75 research outputs found

    The application of Shari’ah and international human rights law in Saudi Arabia

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    This thesis was submitted for the degree of Doctor of Philosophy and was awarded by Brunel UniversityThe present dissertation provides an analytical and comparative study of the application of Islamic law (Shari’ah) and international human rights law in the Kingdom of Saudi Arabia. It provides an analysis of the sources of Islamic law as well as the sources of international law to set the background for analysis and defines the nature of both laws. It also tackles the subject of the domestic application of international human treaties in Saudi Arabia. In addition, it examines some reservations Saudi Arabia has entered to some of the international human rights treaties it has ratified, specifically the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). It also sheds some light on the political, cultural and religious obstacles to the realisation of norms protected by international human rights treaties in the country, and in other countries for that matter, clearly stating the impossibility of implementing the provisions of the international human rights treaties in their entirety. This is due to the various political and legal developments towards the internationalization of the concept of human rights. It observes that despite the existence of the international human rights treaties, which aim at reinforcing a universal realisation of international human rights, these rights cannot be possibly realised by all countries. To stress the importance Saudi Arabia attaches to the issue of human rights, the dissertation discusses some rights of women before Saudi courts in family matters, an issue which has been criticised by some international human rights treaties, and examines to what extent the country has managed to tackle the issue of domestic violence, particularly violence against women. It provides an overview of the major causes of domestic violence against women in Saudi Arabia, presents some cases of domestic violence before Saudi courts and sheds some light on the measures taken by the Saudi government to combat domestic violence against women. It also tackles this issue both in the international and domestic legal frameworks, clearly stating the Islamic standpoint on the issue, namely that Islamic law, and Saudi Arabia for that matter, whose laws are essentially derived from the two main sources of Shari’ah. It also discusses the common forms of violence against women in Saudi Arabia and suggests a number of recommendations towards more effective protection of women against violence in the country. The dissertation concludes by presenting a number of obstacles in the way of executing judicial decisions in the Kingdom as well as the obstacles which negatively affect the performance of the new code of law practice. It also presents some recommendations concerning personal status law obstacles and hindrances to progress and attempts to answer the research questions it has posed

    محمد سليمان عبدالله الأشقرفقيھاً ومنھجه في کتابه: ( الواضح في أصول الفقه للمبتدئين): Muhammad Suleiman Abdullah al-Ashqar and his methodology in his book: (Al-Wadih fi Usul fiqh for Beginners)

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    The article entitled: Muhammad Sulayman Abdulla as Jurists and his Methodology in the book: Explanation of the principles of jurisprudence for Beginners” is divided into two parts, one is about the services of Muhammad Sulayman Abdullah Al ashqar as a Islamic jurists and second part is about his methodology in his book entitled: Explain the principles of jurisprudence for Beginners. He was born at the village of Nablus in 1930. He earned fame as an Arabic Islamic writer and Islamic jurists as he served at various Islamic Arabic Universities as a professor of Islamic jurisprudence. He participated in various Islamic Arabic conferences seminars and chaired a lot of research committees. He was great Islamic scholar and reformers. He was died in 2009. He wrote valuable books on various topics regarding Islam. He was intelligent as he taught Holy qur’an without any teacher and became a teacher in the city of Bareeda (K S A). He worked as a merchant in the city of Riydh.(K S A). He received his higher Education in Islamic Jurisprudence from eminent Muslim Arabian Scholars like as Muhammad Ameen Al- Shanqeeti and Abdul-Azeez Bin Abdullah bin Baaz etc. He did remarkable job producing quality education and prestigious books. The article reflects his services and method of writing in this regard

