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The role of the accused in English and Islamic criminal justice
Get PDFThis thesis is a comparative study of the role of the accused in the systems of
English and Islamic criminal justice. It seeks to explore the underlying
relationship between the individual and the state through an historical, structural
and contextual analysis of their rules relating to questioning and of confessions.
The analysis of the English system covers the period 1800 to 1984, with
particular reference to developments during the nineteenth century when the
foundations for the modern English state were established. The analysis of the
Islamic system combines traditionally Islamic and modern methods, assessing the
"Islamisation" movement in Malaysia through a religico-structural understanding
of juristic opinion from the four main schools of Sunnite jurisprudence.
The thesis contributes to existing knowledge on a number of levels: first, it
questions and revises the "myth" of "progress" that has dominated observations
of the history of the English criminal justice system; second, it elucidates the
relationship between Islamic law in theory and the law that is applied and
proposed in its name in Muslim states; third, it provides an analytical framework
for drawing comparisons between the underlying values of the systems of English
and Islamic criminal justice.
While acknowledging fundamental differences in terms of outlook and
articulation, the author concludes there are important similarities expressed
through such notions as "suspect" in the English system and "kafir"I"fasiq" in the
Islamic. These act as intermediate constitutional categories to whom the state
owe less protection. But the author notes also that these similarities are not
observed necessarily in the "law" which is implemented or proposed in Muslim
states; exact correspondence depends upon the over-arching political structure
and the institution of Caliphate.
The thesis is divided into six chapters: chapter one sets out the conventional view
of the historical development of English criminal procedure and evidence;
chapter two subjects that to a critique and chapter three offers a revised thesis.
Chapter four, explores methods for interpreting and explaining Islam; chapter
five sets out rules relating to confessions and questioning according to the four
Sunni schools; chapter six puts them into "context" through an examination of
the "Islamisation" process in Malaysia
Al-Sharif Al-Radi: His Life and Poetry
Get PDFThe aim of this work is to study al-Sharif al-Radl, his life and poetry. The first part deals with the poet’s environment and life; the second with his poetry. Chapter I deals with the political conditions under which the poet lived. The purpose of the second chapter is to portray Al-Radl's social environment and its reflection in contemporary poetry. The third chapter describes the literary environment of Al-Radl's age at some length. The fourth chapter aims to study Al-Radl's life in detail. The factors which influenced his outlook and personality are discussed. An attempt is made to discern how far these factors affected his poetry. The second part of this work deals with Al-Radl's poetry itself. In Chapter V historical observations are made on Al-Radl's Diwan o in both manuscript and published forms. Chapter VI deals with his panegyrics. General remarks are made on eulogy in Arabic poetry. The content, form and development of Al-Radl's panegyrical odes are analysed. His Ikhwaniyyat receive special attention. Chapter VII deals with Al-Radl's self-praise its content and form. An endeavour is made to explore the Utopian world which the poet tried to portray, Al-Radl's elegies (Ch. VIII). their content, form and characteristics are reviewed. In addition, his dirges on women receive attention. Shi ism in Al-Radl’s poetry is discussed in Chapter IX, Al-Radl’s love-poetry (Ch. X) is discussed. His Hijaziyyat receive particular attention. It is claimed that Al-Radl’s produced in his Hijaaiyyat a poetical amalgam which contains some aspects of ‘Udhrite and ’Umarite poetry. Chapter II deals with Al-Radl's poetical technique. His theories of poetical composition and his comments on other poets are examined. A comparison is made between Al-Radl and other poets both previous and contemporary. Special attention is paid to al-Mutanabbi's influence. In Chapter XII there is a broad re-assessment of Al-Radl’s place in the history of Arabic poetry
Nature and death in the poetry of al-Malā'ika, al-Shābbī and Shukrī, and certain English Romantic poets : a comparative study
No full textThe first part of this thesis, divided into two
chapters, deals with the early background of European
Romanticism; the reasons behind its appearance and
problems of definition. There follows a discussion on
the question of the originality of Arabic Romanticism,
with ,a brief review of the roots and main literary groups
of this movement in Arabic poetry.
Part two examines the influence of English poetry
and thought on three Arab Romantic poets: Nāzik Sādiq
al-Malā'ika, Abū al-Qāsim al-Shābbī and
Abd aI-Rahmān Shukrī.
This is discussed parallel with the channels of
this influence.
The main focus of this research is however, to show
the ways in which al-Malā'ika, al-Shābbī and Shukrī perceived and reflected nature and death in their poetry.
