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Dissertations / Theses on the topic 'Rule of law. Islamic law'

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Published: 4 June 2021
Last updated: 18 February 2022

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1

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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2

Ramlee, Zulfakar. "The role of Al-Qarinah (circumstantial evidence) in Islamic law of evidence : a study of the law in Malaysia, with reference to the rules and principles of English law." Thesis, Glasgow Caledonian University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388283.

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3

Mohammadi, Mohammad. "Legitimacy of power in the constitution of the Islamic Republic of Iran." Thesis, University of Bradford, 1998. http://hdl.handle.net/10454/4345.

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Over the few years that led to the creation of the constitutional law of the Islamic republic of Iran, I (the author) noticed a series of ambiguous and often contradictory points in its contents. Discovering the roots and the causes of such contradictions became my priority. After the Iranian Revolution (1979) intellectuals were confronted with very new experiences. For example, Shi'ah has always been a minority in the history of Islam. Therefore, Shi 'ah Fuqaha never experienced direct rule over people. Direct pressures from this new experience brought about the desire and the need for a shif
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4

Neumeister, Christian C. "The Emiratization of Shari'a: Islam, Modernization and the Legal System of the United Arab Emirates." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1142.

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The United Arab Emirates' legal system has developed though the continued negotiation between the Shari’a and the Civil Courts over the spheres of criminal law and commercial law. The framework that has emerged, as a result of regime politics and Supreme Court rulings, provides the regime the flexibility to continue their commercial development and integration into the modern global economy, while retaining the domestic authority structures that legitimate their power.
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5

Thani, Ahmed Abdulla Farhan. "The projected Arab Court of Justice : a study to its draft statute and rules, with specific reference to the International Court of Justice and principles of Islamic Shariah." Thesis, University of Glasgow, 1999. http://theses.gla.ac.uk/1571/.

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The present thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and the reasons that are delaying the creation of the ACJ and the role it will be expected to play in settling inter-Arab disputes. In the second chapter comprehensive information on the function of the judicial power in Islamic Shariah is presented, including the status of judges in Islam, their ap
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6

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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7

Greiss, Mourad. "Evaluating the influence of EU competition rules and Islamic principles on the treatment of abuse of dominance under Egyptian competition law." Thesis, University of Sussex, 2011. http://sro.sussex.ac.uk/id/eprint/7581/.

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Egypt faced three central pressures to introduce its own competition law in 2005: first, EU/Egypt trade relations, second, introduction of the 1991 privatisation programme and third, its long-term desire by virtue of its Constitution to follow Islamic principles that condemn monopoly. However, Egypt was not forced to transplant EU rules as a result of EU/Egypt trade relations, although it is implicit that the EU deems it desirable to do so. By employing the functional method of comparative law for the purposes of the study on EU, Islamic, and Egyptian laws, the central argument of this thesis
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8

Alkhezaimy, Ahmed Ali. "The rule of law debate in the Arab countries : the case of the UAE constitution beyond the polarity of either modernity or Islam." Thesis, Birkbeck (University of London), 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.498229.

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9

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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10

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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11

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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12

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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13

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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14

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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15

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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16

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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17

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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18

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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19

Humphreys, S. J. "Theatre of the rule of law : an inquiry into transnational rule of law promotion." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.604783.

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The thesis concerns a burgeoning field of practice – the financial and programmatic support for legal and institutional reform across borders, now generally known as ‘rule of law promotion’. The thesis aims to describe what might be called the ‘latent theory’ of the rule of law field: what kind of world is imagined in these programs (and the literature they have generated), and how do donors and funders go about making that world a reality. Given how heavily the field has come to rely on ‘the rule of law’ as its guiding rhetoric, my thesis is also concerned with the changing parameters of the
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20

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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21

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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22

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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23

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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24

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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25

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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26

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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27

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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28

Humphreys, Stephe. "El teatro del rule of law." IUS ET VERITAS, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/122932.

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29

Maswanganyi, Mbhambhali Patson. "Rule of law in South Africa." Thesis, University of Limpopo, 2010. http://hdl.handle.net/10386/483.

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Thesis (M.LAW) --Univesity of Limpopo, 2010<br>This study investigates the operation and application of the rule of law in South Africa from the colonial era to the new constitutional dispensation. The study also investigates the relationship between the rule of law and the modern conception of constitutionalism.
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30

Rangelov, Iavor. "Nationalism and the rule of law." Thesis, London School of Economics and Political Science (University of London), 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.578061.

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31

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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32

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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33

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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34

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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35

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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36

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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37

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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38

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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39

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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40

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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41

Saidi, Azbeg Hynd. "Processus de démocratisation et monarchie constitutionnelle au Maroc." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0352/document.

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L’ouverture politique au Maroc a été rendue possible suite à certains facteurs dont des évènements externes et d’autres internes, mais elle ne peut être dissociée de la volonté monarchique d’engager le pays dans un processus de démocratisation afin de renforcer l’Etat de droit.Après s’être rendu compte de l’impératif d’une conciliation de la monarchie constitutionnelle et de la démocratie, le Maroc semble désormais donner plus de priorité aux principes démocratiques. Si le pays a longtemps sombré dans un autoritarisme absolu, les différentes réformes engagées ces dernières décennies vont dans
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42

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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43

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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44

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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45

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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46

Eka, Andreas. "Upholding the Rule of Law in the EU : Conditionality for EU Funds to Combat Rule of Law Violations?" Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-352217.

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47

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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48

Mehta, Dhvani. "The environmental rule of law in India." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a.

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This thesis offers a new conceptual framework - the environmental rule of law - to describe weaknesses in the development of Indian environmental law, and uses this description to critique the dominant discourse on environmental institutional reform. A secondary framework-fragmentation is also used to supplement the analysis of Indian environmental law. Part I develops the conceptual framework of the environmental rule of law by considering the special challenges that the inherent polycentric and interdisciplinary nature of environmental law present for commonly understood rule of law values s
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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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50

Simpson, Andrew Joseph. "Constructivism, Normativity, and the Rule of Law." Thesis, The University of Arizona, 2013. http://hdl.handle.net/10150/297759.

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Why care about what the law has to say? It aims to guide our actions, but its grounds for doing so are not clear. Many will cite moral grounds: the law is good, we have a duty to follow it. Others will simply appeal to negative consequences that follow from failing to heed its commands. Here, I want to sketch out a answer to the question in the tradition of legal positivism by using the machinery of ethical constructivism. I will begin by outlining the history of the debate over legal normativity. I will then proceed to lay out what Sharon Street has characterized as restricted constructivism,
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