    AL-RAWDH AL-ANISI ON THE GREAT OF AL-SENOSI

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    First: His name: He is the scholar, scholar, jurist, and hadeeth Ahmad bin Ahmad bin Muhammad bin Awad al-Hanbali. ( [1]) Secondly: His lineage: Al-Mardawi, then Al-Nabulsi ( [2]) Then the Egyptian Al-Azhari ( [3]) . Third: His title: Imam Allama - may God Almighty have mercy on him - was known as (Al-Maqdisi) and (Ibn Awad Al-Jun( ( [4]). Fourth: His works: and many works, the most prominent of which are (Fatah Mawla al-Mawahib Ali Hidayat al-Raghib ( [5]) . And (a footnote to the Student Handbook) ( [6]) . ([1]) Ibn Awad’s footnote on the student’s guide to achieving the demands called Fath Wahhab al-Ma’arib, the scholar Ahmed bin Ahmed bin Awad al-Maqdisi al-Hanbali (he was alive in 1180 AH), investigation: Faisal Yusuf Ahmed Al-Ali, Lataif for Publishing Books and Scientific Theses, State of Kuwait, 1st Edition, 1434 AH-2013 AD , p.:36. ([2]) Clouds of rain over the tombs of the Hanbalis, Muhammad bin Abdullah bin Hamid al-Najdi, then al-Makki (d.: 1295 AH), achieved and presented to him and commented on: Bakr bin Abdullah Abu Zaid, Abd al-Rahman bin Suleiman al-Uthaymeen, Al-Resala Foundation for Printing, Publishing and Distribution, Beirut - Lebanon, I, 1, 1416 AH - 1996 AD, 1/239; Introduction to the doctrine of Imam Ahmed bin Hanbal, Abdul Qadir bin Ahmed bin Mustafa bin Abdul Rahim bin Muhammad Badran (T: 1346 AH), investigation: d. Abdullah bin Abdul Mohsen Al-Turki, Al-Risala Foundation - Beirut, 2nd edition, 1401 AH, 6p. 22. ([3])See: Fath Wahhab al-Maarib on the student’s guide to obtaining the demands, Ahmed bin Muhammad bin Awad Al-Mardawi (T: 1140 AH), investigation: Ahmed bin Abdul Aziz Al-Jammaz, Dar Al-Khadraa Atlas for publication and distribution, 1st edition, 1432 AH-2001 AD, p.: 14. ([4])See: Ibn Awad’s footnote, p. 36 ([5])See: Umdat al-Talib to obtain the goals, Mansour bin Yunus bin Salah bin Hassan bin Idris al-Bahuti al-Hanbali (T.: 1051 AH), presented to him by: Sheikh Muhammad bin Abdul Rahman, and Sheikh Adnan bin Salem al-Naham, investigated and taken care of by: Mutlaq bin Jasir bin Mutlaq al-Faris Al-Jasser, Al-Jadeed Al-Nafi’ Foundation for Publishing and Distribution, Kuwait, 1st edition, 1431 AH, 2010 AD, p: 25. ([6])Unveiling the Books of the Companions, Suleiman bin Abd al-Rahman bin Hamdan (d.: 1397 AH), investigation: Abd al-Ilah bin Othman al-Shayea, Dar Al-Sumaie for publication and distribution, Riyadh - Saudi Arabia, 1st edition, 1426 AH - 2005 AD, p. 340

    An analytical study of the theatre of the Syrian playwright Saadallah Wannous, with particular emphasis on the plays written after the 1967 war

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    This study is an examination of the life and work of the Syrian dramatist Saadallah Wannous (1941-1997). Wannous's name is virtually unknown in the West; only two academic studies of any significance have appeared in English on this eminent and challenging writer, who was honoured by UNESCO at the end of his life. Even in the Arab world his standing rests largely upon his celebrity as a cultural icon, since professional performances of his plays are rare due to the decline of the theatre in the region, and little attention has been devoted to theatre studies by Arab academics. The two studies in English do not attempt to be comprehensive but focus on particular stages of Wannous's career. This study is, therefore, the first to encompass the full range of Wannous's work. To do so it combines an account of his life which seeks to comprehend the various forces that shaped his thinking with an analysis of his dramatic works. The study concentrates on the plays written in the years following the trauma inflicted on the Arab world by the catastrophe of their defeat in the Arab-Israeli war of June, 1967. Wannous's career can be divided into three phases: the immature plays of his young manhood which are influenced by European models and generally focus on the social condition of the individual; his middle period - the `theatre of politicisation', when his Marxist politics were the main factor shaping his drama; and his late works, which are characterised by an extraordinary freedom of thought and expression. The introduction places Wannous in his historical and sociocultural context and provides a brief background explaining the literary and theatrical traditions of the Arab world that influenced his activity as a dramatist. Each phase is then examined in turn and the plays are analysed in accordance with the focus of the study. This means that emphasis is given to the middle period, but no significant work is neglected. The study aims to trace the trajectory of Wannous's development using a variety of sources: the plays themselves, Wannous's own journalism and critical writings, interviews with his widow, his friends and colleagues, and numerous journals, books and articles, some of which contain important interviews with Wannous that shed light on his thought and ways of working. Use is also made of the two studies mentioned above. The study shows that Wannous's theatre was influenced by the key political, social and cultural developments of his time, and that he constantly sought to find forms that would express those transformations in dramatic terms

