. This has prompted me to do some research into the history of Islamic law, the spreading of Islamic law over large parts of the world and the question of the recognition and application of Islamic law in South Africa. The central theme of this study is the Islamic law of succession in so far as it affects women. Chapter One of my dissertation contains a brief historical background which outlines on the one hand, the nomadic society, women and succession in pre-Islamic Arabia and on the other, their improved position upon the advent of Islam {seventh century) . It ends with the historical background of Muslims in South Africa. Chapter Two is devoted to the marriage property background against which both the South African and Islamic law of succession operate. Thereafter, in Chapter Three, the South African law and Islamic law (substantive rules} of succession are compared. These include both intestate and testamentary succession, the latter being limited on the Islamic side. Chapter Four, with the backgrounds sketched in Chapters Two and Three, demonstrates the visible internal conflicts between the Islamic and South African law of marriage and succession as encountered in South African practice. After evaluating statistics and alternative solutions in this regard, and having arrived at certain conclusions, I propose that recommendations about the possible recognition and application of Muslim Personal Law in South Africa which is at present enjoying the attention of the South African Law Commission in Project 59 should see fruition and be implemented as it can only assist the society in closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society. which we live since it is a vital aspect affecting our daily lives {and deaths!). Chapter Five covers the whole aspect of the Muslim testator or testatrix' s limited "freedom" of testation and reforms by certain forerunner countries in this regard which on closer inspection are riddled with controversies. Chapter Six explores the treatment received by a Muslim widow, daughter and mother in terms of their respective fixed "intestate" shares and its implications for modern twentieth century society.
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Wolpe, Camille L. "State-building, Systemic Shocks and Family Law in the Middle East and North Africa." Digital Archive @ GSU, 2012. http://digitalarchive.gsu.edu/political_science_theses/50.
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Family law regulates the formation of marriage, divorce, marital property rights, child custody, inheritance, and spousal duties. This study aims to demonstrate how family law formation in the Middle East and North Africa reflects the struggle among social and political forces to capture the state and assert authority. The balance of power between competing social forces impacts both the timing (short-term versus long-term struggle) and type (progressive or regressive) of family law after independence. The ability of one of two competing forces, broadly categorized as traditionalist versus modernist, to capture the state is necessary for codification and is predictive of family law content. Case studies reveal that systemic shocks (e.g. revolution, social unrest, or foreign intervention) tip the balance of power in favor of traditional or modernizing forces in the post-independence state-building process and facilitate the successful consolidation of power and the codification of family law.
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Pittman, Alexandra. "Transforming Constraint: Transnational Feminist Movement Building in the Middle East and North Africa." Thesis, Boston College, 2009. http://hdl.handle.net/2345/2220.
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Thesis advisor: Ali BanuaziziThesis advisor: Sarah Babb
This dissertation focuses on the intersection of global and indigenous advocacy strategies in feminist women’s movements in the Middle East and North Africa (MENA). I explore strategies of resistance and innovation in three contexts: (1) Globally, I analyze a sample of MENA NGOs in a transnational women’s rights network, Women’s Learning Partnership (WLP) and their interactions in the international funding sphere; (2) Domestically, I examine a local Moroccan NGO’s strategy development process and their domestic and regional partnerships when organizing to reform the Moudawana (1999-2004); and (3) Regionally, I analyze inter-organizational collaboration and coalition building between three NGOs in the Campaign to Reform Arab Women’s Nationality (2001-2008). I locate the dissertation in a feminist activist framework and draw from diverse data sources, including years of fieldwork with WLP (2004-2008); participant observation and notes from five transnational women’s rights meetings (2005-2008); a content analysis of a sample of international funders’ and MENA feminist NGOs’ websites; and two in-depth case studies with data derived from historical analysis, three months of fieldwork in Morocco, interviews with Moroccan, Lebanese, and regional activists, and secondary document analysis. The findings provide deeper clarity into the strategic action of MENA feminist movements and the variety of social, political, and economic forces that shape their discourses and practices for achieving social change and gender equality. The findings contribute to the scholarly literature on transnational feminism and social movements and its intersection with the law
Thesis (PhD) — Boston College, 2009
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Sociology
Discipline: Psychology
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Norhashimah, Bt Mohammad Yasin. "Islamisation or Malaynisation? : a study on the role of Islamic law in the economic development of Malaysia : 1969-1993." Thesis, University of Warwick, 1994. http://wrap.warwick.ac.uk/36106/.
