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

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Published: 4 June 2021
Last updated: 1 February 2022

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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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Minhaji, Akh. "Ahmad Hassan and Islamic legal reform in Indonesia (1887-1958)." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ30339.pdf.

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12

Alfaghi, Latifa. "The application of Quranic legal verses in contemporary times : Ijtihad in practice." Thesis, University of Wales Trinity Saint David, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.683071.

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13

Sugiono, Sukiati. "Islamic legal reform in twentieth century Indonesia : a study of Hazairin's thought." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64198.pdf.

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14

Al-Hajri, Ali Bin Ghanim Ali Al-Shahwani. "The Iraqi invasion of Kuwait and the legality of its claims in international law and Islamic international law." Thesis, University of Kent, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360983.

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15

Al-Ghazawi, Loai Azmi. "The legal status of Jerusalem in Islamic Fiqh (jurisprudence) and international law." Thesis, Glasgow Caledonian University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340613.

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16

Samour, Nahed. "Judge and Jurisconsult - Coercive and Persuasive Authority in Islamic Law." Doctoral thesis, Humboldt-Universität zu Berlin, 2021. http://dx.doi.org/10.18452/22264.

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Judge and Jurisconsult – Coercive and Persuasive Authority in Islamic Law (Richter und Rechtsberater- Zwingende und überzeugende Autorität im Islamischen Recht) Wer spricht das Recht in der islamischen Rechtsprechung? Die islamische Rechtsgeschichte konzentrierte sich lange auf den Einzelrichter (qadi) als Inbegriff der Rechtsprechung. Der Richter handelte jedoch nicht als einzige Verkörperung der Rechtsprechung. Ein Justizpersonal unterstützte seine und arbeitete von einer ihm unterstellten Position aus. Darüber hinaus hat der gelehrte Rechtsberater (mufti) die Rechtsprechung durch überei
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17

Maranlou, Zahra. "Access to justice : what do Iranian women think about their law and legal system?" Thesis, University of Warwick, 2011. http://wrap.warwick.ac.uk/53808/.

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This study was conducted in Iran (Tehran) to assess perceptions of women with regard to access to justice. Its aims are firstly to provide original evidence about user perceptions of access to justice, and to contribute to related national/international debates and body of literature. The research reviews some of the literature in the field of access to justice to highlight similarities and gaps between contextual framework of Islamic and Western correlated legal concepts including definitional analysis in support of and/ or against access to justice model worldwide. Consideration was also giv
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18

Temnenko, Zeyneb. "Religion in the Legal Systems of Turkey and Morocco." Master's thesis, Temple University Libraries, 2012. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/281842.

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Religion<br>M.A.<br>In this Master's thesis, I plan to compare the following aspects of religious life in Morocco and Turkey: - the way religion (Islam) is regulated on the official level, - the way religious secondary education functions (imam-hatip schools in Turkey and madrasahs in Morocco), - the way women's rights are regulated. I also plan to compare the religious legislation that the Moroccan and Turkish governments have passed. In my work, I will use both primary sources such as constitutions, laws and other legal documents in their original French and Turkish languages, and also seco
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19

Shirzad, Morteza. "A socio-legal study of judicial independence in the Islamic Republic of Iran." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/22684/.

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20

Rasyid, Amhar. "Some Qurʾānic legal texts in the context of Fazlur Rahman's hermeneutical method". Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26318.

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This thesis is an attempt to analyze Fazlur Rahman's hermeneutical method: his theory of the divine revelation of the Qur'an and its application to the case of zakat (alms) and riba (usury) in particular. Rahman's theory is firmly in touch with reality and he proposes a well-argued system of Qur'anic methodology. Theoretically, he seeks to determine the general principles behind the Qur'anic legal texts, since the latter were contextualized by time and place while the former are universal and eternal. Practically, Rahman calls Muslims to an intellectual jihad in the effort to reformulate the Q
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21

Talbot, Karmen E. "Arguments against the Sunnī legal methodology : Ibn Ḥazm and his refutation of qiyās". Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66135.

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22

Razik, Mohamed Haniffa Mohamed. "A perspective on Islamic legal methodology in terms of objectives of law : a comparative analysis with special reference to English equity and Istihsān." Thesis, University of Wales Trinity Saint David, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.683365.