    The influence of Ibn Mas’ūd’s reports found in al-Mabsūt of al Sarakhsī on the Hanafi school of law

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    Ashâb-ı Kirâm (r.a.) Rasulüllah'ın (s.a.v.) ilk muhataplarıdır. Bu insanlar, Kur'ân-ı Kerîm ve hadis-i şeriflerde pek çok defa övülmüştür. Müslümanlar için örnek bir nesil olmuştur. Onların içinde bazısı sahabenin büyüklerinden sayılmıştır. Bir kısmı da Rasulüllah'ın (s.a.v.) ağzından cennetle müjdelenmiştir. Bunlardan on kişi aşere-i mübeşşere adıyla meşhur olmuştur. Tezimizin odağı olan Abdullah b. Mesud (r.a.) hem sahabenin büyüklerinden addedilmiş hem de bir rivayete göre cennetle müjdelenen on kişi içinde yer almıştır. Kendisi ilk Müslümanlardandır. Rasulüllah (s.a.v.) dönemindeki bütün savaşlara katılmıştır. Bütün bu meziyetleri yanında kendisinin ashap içinde öne çıktığı yönü ise ilmidir. İbn Mesud (r.a.) sahabenin fakihlerinden sayılmıştır ve bu hususta Efendimiz'in (s.a.v.) duasına mazhar olmuştur. Ayrıca günümüze kadar gelen dört fıkıh mezhebinden Hanefî mezhebinin ilmî silsilesi kendisine dayandırılmıştır. Ebû Hanife'nin (rh.a.) fıkıh ilmindeki silsilesi sırasıyla Hammad b. Ebû Süleyman, İbrahim en-Nehaî ve Alkame b. Kays vasıtasıyla Abdullah b. Mesud'a (r.a.) bağlanmaktadır. Öte yandan Hanefîler ondan gelen rivayetlere ayrı bir önem atfetmiştir. Tercihleri genelde onun tercihleri ile paralellik göstermiştir. Aradaki bu ilişkinin teorik olmadığı, bilakis pratikte birebir gözlemlendiği, işbu tezde ortaya konulmak istenmiştir. Bu amaç doğrultusunda Hanefîlerin fıkıh alanındaki temel kaynaklarından Serahsî'nin Mebsût adlı mutavvel eseri, çalışmanın merkezine alınmıştır. Zira mezkûr eser Abdullah b. Mesud'un (r.a.) fıkhını izhar eden rivayetleri içerme ve bunlar hakkında Hanefîlerin takındığı tavrı gösterme açısından büyük önemi haizdir. Bu doğrultuda, Abdullah b. Mesud'un (r.a.) el-Mebsût'ta bulunan fıkhî rivayetlerinin tespit edilip söz konusu rivayetlerin müellif tarafından hangi suretlerde değerlendirmeye tabi tutulduğunun ana hatlarıyla ortaya konulması planlanmıştır. Hanefîlerin bu rivayetleri ne şekilde değerlendirdiğinin tespiti, Mebsût'ta ve seçilen diğer Hanefî kaynaklarında verilen açıklamalar muvacehesinde yapılmaktadır.Companions of Muhammad (s.a.w) are the first collocutors of him. They have been praised in Qur'an and Hadiths. Also they have been an exemplary generation for Muslims. Some of them are considered as prominents of this generation. And some were foretold to be amongst heirs of heaven. One part of them known as the ten with glad tidings of paradise has become known particularly. The focus of our dissertation, Abdullah ibn Masud (r.a.), is considered a prominent companion as well as one of the ten with glad tidings of paradise according to a narrative. He is one of the first believers of Islam. Also he has participated in all wars of Prophet Muhammad's (s.a.w.) era. Yet he has been known for his wisdom and knowledge among companions. He has been usually considered as a faqih amongst companions and he was honored by Prophet Muhammad's (s.a.w.) prayer in this regard. Furthermore, the order of scholarship of Hanafite school, which is one of the four schools of Islamic law have come to date, is based on himself. The order of Abu Hanifa (r.a.) in Islamic law is connected through Hammad ibn Abū Suleiman, Ibrahim al-Nakhai and Alqama ibn Qays to Abdullah ibn Masud (r.a.). In addition to this, Hanafites has attached particular importance to his narratives. Their preferences have usually been in line with his. In this dissertation, it is aimed to put forward that this connection between them is not only theoretical but also can be observed in practice. With this purpose in mind, this study is based on Sarakhsy's al-Mabsūt, one of Hanafite's main sources in Islamic law. Being a large-scale work, it has been able to include narratives indicating Abdullah ibn Masud's (r.a.) fiqh as well as Hanafite's evaluations towards these narratives, making it a very important work in the literature. In this regard, it is intended to identify the fiqh narrations of Abdullah ibn Masud (r.a.) found in al-Mabsūt and to outline how these narrations were evaluated by the author. The determination of how the Hanafites evaluate these narrations is made in light of the explanations provided in Mabsūt and other selected Hanafite sources

