Dissertations / Theses on the topic 'Islamic law, africa'

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.

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.

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.

Magister Legum - LLM
It 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 .

Magister Legum - LLM
As 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.

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.

Thesis advisor: Ali Banuazizi
Thesis 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

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.

Doctor Legum - LLD
South 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.

L’objet de cette thèse est d’étudier « La confrontation de la dissolution du lien conjugal et ses effets entre les États maghrébins et les États européens francophones (France et Belgique) ». Les difficultés de coordination des systèmes islamiques et européens de droit international privé proviennent de l’écart entre leurs législations relatives au statut personnel et au droit de la famille. En droit musulman, les matières du statut personnel sont solidaires des donnés religieuses. Les ressortissants maghrébins établis dans des pays européens se retrouvent souvent confrontés au croisement du système juridique maghrébin et celui de leur pays d’accueil.

S’il est un domaine où se heurtent des visions difficilement conciliables entre l’Europe et certains pays musulmans, c’est bien celui du mariage mixte et particulièrement celui de la répudiation. Il faut souligner que le problème perdure depuis plus de vingt ans.

Toutefois un grand nombre de ressortissants Marocains réside en Belgique ce qui conduit inévitablement à ce que des problèmes liés à la dissolution de leur mariage se posent. A ces difficultés viennent s’ajouter les problèmes de conflits de lois. Cette étude a donc tenté de dégager les caractéristiques des différents systèmes étudiés et de montrer les divergences qu’ils comportent en terme de méthodes utilisées dans le règlement des conséquences du divorce ou de répudiation.

La présence d’une communauté immigrée de statut personnel musulman et la rencontre de l’ordre juridique européen avec ce phénomène, posent l’épineux problème de l’harmonisation de deux systèmes juridiques fondamentalement différents et a ainsi pu être qualifié de « conflit de civilisations ». Ce qui permet une vue globale du sujet.

Summary: The purpose of this thesis is to study the dissolution of a marriage tie between North African states and European French speaking states, and what this dissolution means in term of confrontation on both sides concerning the juridic systems european and islamic. The difficulties of coordination between the islamic way of life and the international law are the result of divergence relating with personal status and family right. In the islamic law, personal status and religious faith are closely interlinked. Moroccan nationals who step up house in an european country are confronted with the law of the Maghreb and the law of the country witch welcomes them.

Mixed marriages and in particularly in a case of repudiations are a sphere where european nations and some muslim nations don’t see things in the same way. One has to emphasize that these problems have been enduring for over tweenty years. A great numbers of Morocans lives in Belgium which leads to difficulties if their marriages have to be dissolved. Over these difficulties problems of laws conflicts are added. This study have tried to show the characteristics of these systems and the different way to solve the consequences of the divorce or of the repudiation. The presence of an immigrated community of personal muslim status and the encounter of the juridic european system with this phenomenon set the acute issue of the harmonization of two juridics systems deeply different. This can be described as a “conflict of civilisations”. This allows a broad view of the subject