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23

Awass, Omer. "FATWA: THE EVOLUTION OF AN ISLAMIC LEGAL PRACTICE AND ITS INFLUENCE ON MUSLIM SOCIETY." Diss., Temple University Libraries, 2014. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/259501.

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Religion<br>Ph.D.<br>My dissertation examines the transformation of Islamic legal discourse and the impact of that discourse on Muslim society. More particularly, it analyzes fatwas (religious legal edicts) over the course of Muslim history so as to determine how this legal mechanism was instrumental in the making and remaking of Islamic law and society. Historically speaking, substantive aspects of Islamic law developed out of the material of fatwas. In the very early stages of Islamic history there were no codified laws to guide people in their religious and social concerns, but the manner i
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24

Lubis, Nazly Hanum. "Al-Ṭūfī's concept of Maṣlaḥah : a study in Islamic legal theory". Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23341.

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This thesis studies a method of legal reasoning used in determining legal rulings guided by the principle of maslahah (public interest), promulgated by a liberal thinker of the medieval period, Najm al-Din al-Tufi (d. 710/716 A.H.). His theory of maslahah is not confined only to cases which have no textual basis but is also applied to those problems that come within the purview of the revealed texts. His theory of maslahah is, no doubt, unique and original. He prefers to place maslahah above all legal sources, including the Qur'an and the Hadith which, according to him, cannot lead people to u
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25

Almajid, Walid. "The legal enforceability of contracts made by electronic agents under Islamic law : a critical analysis of the effectiveness of legal reform in Saudi Arabia." Thesis, University of Central Lancashire, 2010. http://clok.uclan.ac.uk/1522/.

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The aim of this dissertation is to analyse whether contracts made by electronic agents1 might be made enforceable under Islamic law. It discusses what constitutes an enforceable contract under Islamic law and whether this is applicable when a contract is made by an electronic agent. The enforceability of these contracts under Islamic law is especially important in the Kingdom of Saudi Arabia (KSA) where Islamic law constitutes the legal system. Ignoring the doctrine of Islamic law in relation to the enforceability of these contracts could, therefore, fundamentally affect the future viability o
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26

Bakar, Mohd Daud. "Conflict of law and the methodology of Tarjīẖ : a study in Islamic legal theory". Thesis, University of St Andrews, 1993. http://hdl.handle.net/10023/6421.

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Islamic law never achieved unity but expressed itself in, at least, four surviving schools. More interestingly, contemporary Muslim communities are still divided among themselves on a number of issues related to their laws. This work describes how problem of legal conflicts have been tackled by Muslim jurists. It is an attempt to examine closely the phenomenon of conflict in Islamic law from the standpoint of usūl-al-fiqh or Islamic legal theory. In fact, much is heard nowadays of the contradiction in the body of Islamic law. Whilst in contrast, little is presented in terms of the methodology
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27

Ercanbrack, Jonathan G. "The law of Islamic finance in the United Kingdom : legal pluralism and financial competition." Thesis, SOAS, University of London, 2011. http://eprints.soas.ac.uk/13598/.

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The extant literature concerning the Law of Islamic Finance (LIF) is dominated by illustrations of Islamic financial contracts and critiques of the way in which the sharia has been circumvented. Much less emphasis has been placed on understanding the regulatory and financial environment in which the LIF is formed and practiced. This thesis considers the challenges in formulating and implementing a modern, transnational LIF in the conventional financial and legal environment and offers solutions to these problems. It demonstrates the way in which the classical sharia is transformed by these cha
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28

Setrakian, Aida Alice. "Armenians in the Ottoman legal system (16th-18th centuries)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99600.

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This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Arm
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Mosmar, Mohammed Ghaith Ali. "Civil liability in the Jordanian Civil Code : a comparative study with the Shari'a." Thesis, SOAS, University of London, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267513.

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30

Ramic, Sukri Husayn. "Linguistic principles in Usul al-fiqh and their effect on legal reasoning in Islamic law." Thesis, University of Wales Trinity Saint David, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504414.