    Riddles with their Explanations by Al-Afzari: A Study and an Investigation

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    يهدف هذ البحث إلى دراسة وتحقيق كتاب للإمام علي بن محمد بن عبد الله الطبيب الأفزري، بعنوان: (الألغاز مع شرحها)، وهو من الكتب النادرة في بابها، إذ يُعنى بالألغاز والأحاجي النحوية، اشتمل على توجيهات لأبيات شتّى مُعْضِلة في الإعراب واللغة والمعنى، وقد جعلته في مقدمة وتمهيد وقسمين؛ خصصت القسم الأول منهما لدراسة الكتاب، فتحدثت فيه عن المؤلف ومؤلفاته، ثم عن اسم الكتاب ونسبته للأفزري، ومصادره، وطريقته في عرض مادته العلمية، ووصف للنسخ الخطّية مع نماذج منها، وجعلت القسم الثاني للنص المحقق. وقد توصّلت إلى أنّ تحقيق هذا الكتاب يُعدُّ إحياءً لنصّ نحويّ لغويّ فريد؛ بما يحويه مِن دقائق ولطائف لغوية يكاد يحار في فهمها الدارسون ويقف عن توجيه إعرابها المتخصصون.This research aims to study and investigate a book written by Imam Ali bin Muhammad bin Abdullah Al-Afzari, titled: Riddles with their Explanations, which is one of the rare books in the field thereof, as it addresses riddles and grammatical mysteries, including directions for various verses that pose challenges in terms of parsing, language and meanings. The researcher divided this research into an introduction, a preface and two sections. The first section is allocated to studying the book, the author and his writings, the name of the book and its attribute to Al-Afzari, his sources, method adopted in presenting his scientific materials, and the description of the written copies with samples. The second section dealt with the investigated text. The researcher concluded that the investigation of the book under study constitutes revival of a unique grammatical text, including the language subtleties and tricks, which are difficult to be grasped by the learners and hardly to be parsed by the specialists

    ‘’Nuzhat al-Mu’rib fi al-Mashriq wa al-Maghrib” by al-Kafiyaji and its place in the Arabic language

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    MakaleSüleyman el-Kâfiyecî (ö. 879/1474) 15. yy. alimlerindendir. Tam nispesi Muhyiddin Ebu Abdillah Muhammet b. Süleyman b. Sa‘d b. Mesut er-Rûmî el-Hanefî el-Kâfiyecî şeklindedir. Arap dili, fıkıh, tefsir, ve kelam gibi farklı alanlarda çok sayıda kitap yazmıştır. Fakat, onun kitaplarından bir çoğu hala yazma ya da kayıptır. Dil, gramer ve belagate dair eserlerinden birisi de Nuzhetu’l-mu‘rib fi’l-Maşriki ve’l-Mağrib adlı eseridir. Bu araştırma, Nuzhetu’l-mu‘rib fi’l-Maşriki ve’l-Mağrib adlı eserin Arap dilindeki yeri, değeri ve ilmî etkilerini ortaya koymaya çalışmakta ve buna ek olarak eserin tam ve tahkikli metnini de sunmaktadır.Muhyiddin al-Kâfiyaji (d. 879/1474) is one of the scholars of the fifteenth century. His full name is Muhyiddin Abu Abdullah Muhammad bin Suleiman bin Saad bin Masoud Al-Roumi AlHanafi. He wrote many books in various fields such as Arabic language, fiqıh, Quran interpretation and Theology. Some of his books are still in the form of a manuscript or are missing. One of his short works in the field of linguistics and grammar and rhetoric is Nuzhat al-Mu‘rib fi al-Mashriq wa al-Maghrib. This research is based on the analytical study of the treatise Nuzhat al-Mu‘rib fi al-Mashriq wa al-Maghrib to show its position, value and impact in the Arabic language. The paper also provides the complete critical edition of the text
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