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Dissertations / Theses on the topic 'Islamic law. Government law'

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Published: 7 June 2025
Last updated: 2 August 2025

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1

Al-Harbi, Ibrahim Sulaiman. "Democracy in Islamic and international law : a case study of Saudi Arabia." Thesis, Brunel University, 2010. http://bura.brunel.ac.uk/handle/2438/4522.

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Following the rise of Islamic fundamentalism, Muslim nations have been placed in the spotlight of international debate; the prevailing understanding is that democracy and Islam are fundamentally incompatible. This verdict is particularly damning in light of the trend in International Law which, since the collapse of communism in Eastern Europe, has equated democracy with human rights. Yet, a thorough analysis of the debate, taking into account the historical and theoretical bases of liberal democracy — the cultural, legal, and political development of Islam, and the extent to which the politic
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2

Emathe, Francis E. "Somalia Igad's attempt to restore Somalia's transitional federal government." Thesis, Monterey California. Naval Postgraduate School, 2006. http://hdl.handle.net/10945/2503.

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Political solutions have been found for several longstanding conflicts in Africa in 2003 - in the Democratic Republic of the Congo, Liberia and Burundi. The political arrangements in these countries may not necessarily usher in permanent peace and stability, but they at least afford an opportunity to work toward such goals. Unfortunately, this is not the case for Somalia, where anarchy, violence and chaos have prevailed for over 15 years. A national reconciliation conference - the 14th of its kind â sat in Nairobi for two years and finally formed a Transitional Federal Government (TFG) in Au
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3

Ebrāhim, Badrudīn Sheikh Rashīd. "The form of Muslim government and its source of authority in contemporary Islamic thought : a comparative study of the views of Ayatollah Ruḥollah Khomeini and Sayyid Quţb". Thesis, University of the Western Cape, 2013. http://hdl.handle.net/11394/5049.

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Philosophiae Doctor - PhD<br>The year 1924, which coincided with the fall of the Ottoman Caliphate and more recently, the Arab Spring which started in Tunisia in December 2010, and spread across much of north Africa and parts of the Middle East, has captured the attention of worldwide audiences, but also policy makers from the West to relook at the masses in the Muslim world as not politically acquiescent, even ignorant, but also, and more importantly as to which forms of government these regions would adopt, secular or Shari‘ah based (Islamic Law), or a combination of the two. The proposed re
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4

Al-Mutairi, M. Z. "Necessity in Islamic law." Thesis, University of Edinburgh, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.510056.

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This study aims at exploring thewidely applied principle of necessity ( darnrah ) in Islamic law. Its main focus is to examine the legal definition and limitations of necessity. It has been divided into five chapters, an introduction and a conclusion. In the first chapter, special attention has been given to the definition of necessity in Islamic classical and modern jurisprudence. Since the maxims of necessity are an essential element of this topic, these have been explored in the second chapter. The causes of the state of necessity are dealt with in the third chapter. In this regard, compuls
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5

Al-Subaihi, Abdulrahman A. I. "International commercial arbitration in Islamic law, Saudi law and the model law." Thesis, University of Birmingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497341.

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6

Al-Sumaiti, Jamal. "The contributions of Islamic law to the Maritime law." Thesis, University of Wales Trinity Saint David, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503613.

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7

Ali, Anjum Ashraf. "Child marriage in Islamic law." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31082.

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This thesis examines the custom of child marriage in Islamic law and its practice in Muslim society. It also gives an overview of the history of child marriage from ancient to modern times. The focus of this research is the status of child marriage in the modern Muslim world as a continuation of ancient tradition and the role historical interpretations of Islamic law play in its perpetuation.<br>Child marriage was once a globally accepted and practiced phenomenon. Over the centuries its practice has diminished considerably. Today, although child marriage is viewed as an offensive act and disco
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8

Al-Shalhoob, Salah Fahd. "Instalment sales in Islamic law:." Thesis, University of Edinburgh, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.489563.

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9

Al-Marzouqi, Abraheem Abdulla Muhammed. "Human rights in Islamic law." Thesis, University of Exeter, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.252974.