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The thesis examines the role of Islam and Shariah (Islamic law) in the economic development of Malaysia and it rejects the assumption that Islam and Shariah inhibit economic development. In contemporary Malaysia, there are two 'policies' adopted by the Government. Firstly, 'Islamisation' which is for the advancement of Islamic law and institution building. Secondly, 'Malaynisation' which promotes the socio-economic development of the Malay ethnic group. The study adopts a holistic approach which covers the political economy of law in Malaysia. The thesis explores the relationship between the two policies considering in particular whether they are essentially the same. The study covers the pre-colonial, colonial and post-colonial periods although the focus is on the post-1969 period which involved the application of the New Economic Policy (NEP). The NEP was a pro-Malay Policy to rectif,' the economic imbalance of the Malays vis-à-vis other communities. Therefore, the focus of this thesis is on the Malay- Muslim population of Peninsular Malaysia who form the bulk of the Bumiputera (indigenous people). Two Bum iputera and Islamic organisations, Bank Islam (BIIMB) and Tabung Haji (TH) as well as the Bumiputera unit trust scheme, Amanah Saham Nasional (ASN) are used as the case studies. Their establishment, structure and organisation are examined. There is a specific focus on the extent to which they are examples of Islamisation or Malaynisation. It is clear that in contemporary Malaysia, Islam and Shariah are being used by the Government to promote economic development. Islamic values have been used to further Malay economic participation in the commercial sector. As a consequence, the economic position of many Malay-Muslims has greatly improved. However, the Government position is questioned by the Islamic opposition who say that the Islamisation policy in many respects is either contrary to Islam or merely cosmetic, and want a 'pure' Islamic approach. The thesis therefore involves a critical examination of the perspectives of both the Government and the Islamic opposition.
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Aljahli, Abdulrahman Ibrahim. "A Rhetorical Examination of the Fatwa: Religion as an Instrument for Power, Prestige, and Political Gains in the Islamic World." Bowling Green State University / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1491483098012349.
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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.
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Doctor Legum - LLDSouth 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.
Books on the topic "Islamic law, africa"
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Omar, Mahomed Shoaib. The Islamic law of succession and its application in South Africa. Durban: Butterworths, 1988.
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Nehemia, Levtzion, and Pouwels Randall Lee 1944-, eds. The History of Islam in Africa. Athens: Ohio University Press, 2000.
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Ethnographic studies of Islamic judicial reasoning. New York: Palgrave Macmillan, 2009.
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Alessandra, Vianello, and Kạssim Mohamed M, eds. Servants of the Sharia: The civil register of the Qadis' court of Brava, 1893-1900. Leiden: Brill, 2006.
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Layish, Aharon. Legal documents on Libyan tribal society in process of sedentarization: A selection of decisions from the sijills of the Sharīʻa courts of Ajdābiya and Kufra. Wiesbaden: Harrassowitz, 1998.
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Fluehr-Lobban, Carolyn. Islamic law and society in the Sudan. London, England: F. Cass, 1986.
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Layish, Aharon. Divorce in the Libyan family: A study based on the sijills of the sharīʻa courts of Ajdābiyya and Kufra. New York: New York University Press, 1991.
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Beck-Peccoz, Roberta Aluffi. Le leggi del diritto di famiglia negli stati arabi del Nord-Africa. Torino: Fondazione Giovanni Agnelli, 1997.
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Ibrāhīm, ʻAbd Allāh ʻAlī. Manichaean delirium: Decolonizing the judiciary and Islamic renewal in Sudan, 1898-1985. Leiden: Brill, 2008.