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This present study deals with the linguistic principles that are used in the process of legal reasoning in Islamic law. These linguistic principles represent an important branch of the science of usu1 al-fiqh on its part represents the theoretical basis for the Shari ah and indisputable foundations upon which the whole structure of Islamic law is built. It is a unique study in the sense that no similar work, as far as we know, is available and its comparative and analytical approach has not been presented before. This study is divided into four parts. The first part deals with the linguistic p
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31

Zakariyah, Luqman. "Applications of legal maxims in Islamic criminal law with speciual reference to Shariah law in northern Nigeria (1999 - 2007)." Thesis, University of Wales Trinity Saint David, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504249.

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32

Shaleh, Ahmad Syukri. "Ibn Taymiyya's concept of istiḥsān : an understanding of legal reasoning in Islamic jurisprudence". Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23241.

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This thesis studies the theory of istihsan, an aspect of Islamic legal reasoning, as a method for ascertaining the legal norm in cases where qiyas dictates an overly strict ruling. The study primarily focuses on the concept presented by Ibn Taymiyya (d. 728/1328), a prominent Muslim theologian, philosopher, sufi and outstanding jurist. Placed in the context of later development, Ibn Taymiyya's theory proposes both a criticism and reformulation of the Hanafi school's perception of istihsan. Having observed previous formulations, Ibn Taymiyya sees this theory as being understood as an arbitrary
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33

Akhtar, Rajnaara C. "British muslims and transformative processes of the Islamic legal traditions : negotiating law, culture and religion with specific reference to Islamic family law and faith based alternative dispute resolution." Thesis, University of Warwick, 2013. http://wrap.warwick.ac.uk/57689/.

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This cross disciplinary socio-legal research study provides a unique contribution to the study of British Muslims, faith based ADR mechanisms and the state. The existence of informal religio-centric dispute resolution forums exemplifies a form of legal pluralism in action. The study investigated the approach to Islamic family law and dispute resolution of a sample of 250 British Muslims aged 18-45, primarily Britishborn, university educated and practicing their faith or understanding their religious obligations. Empirical research was undertaken using both quantitative and qualitative research
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34

al-Rashidi, Madyous Fallah. "The practice of Iraq and Kuwait in treaty succession : a selective approach based on the Islamic legal theory." Thesis, University of Edinburgh, 1989. http://hdl.handle.net/1842/10536.

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The practice of Iraq and Kuwait in treaty succession has significantly contributed to the development of the concept of state succession not only in Islamic law but also in international law; a contribution which advocates the paramount importance of distinguishing between succession in fact and succession in law. Greatest attention is given to the latter in this study which is divided into the following four parts: Part 1. Survey of the development of the concept of succession in fact under Islamic law and throughout the practice of the Islamic State until the advent of the latter's territori
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35

Audet, Eric. "The reforms of the Islamic legal system by the French in Morocco between 1912 and 1925 /." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59961.

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With the institution of the Moroccan Protectorate by the French in 1912, the military command had as its primary intention that of restoring law and order. Under the strong personality of the "resident general", Lyautey, a new era of "soft" political colonization was introduced in Morocco; brutish military conquests were followed by a certain cooptation process of the Moroccan elite. This association policy allowed the perception of real cooperation between the French and the Moroccans but was actually aimed at the tight regulation of the population. The efficiency of this regulation was achie
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Hakim, Ahmad. "Muḥammad ibn Idris al-Shāfiʻi and his role in the development of Islamic legal theory". Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22501.

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Muhammad ibn Idris al-Shafi'i (d. 204 H.), the subject of the present thesis, was a Muslim legist who played a central role in the development of Islamic law. He wrote the first treatise on jurisprudence in Islam, a work in which he discusses the nature and sources of Islamic law and develops a legal methodology designed to interpret those sources. Al-Shafi'is legal theory is based on two principles: an insistence on following the scripture and traditions and a restriction on the use of reason. Furthermore, al-Shafi'i established the hierarchy of the four sources of law: the Qur'an, Sunnah, ij
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37

Sharafeldin, Marwa. "Personal status law reform in Egypt : women's rights : NGOs navigating between Islamic law and human rights." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:9d389f66-f8f6-4c0a-8755-1f7d2186a1ba.

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This thesis explores the ways in which Islamic law and human rights interact within the work of women’s rights non-governmental organizations (NGOs) that advocate the reform of the Egyptian Personal Status Law (PSL) in the period between 2006 and 2010. The thesis shows the relevance of the human rights framework as well as the flexibility of Islamic legal discourse in the work of the NGOs. Drawing on both Islamic law and human rights enabled NGOs to develop a more gender-sensitive religious discourse, which supported their PSL reform demands. However the interaction between these two framework
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Hanif, Sohail. "A theory of early classical Ḥanafism." Thesis, University of Oxford, 2017. http://ora.ox.ac.uk/objects/uuid:64a8d79a-123a-493c-a864-fb2c48830e7e.