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10

Mohamad, Abdul Basir Bin. "The Islamic law of tort." Thesis, University of Edinburgh, 1997. http://hdl.handle.net/1842/17549.

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The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law of tort, the concept of ḍamān (liability) in the Islamic law of tort as well as the discussion of Stri
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11

Balala, Hanaan. "A study of islamic law and english common law on aspects of islamic finance securitisations." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.530014.

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12

Kirwin, Matthew Fitzrobert. "The socio-political effects of Nigerian Shari'a on Niger." Ohio : Ohio University, 2004. http://www.ohiolink.edu/etd/view.cgi?ohiou1090266448.

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13

El-Ghirani, Muhammad M. "The law of charterparty with particular reference to Islamic law." Thesis, Glasgow Caledonian University, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326621.

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14

Shabana, Ayman. "Customary implications in Islamic law the development of the concept of ʻurf in the Islamic legal tradition /". Diss., Restricted to subscribing institutions, 2009. http://proquest.umi.com/pqdweb?did=1905705581&sid=4&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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15

Mustapha, Nadira. "Muhammad Hamidullah and Islamic constitutional law." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33916.

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The socio-political tranquility of Hyderabad-Deccan preceding 1948 facilitated much educational and cultural advancement. This rapidly developing environment provided Hamidullah with the ideal opportunity for educational growth, having earned five degrees related to the field of law by the age of 28 in 1936. He began writing at age 18, and thereafter he dedicated his life to literary pursuits. Today, he has written over 100 books and 900 articles; he speaks over 20 languages and writes in over 10 languages. Along with one of his major areas of focus, Islamic constitutional law, he has written
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16

Noble, Deborah Rice. "The principles of Islamic maritime law." Thesis, SOAS, University of London, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.308077.

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17

Ruslan, Md Khalil. "Ḥawādith Ṭāri'a in Islamic commercial law." Thesis, University of Edinburgh, 2000. http://hdl.handle.net/1842/22609.

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In the face of the desire to re-establish the <i>sharī<sup>c</sup>a</i> in commercial activity, study of new perspectives in <i>fiqh</i> is a crucial part of modern Islamic legal thought. This study deals with <i>hawādith tāri'a</i>, one of the new legal terms in <i>fiqh </i>which is concerned with the status of a contract in commercial transactions. Despite the fact that <i>hawādith tāri'a</i> is usually considered in Western sources as coming under the law of contract, this study is confined to the Islamic legal category of commercial transactions. Therefore, this study begins by conside
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18

Baderin, Mashood A. "Modern Muslim states between Islamic law and international human rights law." Thesis, University of Nottingham, 2001. http://eprints.nottingham.ac.uk/10964/.

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This thesis examines the important question of whether or not Islamic law and international human rights are compatible and whether Muslim States can comply with international human rights law while they still adhere to Islamic law. The traditional arguments on the subject are examined and responded to from both international human rights and Islamic legal perspectives. The thesis formulates a synthesis between two extremes and argues that although there are some differences of scope and application, that does not create a general state of dissonance between Islamic law and international human
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19

Ismail, Muhammad-Basheer Adisa. "Islamic diplomatic law and international diplomatic law : a quest for compatibility." Thesis, University of Hull, 2012. http://hydra.hull.ac.uk/resources/hull:7135.

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Most literatures on international law have been observed to neglect or give scanty attention to the contribution of Islamic law towards the development of modern international law, particularly the principles relating to the diplomatic immunity and privileges. It has often been maintained, especially by some Western commentators that there is no modicum of materiality between Islamic siyar and the rules of conventional international law; as such, Islamic law has nothing to offer the international legal system. The current spades of global terrorism which are allegedly perpetrated in the name o
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20

Almansoor, Mohamed Ali Saleh. "Political rights of women in Islamic law, international law and the United Arab Emirates law." Thesis, Glasgow Caledonian University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395790.

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21

Denson, Razaana. "A comparative exposition of Islamic law relating to the law of husband and wife." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/19564.