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On Trans-Saharan trails: Islamic law, trade networks, and cross-cultural exchange in Western Africa. Cambridge: Cambridge University Press, 2009.
Find full textBook chapters on the topic "Islamic law, africa"
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Lofkrantz, Jennifer. "Slavery in Islamic West Africa." In The Palgrave Handbook of Global Slavery throughout History, 479–95. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-13260-5_27.
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AbstractThis chapter examines the issues of enslavement, slavery, and pathways to freedom in the nineteenth-century West African states established through revolutionary jihad in what is now mostly contemporary Mali and northern Nigeria. The jihads were primarily anti-slavery movements. Yet, the leaders of these movements were not interested in outlawing slavery for everyone, but in protecting people they considered to be freeborn Muslims from enslavement and in regulating slavery according to their interpretation of the Mālikī madh’hab, the Sunni school of law that was dominant in precolonial Muslim West Africa. Ironically, for states founded with the priority of instituting more “ethical/legal” slavery policies, slavery actually increased in the region as demand for agricultural products produced by enslaved labor, mostly women, increased.
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Anderson, J. N. D. "Islamic Law in Africa: Problems of Today and Tomorrow." In Changing Law in Developing Countries, 164–83. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003245674-9.
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Esmaeili, Hossein. "Charity Law Systems in Australia, Islamic Law, and the Arab World." In International Trade with the Middle East and North Africa, 191–205. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003381662-15.
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Anderson, J. N. D. "The Eclipse of the Patriarchal Family in Contemporary Islamic Law." In Family Law in Asia and Africa, 221–34. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003243397-14.
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Casciarri, Barbara. "Islamic Law, legal hybridity, and legal practices in Sudan." In Routledge Handbook of the Horn of Africa, 453–61. London: Routledge, 2022. http://dx.doi.org/10.4324/9780429426957-42.
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Sodiq, Yushau. "Nigeria: The Giant of Africa." In A History of the Application of Islamic Law in Nigeria, 1–25. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-50600-5_1.
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Lim, Jamus Jerome. "The Economics and Finance of the Middle East and North Africa." In Contemporary Issues in Islamic Law, Economics and Finance, 61–77. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003155218-7.
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Thurston, Alex. "The Aminu Kano College of Islamic and Legal Studies: A Site for the Renegotiation of Islamic Law and Authority in Kano, Nigeria." In Muslim Institutions of Higher Education in Postcolonial Africa, 247–64. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/9781137552310_16.
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Imam-Tamim, Muhammad Kamaldeen. "Islamic Law Perspective on Emerging Issues from Legal Frameworks on Domestic Violence in Nigeria." In Promoting Efficiency in Jurisprudence and Constitutional Development in Africa, 119–48. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-13814-0_7.
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Aassouli, Dalal. "Mobilizing and leveraging Islamic climate finance in the MENA region." In Climate Change Law and Policy in the Middle East and North Africa Region, 204–30. Abingdon, Oxon ; New York, NY : Routledge, 2021. |: Routledge, 2021. http://dx.doi.org/10.4324/9781003044109-14.
Full textReports on the topic "Islamic law, africa"
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Bano, Masooda. Curricula that Respond to Local Needs: Analysing Community Support for Islamic and Quranic Schools in Northern Nigeria. Research on Improving Systems of Education (RISE), August 2022. http://dx.doi.org/10.35489/bsg-rise-wp_2022/103.