Doctorat en droit
info:eu-repo/semantics/nonPublished

Depuis l’aube des temps, quelle que soit la forme qu’elle a pu revêtir, l’une des préoccupations majeures de l’homme a été et demeure sa protection, celle de ses proches et de ses biens contre les aléas de la vie. C’est d’ailleurs dans cette perspective que les assurances ont été instituées.En Afrique, avant l’introduction de cette notion, c’est la solidarité sous ses diverses formes (assabiya, touiza, lahwa ou encore tontine) qui a servi de moyen de réparation du préjudice.Le droit des assurances qui a pour mission de régir l’activité, a, en Afrique une configuration intimement liée à l’histoire coloniale. L’étude de l’évolution de la notion d’assurance en Mauritanie et au Bénin, nous met face à deux systèmes juridiques, ayant des particularités relevant tantôt du droit musulman, tantôt du droit coutumier. Toutefois, le point de convergence de ces deux systèmes demeure les lois françaises en matière d’assurance dont ils ont hérité via la colonisation. Ce droit importé a t’il été assimilé par ces deux Pays ?Le Code CIMA, et le Code des Assurances Mauritaniennes nous permettrons d’appréhender le contrat d’assurance, l’indemnisation et, l’activité d’assurance : éléments indispensables pour dresser un état des lieux du secteur des assurances au Bénin et en Mauritanie. En Afrique, même si dans certains pays, le secteur des assurances est en nette croissance, les questions suscitées par cette thèse, seront relatives à l’adaptabilité de l’assurance conventionnelle aux pays africains dont le secteur des assurances peine à se développer.En tout état de cause, il sera nécessaire de mener une réflexion sur des alternatives de développement en Afrique de l'assurance conventionnelle
Since the dawn of times, whatever the shape it has had, one of the major worries of mankind has been and still is his protection, the protection of the people close to him and that of his belongings against the hardship of life. In that perspective, Insurance companies have been created.In Africa, before the introduction of that notion, it is the solidarity in its various forms (assabiya, touiza, Iahwa or else tontine) that has served as means to repair damage.Insurance law that has for mission to govern the activity, has, in Africa a configuration that was intimately connected to the colonial history. The study of the evolution of the notion of insurance in Mauritania and in Benin puts us in front of two legal systems having peculiarities sometimes stemming from the islamic law or common law. However, the point of convergence of these two systems remains the French law which they inherited via colonization. This imported law has it been learned by these two countries?The CIMA code and the Mauritanian insurance code will allow us to fully grasp the insurance contrat, the compensation and the activity of insurance : essential elements to raise the current situation of the sector of the insurances in Benin and in Mauritania. In Africa, even if in certain countries the sector of the insurance is in net growth, the questions raised by this thesis will be relative to the adaptability of the conventional insurance in the African countries in which the sector of insurance has difficulty developing.In any case, it will be necessary to lead a reflexion on alternatives of the developement in Africa of the conventional insurance

"Every country has religious minorities. Any study of religious minorities and the protections afforded to them must also examine the significance of minorities per se. Minorities have no internationally accepted definition. Definitions are either broad and with little specificity or narrow and exclusive. Generally, two trends with regard to minority rights can be observed. On the one hand, in many countries, a comprehensive system of the legal protection of minorities has been introduced. Here the biggest problems stem from the difference between formal and informal rights. On the other hand, a number of countries have not legally committed themselves to the protection of minorities; ranging from inadequate safeguards to non-recognition of the minority. National minorities have received broad, although not well-differentiated, reporting in the international media and attention in international organisations and its impact on the discourse on religious rights have been minimal. However, minority religious rights have featured less significantly on the public agenda. The implications of the status of national minorities and religious groups are that many minorities believe that the majority group generally receive privileged status in state structures, while the minorities are viewed with suspicion. The issue of religious representation and safeguards arose within the Constitution of the Republic of Kenya ("Kenyan Constitution") where there is a recently concluded Constitutional Review Commission that had the Christian majority object to the "excessive protection" being granted to the Muslim minority. There was a huge debate as to the extent of inclusion of Sharia in the resultant draft constitution as well as the protection of fundamental principles of human rights and Islam. The question thus arises, should one apply Sharia or enshrine it in the constitution of a country, or will this involve overprotection that may lead to long-term exploitation of the law by the minority. The Arab Republic of Egypt ("Egypt") and the Republic of Kenya ("Kenya") have been chosen as case studies as they are interesting reflections of the development of states in Africa: Kenya with a Muslim minority maintaining a hold on the application of Islamic law where there is a Christian majority, while in Egypt the Copt and Shia Muslim populations are trying to assimilate into the state. Sharia is of imporance both to Kenya and Egypt. In Egypt the entire legal system is premised on the constitutional provision that Sharia is the principle source of law, thus some religious minorities in Egypt look for ways to maintain their identity and circumvent the application of Sharia provisions. Kenya, with a Muslim religious minority, is grappling with the concept of Sharia and how far it should apply to Muslims in a country. Thus these two countries have an inverse mirror image problem of each other as between the two major world religouns, Christianity and Islam. ... Chapter one sets out the content of the research, identifies the problem and applies the methodology. Chapter two discusses the international and regional law on religious minorities with a regional emphasis on African and the Arab region. Chapter three discusses the Islamic law on religious minorities, both Muslim minorities in non-Muslim states and non-Muslim minorities in Muslim states. Chapter four will focus on case studies comparing the protection accorded to the Muslims in Kenya with the Copts in Egypt, and analysing the extent to which Kenya and Egpyt have complied with international and regional law. Chapter five will set out recommendations and conclusions." -- Introduction.
Prepared under the supervision of Dr. Naz Modirzadeh at the Department of Political Sciences, School of Humanities and Social Sciences, The American University in Cairo, Egypt
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

