Academic literature on the topic 'Legal instruments (Islamic law)'

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Dissertations / Theses on the topic "Legal instruments (Islamic law)"

1

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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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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Hassan, Hussein. "Contract theory : views from the Islamic legal system." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365481.

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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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Ismail, Muhammed Imran. "Legal stratagems (hiyal) and usury in Islamic commercial law." Thesis, University of Birmingham, 2010. http://etheses.bham.ac.uk//id/eprint/1325/.

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This thesis investigates the subject of legal stratagems \((hiyal)\) in Islamic jurisprudence, in general and more particularly the \(hiyal\) used to evade the usury \((ribā) \)prohibition. The context of this thesis is the nascent Islamic finance industry in which these \(hiyal\) play a leading role. The \(hiyal\) have been appropriated from the classical Islamic legal corpus without appreciating their historical contextual framework. This thesis seeks to explicate that framework and clarify the purpose and role of those \(hiyal\) as envisaged in the discourse of the classical Islamic jurists
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Zul, Kepli Mohd Yazid Bin. "Islamic finance & maritime trade: economic, legal and regulatory challenges." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B50534038.

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Rapid development and commercialization within the emerging field of Islamic finance are strong evidence of its sustainability. The Islamic finance industry has experienced remarkable growth, more than US$1 trillion in just 40 years.This consistent growth and the industry’s proven ability to safely navigate global recession and financial crisis while still coming up with innovative products indicate its resilience and competitive edge. Its gradual adoption into the financial portfolios of important financial centres including London, Singapore and Hong Kong is further evidence of its promisin
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Ibrahim, Bilal. "The evolution of the rule of law : the origins and function of legal theory." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98935.

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The thesis examines the origins and function of legal theory ( usul al-fiqh) within the context of the development of early Islamic law. I argue against the depiction of the development of law as a series of compromises between traditionalism and rationalism. Rather, by evading the demands of traditionalism, law evolved into a complex doctrinal entity rooted in the social structures of third-century Abbasid society. This revision of the development of law provides a context to evaluate early works of legal theory. Moreover, in context of my analysis of the development of law, I attempt to expl
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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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Rattu, Muhammad Umer. "Exploring legal, regulatory and shari‘ah compliance issues in Islamic financial instruments : derivatives and sukuk." Thesis, Durham University, 2013. http://etheses.dur.ac.uk/7349/.

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In general derivatives, futures, options and swaps are considered against the principles of shari‘ah for various reasons, such as the absence of asset-backed deals, dealing in prohibited transaction of debt, presence of element of gharar (uncertainty), gambling, absence or non-existence of subject matter, Short-Selling, sale of subject-matter without prior acquiring of possession or constructive possession, ghabn (market price manipulation), ‘ina (sale and buy-back), tawarruq (multiple buy-back sales involving no actual asset transfer), amongst others. In the recent past there have been attemp
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Rahman, Suhaimi Ab. "The Classical Islamic law of guarantee and its application in modern Islamic Banking and legal practice." Thesis, Aberystwyth University, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497033.

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