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Fiqh, literally 'deep understanding', is the science of religious law in Islam. What does it mean for an Islamic jurist to 'do fiqh'? And how does an engagement with fiqh guide a jurist to produce statements of law for particular social contexts? These are perennial questions in the field of Islamic legal studies. The current thesis offers an answer to these questions from the viewpoint of jurists from the early classical Ḥanafī tradition of Central Asia. The thesis starts with an examination of Central-Asian Ḥanafī works of legal theory to extract the underlying epistemological foundation
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Eltantawi, Sarah. "Stoning in the Islamic Tradition: The Case of Northern Nigeria." Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10318.

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This dissertation asks how it came to be that Amina Lawal, a peasant woman from Northern Nigeria, was sentenced to death by stoning in 2002 for committing the crime of zinā, or illegal sexual activity, three years after full Islamic sharīah penal law began to be implemented there by way of massive grassroots demand. Each chapter examines a factor I deem necessary to explore this question. Drawing on ethnographic evidence gathered during fieldwork in Northern Nigeria, I first examine "sharīah as social text," concluding that sharīah is thought to offer the radical societal ordering and histor
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Dwairi, Orwah. "Determining the minimum legal age for marriage in Islamic Fiqh with a focus on its impact on young married women's rights : a case study of Family Law No 36 of 2010 in Jordan." Thesis, University of Aberdeen, 2015. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=226815.

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The present thesis has been designed to discuss how the minimum age for marriage has been determined in Islamic Fiqh with a focus on the case study of the Family Law No 36 of 2010 in Jordan. It is the contention of the present researcher that the marriage of minors cannot comply with the guidance of both the Holy Quran and Hadith because neither specified a clear cut minimum age for marriage. A considerable confusion exists among Muslim scholars regarding the determination of the minimum age for marriage leading to the prevalence of child marriage in some Muslim societies. This confusion has a
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41

Abbasi, Muhammad Zubair. "Sharī‘a under the English legal system in British India : Awqāf (endowments) in the making of Anglo-Muhammadan law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:c8588db9-b6a2-411b-98b2-35ba9a7a7011.

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This study analyses the treatment of Islamic law (Fiqh) under the English legal system by looking into the developments in waqf law in British India. It has the dual objective of analysing the impact of the English legal system upon Islamic law, and determining the role of various actors in this process. It argues that waqf law was transformed in order to fit into the state structure. The colonial state used the techniques of translation, adjudication, legislation and teaching in order to transform Islamic law. Adjudication was preferred over legislative codification as a mode of governance an
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42

Lukito, Ratno 1968. "Sacred and secular laws : a study of conflict and resolution in Indonesia." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102778.

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This thesis investigates the history and phenomenon of legal pluralism in Indonesia. The need to explore this topic has been urged by the revival there of Islamic law and adat law, the two greatest non-state normative orderings, in the last two decades. At the same time the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. The result has been a conception of law as a homogenous system in which the ideology of legal positivism represents the basic tool for lawmaking
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43

Karakira, Steve, of Western Sydney Macarthur University, and Faculty of Education. "Lexis versus text : the case for translating English legal texts into Arabic." THESIS_FE_XXX_KARAKIRA_ S.xml, 1997. http://handle.uws.edu.au:8081/1959.7/19.

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The thesis explores the nature of the difficulties involved in translating legal texts, focusing mainly on translating English legal texts into Arabic. It shows that these difficulties fall into two categories, structural and terminological. the latter being more problematical. The language of law is distinct, rigid, precise and too formal. The difficulty arises when a translator's exposure to the cultural and legal environments of his working languages is unbalanced. This could lead a translator to misunderstand not only the significance of the specialised terms used, but also the distinctive
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44

Yusuf, Milhan. "Hamka's method of interpreting the legal verses of the Qur'ān : a study of his Tafsir al-Azhar." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23252.