The goal of this study is to generate a more holistic picture of the diffusion and assimilation of universal human rights norms in diverse cultural and political settings such as the Middle East and North Africa (MENA). The overarching question to be investigated in this thesis is the relationship between the evolving international human rights regime and the emerging human rights normative and legal culture in the Middle East. This question will be investigated in detail with reference to regional human rights schemes such as the Arab Charter of Human Rights, as well as local human rights developments in three Middle Eastern states, Egypt, the United Arab Emirates, and the Islamic Republic of Iran. Having gauged the take-up of human rights norms on the ground at the local and regional levels, the thesis examines in full the extent of socialisation and internalisation of human rights norms across the Middle East region at large.

With the rapid development of the Islamic banking and finance in South Africa, the legal regime of South Africa, must be able to progress at the same rate of development. The recognition of a foreign legal system such as Islamic law in South Africa is challenging and difficult. South Africa, has an interest based insurance legislative framework and this is not aligned with the principles of the Islamic financial system. As a result of this, regulators have taken various measures to develop and promote the Islamic Industry. The amendment to the South African Tax legislation has created an equitable and level playing field for Islamic law. The South African government also has a further obligation which is to develop a legislative framework to govern Islamic law, as well as to enhance the regulatory and supervisory framework. The study of the development of the Islamic legal regime is an important area that aids legal practitioners in identifying and resolving legal disputes. The purpose of this paper is to examine the accommodation of the Islamic law of Takaful under the South African Insurance legal framework.
Public, Constitutional and International Law
LL. M. (Public, Constitutional and International Law)

A research report submitted In partial fulfilment of the requirements for the degree of Master of Commerce University of the Witwatersrand
The purpose of this study is to analyse the operational economics of Islamic banking transactions in South Africa and to understand how the economics of these transactions lead to the IFRS accounting. The study also aims to highlight the similarities and differences of accounting for these transactions using IFRS, across the different South African banks. The transactions analysed are deposit products of qard and mudaraba and financing products of murabaha, ijarah and diminishing musharaka. The study was conducted through interviews with representatives from each of the four South African banks which offer Islamic banking products. Interviews were semi-structured and allowed for interviewees to voice their perspectives increasing the validity of the interviews. The study found that the specific Shariah requirements of Islamic banking transactions are considered and included in the structure of the contracts by all four banks offering Islamic banking products. However, the economic reality of these transactions closely resembles conventional banking transactions. The study also found that all four banks account for Islamic banking transactions using IFRS but the accounting does not match the Shariah requirements of each transaction, creating a cognitive dissonance between the accounting and the contractual form of the transactions. This study is the first of its kind in South Africa. The study adds to the IASB Consultative Group discussion on accounting for Islamic banking transactions under IFRS. Key words: Conceptual Framework, diminishing musharaka, IFRS, ijarah, Islamic banking, mudaraba, murabaha, qard
MT2017

LL M. (Commercial Law)
It is believed that Islamic banking and finance is currently the fastest growing system of banking in the world. In 2010, Islamic finance institutions reported an estimated USD 1 trillion in global assets, and an estimated growth rate of 15%.1 Many countries have taken notice of this growth, and have attempted to implement measures that will allow them to best reap their share of the spoils. This dissertation will attempt to explain the nature of Islamic banking, its history and development, as well as the main principles upon which it is based. The dissertation will then compare Islamic banking and its Western or conventional banking counterparts as well as advantages and drawbacks of both systems. The dissertation will attempt to provide an exposition of the current regime in South Africa and its impact on the functions of Islamic banks, as well as providing an explanation of how these banks operate within the South African legal framework. The dissertation will also explore the legal systems and regulation of Islamic banks and other financial institutions in other jurisdictions, and also attempt to provide a guide as to whether the South African position needs reform or whether it is sufficient to take advantage of this growing sector of finance ...

