1,721,659 research outputs found

    The role of the accused in English and Islamic criminal justice

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    This 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

    Linguistic and extra-linguistic problems in the translation of the Holy Qur'an

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    This thesis is the first to study the English translations of the : Holy Qur'an, and is mainly concerned with the translators' approach in handling the linguistic (lexical & syntactic) , and extra-linguistic (variant readings & cultural ) problems of the text. The works that are the subject of the study are those of six English translators (Sale, Rodwell, Palmer, Pickthall, Bell, and Arberry), as well as one of a non-English Muslim translator from Pakistan (Maulana Muhammad Ali). The translators' renderings of the problematic instances are compared with) the expositions of the exegetes (whom the translators have been familiar with), in order to investigate the commentators' influence on the translators. The similarities between the translators' renderings are also checked to find out the degree of dependence between the translators. The translators are found to be heavily reliant on the exegetes. The degree of dependence between the translators is found to be considerable. Some problems have been resolved by means of- the context (i.e. the text as a whole); whereas others are left unresolved. The translations that have been studied are closer to commentaries than the text. The main conclusion is that the Holy Qur’an is untranslatable in the strict sense

    Qur'anic narrative and Isra'iliyyat in Western scholarship and in classical exegesis

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    The main subject of this thesis is twofold. On the one hand it analyses how the Qur'an presents stories, on the other hand it examines the classical Muslim commentators' response to the Qur'anic narration. In part one we remark that the theory that the Qur'an borrowed extensively from the Bible has clouded the vision of many Western scholars. They explained the Qur'anic narratives in accordance with their preconceptions; only a few emancipated themselves from this prejudice, but some of these scholars were sensitive to the literary qualities of the Qur'anic narrative. Adopting their general approach to the Qur'anic narrative we analyse the Qur'anic narrative of the 'golden calf' episode. Here we invite the reader to step into the textual world of the Qur'an in order to appreciate its otherness. At the same time we try to show the internal coherence among the verses (and also among the surahs) to remove the assumption of the incoherence of the Qur'an which has veiled much of its literary excellence from view. In addition, this study gives us an opportunity to appreciate one of the most neglected aspects of the Qur'anic narratives, namely the relationship between the oral recitation and the written characters of the Qur'an. The written text lacks the contextual richness provided by the oral dimension for it cannot convey intonation, emphasis, and so on, but the transcription of the spoken word displays the relationship of sound and meaning within the surahs or verses together with special emphasis upon phonological effects. The first chapter of part two is designed to provide a general overview of the notion of isrä'iliyyät, taking into account the opinions held by both Muslim and non- Muslim authorities. We raise two important questions regarding this technical term When did the technical term isra'iliyyät come into general use? Who first used it critically? To answer these questions we analyse the commentaries of eight exegetes together with some qisas works on the 'golden calf and 'heavenly table' episodes. It is clear that, in contrast to the view held by many Muslim and non-Muslim scholars, the technical usage of this term is a late development. Another important conclusion derived from our analysis of classical exegesis is that the commentators who use this term themselves depend on isra'iliyyät in several respects. In other words, their theory,is not in agreement with their practice. Furthermore, there are commentators who do not use the term isra'iliyyät and consistently seek to distance themselves from these reports. They also try to minimise the amount of these reports in their tafsir. According to this research, Ibn Atiyya was the first to pay more attention to the implausibility of this type of report, two centuries before Ibn Kathir's critical exegesis

    Nur-i-Afshan V.54 no.35 August 1926

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    Contents: G̲h̲azal [Poetry] - Barsāt [Poetry] by Minat, Ke. En. - Pādrī ʻAbdulḥaq ṣāḥab Ḵh̲ānqāh Ḍogrāṉ meṉ [Article] - Masīḥī qurbānī aur kafārah [Article] - Taḥqīq Āriyāh [Article] by Ḥashmatulláh - Insān-i kāmil yā maẓhar-i K̲h̲udā aur paīg̱ẖām-i ṣulaḥ Lāhūr [Article] by Sult̤ān Muḥammad Afg̱ẖān - ʻĪsá aur Parbhū [Article] by K̲h̲ān̲, Em. Ke. - Azālah ḥas̲iyat ʻurfī kā aīk dilcasp muqadamah [News] - Rīviyū : hamārī Bā’ībal aur muslim ʻulamāʼ - K̲h̲abrain̲ [News] - Taz̲kirah masīḥī shuʻarāʼ Hind [Article] - Dars-i rashk [News] - Siyālkoṭ Kanvanshan [News] This volume of Nur-i-Afshan published weekly on Fridays from Lahore