Their attitudes towards certain phenomena in nature
such as the countryside, night, the sea, childhood and
moral and social lessons of nature are compared with
certain attitudes of Wordsworth, Coleridge, Keats and
Shelley.
Themes such as life and death, fear of death,
fatalism, immortality and death as a welcome experience
are also the concern of this thesis, with a comparison of
these themes in the poetry of the Arab and English
Romantic poets.
However, owing to the popularity of Keats and
Shelley with the three Arab Romantic poets, this thesis
concentrates on their poetry.
This research has selected only certain phenomena
and themes from nature--and death because of the dominance
of these subjects in the poetry of al-Malā'ika, al-Shābbī and Shukrī. The translations of Arabic poetry in this thesis are
intended to convey the general sense of the source texts,
rather than to give a precise rendering of these texts
into English
Iranian hospitality: a hidden treasure
No full textAfter making many field trips to the Islamic Republic of Iran Kevin O'Gorman reflects on the origins of Islamic and Iranian hospitality before highlighting some of the operational complexities of running the one of the highest hotels in the world
Slave girls under the early Abassids : a study of the role of slave-women and courtesans in social and literary life in the first two centuries of the Abasid Caliphate, based on original sources
No full textYemeni relations with the central Islamic authorities : (9-233/630-847); a political history.
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The Hajj : past, present and future: the communication aspect
Get PDFIt is the aim of this thesis to investigate the work of the Saudi Arabian media and the information services in relation to the Hajj, to examine their policies, procedures and problems faced by them, and to propose solutions and improvements. The basic objective of this study during the Hajj is to examine how the Saudi Arabian media can serve more effectively the needs of the pilgrims, with their different cultures and languages.
An historical examination of the evolution of the Hajj, the services and the media form the background and context for the examination of the current position. The following
research methods were adopted:
1- Group discussions and interviews were carried out amongsts ome of the Islamic media visiting the Hajj in order to highlight any problems and concerns
about the work of the Saudi Arabian media during the Hajj.
2- A content analysis of the Saudi Arabian newspapers
during the Hajj season was carried out using a quota sampling procedure. In total 434 articles were studied using nine coding categories.
3- The content and form of Saudi Arabian radio and television programmes, Hajj handbooks,cassettes and video tapes provided for the pilgrims were analysed.
4- The daily routine of the average pilgrim during the 1993 Hajj season was observed.
This work is divided into eight chapters. The Introduction (Chapter One) covers a statement of the problems, aims of the study and gives the various sources of information. In Chapter Two the historical background of the city of Mecca and the Kaaba is discussed, thus providing the historical aspects of the Hajj. The Saudi Arabian Royal Family and the Hajj are discussedin Chapter Three with respect to the importance of the Hajj as a religious obligation. Chapter Four examines the present Saudi Arabian official Hajj policy and procedures, the ministries and committees administering the Hajj and their terms of reference, and specific problems related to the Muslim calendar, weather, transport, accommodation, food, health, and security. Chapter Five is' devoted to the development of the Saudi Arabian media and their coverage of the Hau. Chapter
Six analyses the problems which face the Saudi Arabian media during the Hai. Chapter Seven deals with proposed solutions. Finally, conclusions are presented regarding the
main features of the present communication systems with regard to the coverage of the Hajj.
There are nine major findings in this study:
1- Much has been written on the history of the two Holy cities of Mecca and al-Madina and Arabia's Hajj before and under the Islam, but little attention has been paid to the communication aspects of information and instruction
available to the pilgrims.
2- The Saudi Arabian media strives to cater for all the pilgrims during their Haij.
3- The Pilgrims, however need more and better targeted information before, as well as after, their arrival in Saudi Arabia.
4- Most of the pilgrims have no radio or television sets in their buildings and so they are not directly exposed to Saudi Arabian Information.
5- The Saudi Arabian Hajj newspapers provide special information supplements, but these are not as effective as had been hoped.
6- The Islamic media delegation which visit Saudi Arabia during the Hajj believes that the Saudi Arabian media does not serve the pilgrims from different cultures adequately as there is a lack of programme targeting and a shortage of
information for non arabic speaking pilgrims.
7- The Saudi Arabian television channels are unable, as yet, to provide services in the main pilgrims' languages, but new technologies should be able to redress this.
8- The Saudi Arabian Radio and TV stations need better scheduling.
9- No systematic study has yet been carried out about the pilgrims' attitudes, their daily movements, access and reaction to the Saudi Arabian Media during the Hail: such a study should form the basis of future media and information
policies
Istihsan (juristic preference) : the forgotten principle of Islamic law
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The application of Shari’ah and international human rights law in Saudi Arabia
Get PDFThis 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
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