Four Muslim senior wives, 35 years and older, were interviewed about their experiences in a polygamous marriage. The Theory of Gender and Power was used to understand some of the emerging themes in the gendered relationships between men and women in polygamous relationships. Thematic content analysis revealed the overarching theme of power. The women expressed helplessness in the face of a practice that they consider objectionable on the one hand, but that they feel compelled to tolerate because their religion permits it. In order to cope with their pain there was a need to assign blame for their husband's remarriage. Blame was attributed to both internal and external causes. Senior wives equate polygamy with "infidelity" and therefore perceived it as an act of betrayal, Consequently, this led to feelings of anger, rejection, pain and jealousy, and subsequently the nonacceptance of the junior wife into the marital dyad. The women reported feelings of loss with regard to the marital relationship, such as loss of financial support, trust, self esteem, identity, dignity and sense of self. For these senior wives, polygamy resulted in loss of sexual exclusivity, shared intimacy and security, which was accompanied by feelings of humiliation and degradation. The women believed that polygamy resulted in straining the relationship between children and their fathers. Children were reported to have experienced emotional, behavioural and academic problems.
Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2004.

Tenants represent a marginalised group in South Africa, with land and housing, and particularly rental accommodation in great demand. Renting is a viable option for certain tenants but in the absence of the provision of rental housing, tenants are trapped in a "feudal" system of tenant-landlord relationship. The importance of this study stems from the fact that there appears to be violations of tenants' rights and that the obligations of both tenant and landlord from a Shari-ah perspective have either been overlooked or ignored completely thus far. This study examines the hardships faced by tenants specifically in privately owned residential accommodation in Durban and other major South African cities. It aims to critically examine Islamic perspective on housing and land tenure and guidelines that govern tenant-landlord relationship in respect of residential rental accommodation. It also looks at the South African development of land and housing policy, legislation, the provision of public and rental housing and tenure and tenant-landlord relationship. It examines the historical development of such a relationship in the west and the development of rent legislation in South Africa and the most recent legislation, the Rental Housing Act 50 of 1999. This study sought responses from recognised, well-established Muslim organisations in South Africa to a questionnaire dealing specifically with residential rental accommodation and general information on a range of tenant-landlord related matters. It is hoped that their response that are analysed and discussed would contribute to a better tenant-landlord "culture". The overall findings of this study into the Islamic and South African perspective on tenant-landlord relationship have implications for policy makers, Islamic scholars, NGOs and a whole range of stakeholders, locally as well as internationally. In the light of this study, suggestions are made to stimulate further research on some of the pertinent issues addressed.
Thesis (M.A.)-University of Durban-Westville, 2001.

Generally, traditional "marriages" according to Islamic custom are void in South African law because they are potentially polygynous and do not comply with the formalities prescribed by the Marriage Act 25 of 1961 . A valid concern for those who oppose polygyny is that it may enforce and promote gender inequality in that it is practised in patriarchal Muslim societies. The Constitution of the Republic of South Africa Act 108 of 1996 contains numerous provisions aimed at combating gender inequalities, and these could be used to justify the policy of non-recognition. On the other hand, the Constitution has ushered in an era of tolerance and empathy; and the equality and religion clauses could be used to ensure that polygynous marriages are no longer ignored. This study will examine the tensions between Muslim personal law and clauses in the Constitution which have led to calls for the reformation and codification of Muslim personal law.
Private Law
LL. M.

A thesis submitted to the Faculty of Commerce Law and Management, University of the Witwatersrand, Johannesburg, in fulfilment of the Degree of Doctor of Philosophy
Ethical investing has become increasingly prevalent in recent years and mirrors a rise in shareholder activism, consumer ethics and corporate social responsibility. Shariah funds are a subset of ethical funds. The rise in popularity of ethical funds has raised questions as to whether ethical funds perform better than conventional funds, and whether ethical funds are riskier than conventional funds. A number of studies have been carried out in different countries utilising the traditional performance measures as well as factor models to determine the risk profile and returns of ethical funds compared to conventional funds. These studies have shown that the results are country specific and hence each country needs to be analysed separately. The aim of this study is to investigate ethical funds (incorporating Shariah funds) in the South African context. The study examines the performance and risk profile of ethical funds relative to conventional funds utilising traditional performance methods as well as the CAPM model and Fama French 3-factor model. Furthermore, the study determines the factors that influence investors to invest in ethical funds and to examine their investment preferences when choosing between conventional funds and ethical funds through a survey of Muslim investors. Finally, the study examines the role of advertising in ethical fund investment and investigates whether the marketing material of ethical funds is aligned to investor requirements by utilising content analysis to compare the fact sheets of various mutual funds for the presence of factors identified as important by investors. The empirical results show that conventional funds outperformed ethical funds with a greater variability of return over a truncated time period. Both ethical and conventional funds were driven primarily by the market return with no clear style bias. In fact, ethical funds had a stronger beta to the ALSI than to the JSE SRI index. The qualitative analysis showed that the sampled investors perceived conventional funds as offering better returns, but being more risky. The sampled investors were willing to undertake financial sacrifice in order to invest according to their faith. The most important source of information regarding investments was cited as professional advice, followed by word of mouth and advice from family and friends. Advertising came in behind these factors and was not an influential source of information for the sampled investors. The factors most important to investors when deciding to invest in a fund was the philosophy of the fund (i.e. it’s investment strategy or ideology) followed by the risk profile of the fund and past returns of the fund. The content analysis showed that the factsheets of South African mutual funds were aligned to the factors identified by the sample of investors as most important with influencing their decision to invest. Moreover, conventional funds focused more on returns than risk, with ethical funds focusing more on risk than return – thus funds tended to emphasise their strong points most in their factsheets.
MB2016