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Notwithstanding the enactment of the Constitution of the Republic of South Africa, 1996 the recognition of systems of religious, personal or family law for certain cultural and religious groups has either been limited or is virtually non-existent. To this extent, marriages concluded in terms of Islamic rites do not enjoy the same legal recognition that is accorded to civil and customary marriages. Non-recognition of Muslim marriages means there is no legal regulatory framework to enforce any of the consequences that arise as a result of the marriage, or any orders that are made by the Ulama, t
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22

Hussin, Iza R. "The politics of Islamic law : local elites, colonial authority, and the making of the Muslim state /." Thesis, Connect to this title online; UW restricted, 2008. http://hdl.handle.net/1773/10783.

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23

Elkhalifa, Abdel Rahman Ibrahim. "Development and future of English Law and Islamic Law in the Sudan." Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=97844.

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This thesis addresses The Development and The Future of English and Islamic Law within the given historical, political, social and legal context of the Sudan. In so doing it uses a comparative methodology. Part I highlights the genesis and the development of Islamic Law in the Sudan over three centuries. Emphasis is on the legal aspect of this long history, though other relevant factors are highlighted as well. The characteristics of this era are significant in understanding later developments of both English and Islamic Law as well as their future in the Sudan. Part II focuses on the factors
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24

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 - LLD<br>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 success
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25

Bsoul, Labeeb Ahmed. "International treaties (muahadat) in Islam : theory and practice in the light of siyar (Islamic international law)." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19495.

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This dissertation seeks to explain the viewpoint of Islamic international law {siyar) with respect to the various aspects of treaties {mu'abadat) with non-Muslims. The siyar deals with (the notion) of mutual relations between Muslims and non-Muslims during times of war and peace, and thus has become an intrinsic branch of the Shari'a. The varying nature of siyar and its changing interpretation throughout Islamic history captured the attention of a number of jurists and historians from both the classical and modem times, whose works have been frequently consulted throughout this study. In the c
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26

Jonas, Nina E. "The role of witnesses in the procedural law of Ḥudûd /". Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64000.

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27

Manjikian, Sevak. "Islamic Law in Canada: Marriage and Divorce." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102836.

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Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection o
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28

Al-Dawoody, Ahmed Mohsen. "War in Islamic Law : justifications and regulations." Thesis, University of Birmingham, 2009. http://etheses.bham.ac.uk//id/eprint/382/.

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This study examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. It studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war, specifically, whether Islamic law sanctions “holy war”, offensive war or only defensive war. It discusses international armed conflicts, i.e., war against non Muslims, in the first four chapters: Chapters One, Two and Three treat the justifications for war in the Sīrah biographies of the Prophet)literature, Tafsīr (e
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29

Nik, Wajis N. R. "The crime of hiraba in Islamic law." Thesis, Glasgow Caledonian University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.294643.

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30

Lopushok, Jennifer N. C. "Unsought protection Byzantine Christians under Islamic law /." Theological Research Exchange Network (TREN), 2008. http://www.tren.com/search.cfm?p015-0475.

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31

Young, Walter 1972. "Stoning and hand-amputation : the pre-Islamic origins of the ḥadd penalties for zinā and sariqa". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98593.

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Determining whether stoning for adultery and hand-amputation for theft were practiced in pre-Islamic Arabia represents the first phase in exploring the origins and evolution of these penalties in Islamic law. Should both punishments prove to predate Islam, then it would appear the Qur'an broke with stoning and confirmed amputation of the hand. An extensive survey of pre-Islamic, Near Eastern legal materials in search of parallel penalties has thus been attempted in this thesis. Remarkably, not only stoning and hand-amputation, but nearly the entire range of Islamic adultery and theft legislati
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32

El-Saadouni, Raed. "The liability of groups of companies in Islamic law : a comparative study with common law." Thesis, University of Stirling, 2013. http://hdl.handle.net/1893/18619.

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Groups of companies offer considerable economic and practical advantages over other forms of business organizations. However, the phenomenon creates a long list of problems in terms of antitrust law, tax law, labour law, corporate law, and in the case of international companies, conflict of laws. National laws do not provide a complete solution to these problems because groups of companies are still governed by traditional corporate law, which is designed to govern single independent companies. On the other hand, harmonization of the law of corporate groups across Common legal systems is neith
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33

Gabriel, Mark A. "Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law." Doctoral thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/23724.