    Acute effect of self-myofascial release using rolling bar on lower limb flexibility among adolescents / Muhammad Aizuddin Ismail

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    The purpose of this study is to investigate the acute effect of self-myofascial release (SMR) using rolling bar on lower limb flexibility among adolescents. A total of twenty- four subjects (N=24) from Sekolah Sukan Seberang Temerloh, Pahang were selected through purposive sampling. The study compared the result of pre-test and post-test of sit and reach test before and after applying the treatment of self-myofascial release using rolling bar. All of the subjects will perform two trials for each test. They will perform sit and reach test for the pre-test and directly apply the treatment of self-myofascial release using rolling bar, and then immediately do the post-test for sit and reach test. Sit and reach box is the instrument used to measure the distance of hand reach. This study used Paired Sample T-test for the data analysis. There is a significant effect of the hypothesis testing for the sit and reach between pre-test and post-test which is M = 2.2500, SD = .3040). To conclude, this finding suggests self-myofascial release using rolling bar produce significant acute effect on lower limb flexibility

    The application of semantics to the translation of pre-Islamic poetry: with special reference to the 'Mu'allaqa' of Imru al-Qays

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    This thesis, to the best of our knowledge, is the first attempt to apply semantics to the translation of pre-Islamic poetry. But this is a thorny path. This poetry is some of the most ambiguous, confusing, disorganized and perfunctorily investigated in the whole of Arabic literature. The Mucallaga of Imru'al-Qays, our subject of study, the crowning achievement of this poetry, is in an even worse case. The principal problem which confronts the researcher as well as the translator is the usual one of how best to bridge the cultural gulf of both time and place, to set this Mucallaga in its cultural context so as to understand its theme, and achieve the same communicative effect of the text in translation. Commentaries and lexicons are of. little help here, because their main interest is the denotation of single words of this Mucallaga rather than in its organic unity. The setting of this Mucallaga in its Semitic literary context would cast some light on its essential theme and hence open new horizons for further comprehensive research in this field. This is the task we embarked upon in Chapter 1. Confronted with fifteen main commentaries, and two English translations of this Mucallaga, we have resorted to the current semantic theories in the hope that in one of them we would find a happy solution to the problem of translating these commentaries, or at'least help in organizing them systematically. Much to our dismay, however, the bulky literature on this subject bequeathed to us a welter of controversial theories, perhaps because semantics is quite a new branch of linguistics. These contradictory theories have been presented to demonstrate the difficulty of adopting any one particular semantic theory. Nonetheless, certain structural semantic relationships have been found to be of highly significant application. This, and particularly the structural semantic-relationships as well as their employment throughout this thesis have been discussed in Chapter II. A theory of translation necessarily overlaps with a theory of semantics. Chapter II made it clear that the help we might have expected from semantics is but a pipe-dream. Instead of bemoaning, philological, linguistic and socio-linguistic approaches to the theory and practice of translation have been suggested. In Chapter III these approaches have been demonstrated and applied to the translations of (J. ) and (A. ) who, owing to the ambiguity of the text, have resorted to the commentaries - appendices of which have been attached. It has been concluded that the full translation of this Mucallaqa is almost impossible because of the myriad phonological, semantic and cultural problems. However, it has been argued that the development of a more comprehensive semantic theory upon which an eclectic theory of translation could depend, and a more profound and accurate investigation of the essential theme of this Mucallaga would get rid of a lot of the problems of research and translation