This thesis looks at the South African development of employment legislation, the provision of the contract of employment, and employee-employer relationship. It briefly examines the historical development of such relationship in South Africa and the most recent legislation. In addition, this thesis also examines existing Islamic literature on the employee-employer relationship and analyzes these principles. The precedence set by Muslim jurists and the juridical verdicts are critically analyzed and discussed. The overall findings of this research into Islamic and South African perspectives on employee-employer relationship will hopefully have implications for policy makers, Islamic scholars, non-governmental organizations and a whole range of stakeholders, both locally and internationally.
Thesis (M.A)-University of Durban-Westville, 2004.

La réforme et l’harmonisation du droit des sûretés mobilières sont à l’ordre du jour de plusieurs organisations internationales, car il est admis qu’un régime de sûretés efficient favorise l’accès au crédit à de faibles coûts. L’harmonisation de ce droit comporte deux volets. D’une part, dans l’Occident industrialisé, les efforts d’harmonisation vont de la réforme des droits internes à l’établissement de régimes spéciaux relativement à des biens spécifiques (principalement les biens mobiles de grande valeur, tels les aéronefs, le matériel ferroviaire roulant et les satellites, et les biens incorporels, comprenant les créances, valeurs mobilières, actifs financiers et titres intermédiés). Ces efforts d’harmonisation démontrent que d’un point de vue systémique, malgré quelques différences notables, les régimes nord-américains et européens sont fondés sur des principes similaires et atteignent des résultats comparables. En résulte l’émergence d’un ordre juridique transnational en droit des sûretés mobilières, fondé sur les principes de la primauté de l’individu et la reconnaissance du droit de propriété de l’individu dans ses biens, mis en œuvre grâce à l’État de droit. D’autre part, les institutions financières internationales encouragent l’établissement de régimes de sûretés dans les pays en voie de développement qui obéissent aux mêmes critères que ceux de l’Occident, en insistant sur les réformes institutionnelles et juridiques visant l’établissement d’une bonne gouvernance et l’État de droit. Cependant, une transposition des régimes occidentaux ne peut se faire sans heurts dans les pays en voie de développement, notamment pour des raisons socio-culturelles et politiques. Lorsque les principes de la primauté de l’individu, de la propriété individuelle et de l’État de droit ne sont pas reconnus dans un pays donné, la réforme et l’harmonisation du droit des sûretés s’en trouvent compromis. La démonstration de l’état d’avancement de la réforme et de l’harmonisation du droit des sûretés dans les pays occidentaux industrialisés est faite grâce à une comparaison du Uniform Commercial Code, du Code civil du Québec, des Personal Property Security Acts des provinces canadiennes de common law, des principes des droits français et anglais, de l’influence du droit communautaire sur les pays membres de l’Union Européenne. Sont analysés, aussi, dans cette optique, les principaux instruments de l’harmonisation du droit émanant des organisations internationales. Par ailleurs, deux études de cas relatifs à la réforme du crédit foncier en Égypte et à la réforme de l’urbanisme et de l’habitat en République démocratique du Congo, viennent étayer les difficultés que rencontrent les institutions internationales, telles la Banque mondiale et l’ACDI, dans le cadre de projets de réformes visant la bonne gouvernance et l’instauration d’un véritable État de droit, en partie à cause d’un pluralisme des ordres juridiques de ces pays.
The reform and harmonization of secured transactions on movable (or personal) property is fostered by international organizations, on the assumption that an efficient regime of secured transactions will give access to affordable credit to a large number of persons and corporations. Such reform and harmonization process can be explained according to its two main features. Firstly, in Western and developped countries, the focus is on endeavours to harmonize the various regimes internally and to establish special regimes with respect to specific assets (for instance, high value mobile equipment, such as aircrafts, rolling stock or satellites, on the one hand, or incorporeal property, including securities, financial assets or security entitlements, on the other hand). Even though some differences remains from a systemic point of view, north american and european regimes are based on similar principles and achieve comparable results. It is therefore possible to see the emergence of a transnational legal order in the law of secured transactions, based on individuals and the enforcement of their rights of ownership, ascertained by the Rule of Law principle. Secondly, international financial institutions are encouraging the implementation of secured transactions regimes in developing countries along the same criteria as those used in Western developed countries, in the context of institutional and legal reforms under governance and rule of law projects. However, Western regimes must be adapted and customized before they are transplanted into a developing country. Indeed, for socio-cultural and political reasons, it is not possible to establish the same kind of regime therein. When individual rights and freedoms, including the right of ownership and the Rule of Law, are not recognized, the reform and harmonization of secured transactions is not likely to happen. The status of advancement of the reform and harmonization of secured transactions in the developed world is illustrated by a comparison between the Uniform Commercial Code, the Civil Code of Québec, the Personal Property Security Acts of canadian common law provinces, the applicable principles under both French and English Law, and the influence of European Law on its member states. An analysis of the main harmonization instruments proposed by international organizations is also conducted. Finally, the pitfalls of governance and rule of law reform projects are well described by two case studies. The first one deals with real estate and mortgage law reforms in Egypt, with a goal to encourage affordable access to housing; the second one is about urban planing and housing reforms in the Democratic Republic of Congo. The existence of a multiplicity of legal orders in these countries explains the difficulties encountered in such reform processes.