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International human rights laws are grossly violated by the hudud ordinances, with their extremely cruel punishments, including stoning for adultery, beheading for apostasy, and amputation for theft. Pakistan, Sudan, Brunei Darussalam and Saudi Arabia, for example, follow the doctrines of the four main Sunni schools of jurisprudence and enforce hudud ordinances, thereby violating some of the core international human rights law instruments to which they are State Parties. Orthodox Muslims generally defend the hudud ordinances, claiming that they are divine and immutable. This study refutes the
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34

Ibrahim, Ahmad Basri Bin. "Kidnapping and hostage-taking in malaysian law and Islamic law : A comparative study." Thesis, University of Birmingham, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497558.

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35

Hamzah, Dawood Adesola. "Impact of international law on the application of Islamic law in Saudi Arabia." Thesis, SOAS, University of London, 2015. http://eprints.soas.ac.uk/23661/.

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Individual sovereign states are the basic building blocks of the international legal system. Traditionally, states were considered to be absolutely sovereign in the sense that they were legislatively independent and entered into treaty relations that promoted their interests as defined by themselves. This was the basic traditional vision of international law as a noninterventionist system in the domestic law-making of individual nation-states. But the legal regime of contemporary international law has grown beyond this vision, whereby the absolute sovereignty of modern nation-states has steadi
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36

Darvish, Khadem Bahram. "The elements of fraudulent misrepresentation under English law with some indication of Shi'i Ithna Ashari law." Thesis, University of Aberdeen, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245841.

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This work will cover in detail the issues of representation, falsity, factuality, materiality, fraud, inducement and damage. It will also examine other important issues such as exceptions to the rule requiring factuality, exceptions to the rule requiring materiality (plus the general trend of the current law), the rationale behind the factuality rule, the rationale behind the materiality rule, different ways of making a misrepresentation, partial misrepresentation, gross negligence not necessarily amounting to fraud, the theory of continuity of representation, burden of proof, the need for not
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37

Abalkhil, Waleed Abdulaziz Abdullah. "Islamic finance in Saudi Arabia : developing the regulatory framework." Thesis, University of Exeter, 2018. http://hdl.handle.net/10871/33596.

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Saudi Arabia and Islam have had a very close relationship since the establishment of Saudi Arabia. Thus, Saudi Arabia chose Islam to govern all its laws. Since 1952, with the discovery of oil, the country has witnessed a huge development including the establishment of the Saudi Arabian Monetary Authority (SAMA) as a Central Bank. SAMA was expected to only allow financial activities that did not conflict with the teachings of Islamic law, as stated in its Charter. However, since its existence, SAMA has supervised and licensed conventional banks that charge Riba (interest or usury) and all the r
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38

Sharqāwī, Ṣafīyah ʻAbd al-ʻAzīz. "al-Takyīf al-sharʻī li-sharikāt al-muḍārabah al-Islāmīyah wa-al-āthār al-mutarattibah ʻalayhā". al-Qāhirah : Dār al-Nahḍah al-ʻArabīyah, 1991. http://books.google.com/books?id=O4IxAAAAMAAJ.

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39

Taizir, Aswita. "Muḥammad ʻAbduh and the reformation of Islamic law". Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26336.

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This thesis examines Muhammad 'Abduh's ideas on Islamic Law, and the extent to which his writings influenced subsequent Muslim reformers in the sphere of law. The study focuses on 'Abduh's views on ijtihad and its application in modern society.<br>The principle of ijtihad, as practised by 'Abduh, was not dependent upon the opinions of previous scholars. A leading reformer of Islamic law (1849-1905), 'Abduh rejected taqlid which in nineteenth century Egypt was the rule of the day. Scholars in his day adhered to the books of their respective madhhabs to the extent of choosing to ignore the main
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Badr, Yasmine. "The foetus in Sunnī Islamic law : an introduction." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33868.