Full textAbstract:
Involving local communities in school management is seen to be crucial to improving the quality of education in state schools in developing countries; yet school-based management committees remain dormant in most such contexts. Drawing on ethnographic fieldwork with a rich network of community-supported Islamic and Quranic schools in the state of Kano in northern Nigeria—a sub-Saharan African region with very low education indicators, low economic growth, and political and social instability—this paper shows how making school curricula responsive to local value systems and economic opportunities is key to building a strong sense of community ownership of schools. Under community-based school management committees, control over more substantive educational issues—such as the content of school curricula and the nature of aspirations and concepts of a good life that it promotes among the students—remains firmly in the hands of the government education authorities, who on occasion also draw on examples from other countries and expertise offered by international development agencies when considering what should be covered. The paper shows that, as in the case of the urban areas, rural communities or those in less-developed urban centres lose trust in state schools when the low quality of education provided results in a failure to secure formal-sector employment. But the problem is compounded in these communities, because while state schools fail to deliver on the promise of formal-sector employment, the curriculum does promote a concept of a good life that is strongly associated with formal-sector employment and urban living, which remains out of reach for most; it also promotes liberal values, which in the local communities' perception are associated with Western societies and challenge traditional values and authority structures. The outcomes of such state schooling, in the experience of rural communities, are frustrated young people, unhappy with the prospect of taking up traditional jobs, and disrespectful of parents and of traditional authority structures. The case of community support for Islamic and Quranic schools in northern Nigeria thus highlights the need to consider the production of localised curricula and to adjust concepts of a good life to local contexts and economic opportunities, as opposed to adopting a standardised national curriculum which promotes aspirations that are out of reach.
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Bano, Masooda. Curricula that Respond to Local Needs: Analysing Community Support for Islamic and Quranic Schools in Northern Nigeria. Research on Improving Systems of Education (RISE), August 2022. http://dx.doi.org/10.35489/bsg-rise-wp_2022/103.
Full textAbstract:
Involving local communities in school management is seen to be crucial to improving the quality of education in state schools in developing countries; yet school-based management committees remain dormant in most such contexts. Drawing on ethnographic fieldwork with a rich network of community-supported Islamic and Quranic schools in the state of Kano in northern Nigeria—a sub-Saharan African region with very low education indicators, low economic growth, and political and social instability—this paper shows how making school curricula responsive to local value systems and economic opportunities is key to building a strong sense of community ownership of schools. Under community-based school management committees, control over more substantive educational issues—such as the content of school curricula and the nature of aspirations and concepts of a good life that it promotes among the students—remains firmly in the hands of the government education authorities, who on occasion also draw on examples from other countries and expertise offered by international development agencies when considering what should be covered. The paper shows that, as in the case of the urban areas, rural communities or those in less-developed urban centres lose trust in state schools when the low quality of education provided results in a failure to secure formal-sector employment. But the problem is compounded in these communities, because while state schools fail to deliver on the promise of formal-sector employment, the curriculum does promote a concept of a good life that is strongly associated with formal-sector employment and urban living, which remains out of reach for most; it also promotes liberal values, which in the local communities' perception are associated with Western societies and challenge traditional values and authority structures. The outcomes of such state schooling, in the experience of rural communities, are frustrated young people, unhappy with the prospect of taking up traditional jobs, and disrespectful of parents and of traditional authority structures. The case of community support for Islamic and Quranic schools in northern Nigeria thus highlights the need to consider the production of localised curricula and to adjust concepts of a good life to local contexts and economic opportunities, as opposed to adopting a standardised national curriculum which promotes aspirations that are out of reach.
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Khalil, James, MaryAnne Iwara, and Martine Zeuthen. Journeys through Extremism: The Experiences of Forced Recruits in Boko Haram. RESOLVE Network, September 2022. http://dx.doi.org/10.37805/cbags2022.2.
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This case study provides exploratory research into the personal journeys of forced recruits into Boko Haram, to examine how they entered the organization, the conditions they experienced in camps and settlements, their exits from the group, their subsequent experiences in state hands, and their perspectives about future reintegration. These themes are particularly pertinent given the mass disengagements from Boko Haram in spring 2022, and the extent to which federal and state systems lack the capacity to absorb and handle the large numbers involved. Research was undertaken at Operation Safe Corridor (OPSC), a program established in 2016 by the Nigerian state to provide an off-ramp for members of Boko Haram and Islamic State West Africa Province (ISWAP) deemed to be ‘low risk’ by military intelligence. Located at Mallam Sidi on the outskirts of Gombe, the OPSC program houses cohorts of around six hundred clients at any point in time. This report features the findings from thirteen in-depth interviews with participants in the OPSC program to provide important insights into the state-sponsored off-ramp from this group.