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Having been influenced by the Muslim reformist ideas championed by Muhammad 'Abduh and his colleagues, Hamka attempted to disseminate and ameliorate the reform ideas in his country, Indonesia, through the means available to him; that is by preaching and writing. He was among the most prolific contemporary authors, having written 113 books including his monumental Tafsir al-Azhar. In this commentary, Hamka has probably included the sum of his ideas particularly those pertaining to religious aspects. With regards to the religious aspects, he mostly discusses the problems of theology, sufism and
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45

Al-Ajlani, Riad. "The legal aspects of international labour migration : a study of national and international legal instruments pertinent to migrant workers in selected Western European countries." Thesis, University of Glasgow, 1993. http://theses.gla.ac.uk/954/.

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The focal point of this study is the legal rules which govern international labour migration. It attempts to explore and critically analyse the relationships between international labour migration as an economic phenomenon and the legal norms which affect and influence this process. Firstly, it underlines the importance of the legal thinking in providing adequate protection to migrant workers and members of their families. Secondly, it argues for establishing an international legal framework to regulate and harmonize the national immigration policies of States. Chapter Two examines the economi
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46

Al, Zamil Khalid M. Z. "The legal status of prisoners of war in Islamic law : assessment of its compatibility with the 1949 Geneva Convention relative to the treatment of prisoners of war." Thesis, University of Hull, 2002. http://hydra.hull.ac.uk/resources/hull:3568.

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Military confrontations in many parts of the world raise concerns regarding the treatment of prisoners of war. Whilst the regime of prisoners of war under international law is clearly codified in the 1949 Geneva Convention relating to the treatment of prisoners of war, questions arise, particularly from western thinkers, regarding their treatment under Islamic law. This thesis attempts to fill this gap in the literature. The legal status of prisoners of war as presented in the Quran and Sunna and interpreted by prominent Islamic scholars is analysed and compared with the Geneva Convention prov
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47

Al-Azem, Talal. "Precedent, commentary, and legal rules in the Madhhab-Law tradition : Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ". Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:79f46ee8-df8c-42e3-8757-298d4029b090.

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This thesis examines the role that scholarly digests and commentaries played in the formation of legal rules in the Muslim legal institution known as the madhhab. I posit that a shared approach to legal rule-determination, and the respect of juristic precedent that it entails, underlies the jurisprudential processes of all of the four post-classical Sunni madhhabs (the Ḥanafī, Mālikī, Shāfi'ī, and Ḥanbalī), and unites them in a wider ‘madhhab-law tradition’. Taking the Ḥanafī madhhab as a case study, the thesis analyses a commentary written by the late Mamluk jurist Ibn Quṭlūbughā (d. 879/1474
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48

Omar, Muhammad Naim. "The concept of impediments to legal capacity (awarid alahliyyah) in Islamic Law of contract and the Egyptian Civic Code of 1948." Thesis, University of Wales Trinity Saint David, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503585.

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49

Obiedat, Ahmad Z. "Uṣūl al-fiqh hermeneutics as reflected on the debate on human cloning : a critical analysis of contemporary Islamic legal discourse". Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=79968.

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This thesis discusses the prohibition of human cloning in contemporary Islamic legal discourse, which relies on two distinct doctrines: the first seeks support in the Qur'anic text, while the second depends on method of utilitarian legal hermeneutics (al-istiṣlaḥ ). These doctrines are examined by comparing them to the method that contemporary Islamic legal discourse adopts, namely, uṣul al-fiqh. When this is done, a discrepancy emerges in the first doctrine that traces this prohibition back to the text of revelation, which in turn requires further clarification of the foundations of h
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50

Abdulkadir, Abdulkadir Hashim. "Reforming and retreating: British policies on transforming the administration of Islamic Law and its institutions in the Busa‘idi Sultanate 1890-1963." Thesis, University of the Western Cape, 2010. http://hdl.handle.net/11394/1651.

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Magister Legum - LLM<br>After the establishment of the British Protectorate in the Busa‘idi Sultanate in 1890, the British colonial administration embarked on a policy of transforming the administration of Islamic law and its institutions which included the kadhi, liwali and mudir courts. The ultimate objective of the transformation process was to incorporate such institutions into the colonial enterprise and gradually reform them. Within a span of seven decades of their colonial rule in the Busa‘idi Sultanate, the British colonial authorities managed to transform the administration of Islamic
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