    Nur-i-Afshan V.54 no.23 June 1926

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    Contents: Garmī [Poetry] by Minat, Ke. En. - Allahābādī muhim [Article] by Sult̤ān Muḥammad Afg̱ẖān - Daryā Ganj Dihlī men̲ Masīḥī kī k̲h̲dmat kā shuhrah āfāq [Article] by K̲h̲urshīd ʻĀlam - Lāʼilpūr Carc pulpaṭ [Article] by Vazīr Cand - Main̲ t̤abīb se milnā cāhtā hun̲ [Article] by K̲h̲ān̲, Em. Ke. - Kānfarans ke pese vāle log nahīn mānte [Article] - Panḍit maulvī aur masīḥī mishan [Article] - Panjāb yūniyan ke Sanḍe Skūl va Kriscan Inḍivar ke sālānah ijlās Ludhiyānah men̲ [Article] - Kalārkābād [News] - K̲h̲abrain̲ [News] - Gunāh ke muqāble men̲ K̲h̲udā ke kalām kā istimāl [Article] This volume of Nur-i-Afshan published weekly on Fridays from Lahore

    Astrology in literature: how the prohibited became permissible in the Arabic poetry of the mediaeval period

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    This thesis is concerned to position the art of astrology within the context of classical Arabic poetry, primarily by investigating and elucidating attitudes to the notion of qadar (fate) and the ideology in which it was embedded. These attitudes were revelatory of the broader world view of the Arabs of those periods, and their shifts from those held in the pre-Islamic and early Islamic eras tell us a good deal about the importance given to the nature and role of fate and about the various understandings of its influence. The pre-Islamic Arab's notion of qadar was in some ways similar to that of the early Muslims: both emphasised predetermination and the irresistible power of fate. But while the jahilf (Pre-Islamic) Arabs identified fate with the malign power of dahr (Time), the Muslims believed the power of fate lies in the hands of God the Omnipotent, who alone is responsible for the fate of the whole universe. Thus the astrology of the pre-Islamic era was one aspect of divination (kihana) and claimed to be able to reveal in advance an individual's destiny, which could be avoided by taking certain precautions. These precautions, however, were considered effective only in relatively trivial cases; they were useless in the areas of major impact: a person's happiness or misery (shaqiiwa aw sa ada), sustenance (rizq) and one's term (ajal), the three inevitable and irresistible manifestations of fate. In the Islamic period not only these major aspects of life are governed and controlled by the Omnipotent; the destiny of the universe, in even its most minute details, is determined and controlled by God alone. Astrology was considered to be of no value whatsoever, and its practitioners were subject to the death penalty. These two irreconcilable views are evident in early Islamic poetry, which reflected clearly the response of poets, and society, to astrology from the perspective of qadar. When the orthodox caliphate was replaced by dynastic rule the status of astrology was changed dramatically. The idea that the stars, as indicators, play a role in the life of human beings found popowerful supporters in some governors of the Islamic world, who allowed astrology to fulfil a public function regardless of the hostility of the official religion of that society. This social phenomenon generated rich material of a controversial character in the realm of literature. Investigating the factors, motivations and impact of mediaeval political, theological and philosophical attitudes to astrology, in relation to the notions of free will and predestination, is the concern of this study

    Nur-i-Afshan V.54 no.09 February 1926

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    Contents: Āftāb [Poetry] by Minat, Ke. En. - Duniyā meṉ koʼī kyā ban kar rahe [Poetry] by Bhanoṭ, Pī. En. - Kaifiyat mubāḥisah Siyālkoṭ aur paīg̲h̲ām-i ṣulaḥ Lāhūr [Article] - Yasuʼ Masīḥ aur masīḥiyat [Article] - Khanḍāvā masīḥī āshram [Article] - Kyā masīḥiyat ̒Alamgīr mazhab he [Article] by Barkatullāh - Sahāranpūr kanvanshan [News] - Pādrī ʻAbdulḥaq ṣāḥab Minṭgumrī men̲ [Article] by K̲h̲ān̲, Em. Ke. - Ṣāḥibān phir sunīʼe [News] - Taṣḥīf al-taḥrīf [Article] by Vāʻẓ - Rīvāṛī meṉ hindu muslim fasād [News] - Panjāb meṉ Ṣūbah Dihlī ke kārḵẖānoṉ aur tājron̲ kī ḍāʼrakṭarī [News] This volume of Nur-i-Afshan published weekly on Fridays from Lahore
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