The importance of this research on the life of Shaykh Yūsuf‟s life and legacy is eviden t from the depth of the reports on "Shaykh Yūsuf al-Maqassarī’s literary contribution with a special attention to his Maṭālib al-Sālikῑn [The Quests of the Spiritual Seekers].” We contend that without a comprehensive knowledge of it, some of the subtleties and nuances of the Shaykh as well as his treatises will remain concealed from us. I utilised the comprehensive religious historical and philological approaches following the methodology of Sultan, Nabilah Lubis, and Suleman Essop Dangor to complement al-Maqassarī‟s history, his literary contribution in general and to gain the essence of his Maṭālib al-Sālikῑn through commentaries. I also used hermeneutic‟s theory for interpreting some of the texts. Shaykh Yūsuf (1626-1699) is considered a national hero of Indonesia and South Africa. His movements from Gowa South Sulawesi to other countries including the Middle East were motivated by his wish to deepen his understanding of Islamic mysticism. This was supported by his local teachers and the needs of Gowa Kingdom for a qualified Islamic scholar to convert its animistic society into real and fervent Muslims. This responsibility fostered in him a sense of bravery and adventure, and he ended up wandering around the world in search of knowledge. In their purpose to rule the East Indian countries and remove his influence over his fellow citizens, the Dutch banished Shaykh Yūsuf initially to Ceylon and then to Cape of Good Hope, South Africa (1684-1699). He left behind a large body of literary contributions, many of them still preserved at UB Leiden and the National Library of Jakarta. His Maṭālib al-Sālikῑn holds a special place among his literary contributions. It discusses three important issues that are illustrated with parables which should be understood by spiritual seekers; namely tawḥῑd, ma‘rifa, and „ibāda {Divine Knowledge, Divine Recognition and Worship]. They constitute a tree with leaves, branches, and fruit. Its practitioners are directed to the Oneness of God and to none other. These teachings have become a foundation of his reformist ideas and a basis to build his Islamic community in South Africa and finally to be implemented in his own ṣūfī order, Ṭarīqat al-Yūsufiyya/Khalwatiyyat al-Yūsufiyya.
Religious Studies and Arabic
D. Litt. et Phil. (Islamic Studies)