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The foetus and its legal status in Sunni Islamic law constitute the topic of this thesis. This topic was chosen due to two main reasons. First, it is a topic of great social relevance, particularly with regards to the issues of abortion, ensoulment and foetal rights. Second, it is a topic that has received scant scholarly attention. Indeed, we find that many scholars deal with issues related to the foetus such as inheritance, bequests and blood-money inter alia in their discussions of such issues. We do not find a work concentrating solely on the foetus, thereby gathering many rulings concerni
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Jindani, Mohamed. "The concept of dispute resolution in Islamic Law." Thesis, University of Wales Trinity Saint David, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503608.

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Nakissa, Aria Daniel. "Islamic Law and Legal Education in Modern Egypt." Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10523.

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This dissertation examines the transmission of Islamic legal knowledge in modern Egypt. It is based on two years of ethnographic fieldwork in Cairo among formally trained Islamic scholars. With governmental permission, I was able to attend classes at both al-Azhar’s Faculty of Sharīʿah and Cairo University’s Dār al-ʿUlūm. I also participated in the network of traditional study circles operating in and around al-Azhar mosque. Combining ethnographic data with extensive archival research, I trace the effects of government-led initiatives over the past century and a half to reform traditional reli
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Ahdash, Mohamed Ali. "Foundations and conditions of copyright in Islamic law." Thesis, University of Wales Trinity Saint David, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504251.

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This thesis presents a study on the legal and moral foundations of copyright in the "Shari'a" (Islamic Law), with reference to various schools of "figh" (Islamic Jurisprudence). By following the methodological principles and proofs in the sources of Shari 'a, the study provides the main authoritative groundings for copyright. Examination of copyright in the Shari 'a was performed by collecting and investigating the available references and citations relating to the subject. The material was obtained from various Islamic sources and through the fiqh terminology. Accordingly, the concepts of "ha
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44

Awang, A. R. "The status of the dhimmi in Islamic law." Thesis, University of Edinburgh, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384154.

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This study concerns mainly with the status and position of dhimmi in various aspects of Islamic law. It is an attempt to survey the legal status of dhimmi in the scattered writings of Muslim jurists, and tie them up systematically in a one work. The Introduction deals with the purpose of the inquiry, the scope, and the relevant literature of the " thesis. In Chapter One the Muslim conception of the world, or Islamic law of nations; viz. dar al-Isläm, d8r alh" arb. dgr al-'ahd. is analysed as is the nature of the relationship among those states, and category of non- Muslims. Chapter Two is devo
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Turuk, N. V. "The introduction of Islamic criminal law in Libya." Thesis, Сумський державний університет, 2013. http://essuir.sumdu.edu.ua/handle/123456789/33868.

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As soon as Gaddafi, through a military coup d’etat, had seized power in 1969, he made it clear that Islam would be an important source of inspiration for him. He almost immediately banned alcoholic beverages and, from 1971, he introduced legislation laying down that stipulations of interest were null and void. In the same year a committee was set up to prepare the Islamisation of the Libyan legal system. The committee’s activities resulted in four laws with regard to the hard crimes and related offences, enacted between 1972 and 1974. When you are citing the document, use the following link ht
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Moosagie, Mohammed Allie. "Islamic law and social change : a legal perspective." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/15878.

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Includes bibliographies.<br>My thesis attempts, in the first instance to ascertain whether Islamic legal theory (usul) has made provisions for the accommodation of changing social exigencies. If such provisions have been made, are they adequately employed to achieve optimum benefit? In the second instance, the Islamic judicial process of discovering and formulating the Divine law and the elements that contribute towards it is subjected to scrutiny to ascertain whether it is proceeding according to the general provisions made for it in terms of the principles of the law or, whether this crucial
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Abohajer, Mohamed Salah. "Water resources and their conservation in Islamic law." Thesis, University of Wales Trinity Saint David, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.683085.

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48

Haji, Hassan Abdullah Alwi. "Sales and contracts in early Islamic commercial law." Thesis, University of Edinburgh, 1986. http://hdl.handle.net/1842/19819.

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Hashim, A. "The rights of the suspect and the accused under Islamic law and Malaysian law." Thesis, University of Birmingham, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.494025.

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Noor, Fauziah Mohd. "Agricultural law - A comparative study between Islamic law and Malaysian law, with special reference to paddy cultivation in Malaysia." Thesis, University of Birmingham, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497556.

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