366 research outputs found
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 textImam Salim b. Rashid and the Imamate revival in Oman 1331/1913 - 1338/1920
No full textThe principal aim of this thesis is to assess the performance of Imam Salim b.Rashid and the Imamate revival in Oman during the second decade of the 20th century. It
presents biographical information about Imam Salim, with special reference to the military and political policies by which he established and consolided his Imamate in the
Interior Province, and his relations with the Sultan and the latter's British supporters. An attempt is also made to explore the relationship between the Imam and the Omani tribes and to evaluate his administrative success. This thesis comprises eight chapters, and the introduction and conclusion. The introduction reviews the relevant literature on the topic. The first chapter describes the geographical setting and provides a historical background,
relating to three principal matters: the rise of the Iba<;liyyah and the development of the Imamate in Oman; the events in Oman after Sd. Sa'id's death up to 1913; and the effects of the First World War. The second chapter seeks to give an account of the career of Imam Salim's life and the Imamate revival. The third chapter discusses the manner in
which the Imam was elected, private and public allegiance (bay'ah) and the Imam's aims and policy programme. Chapter Four deals with the Imam's military operations and the
spread of his authority over Oman. Chapter Five examines the attempts at negotiation between the Imam and the Sultan, and the role of the British Government and the local
figures in this regard. Chapter Six is devoted to a discussion of the role of the tribes in support of Imam Salim, and the extent of the Imam's influence over these tribes. Chapter Seven assesses the Imam's administrative machinery, including the political system, the bureaucracy, education policy, and financial apparatus. Chapter Eight examines the causes behind the assassination of Imam Salim and the signing of the Treaty of al-Sib. In the conclusion, we present the findings of the research as they have emerged from the assessment of the course of events in Oman. We have said that the Omanis succeeded in reviving the Imamate and elected Imam Salim al-KharU~i who devoted his efforts to establish the foundations of the state, and peace prevailed in the country after the treaty of
al-Sib in 1920
The role of the accused in English and Islamic criminal justice
No full textThis 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
Istihsan (juristic preference) : the forgotten principle of Islamic law
No full textEThOS - Electronic Theses Online ServiceGBUnited Kingdo
Yemeni relations with the central Islamic authorities : (9-233/630-847); a political history.
No full textMedina in the Ayyubid period and the Shi'a influence upon it
No full textThe underlying concern of this thesis is to shed light on the history of Medina during the Ayyubid period, discussing and analysing the Shi'a emergence in the city in that time, and the transfer to them of power, the judiciary and the key religious positions. It also discusses their influence over the various facets of life there. The study comprises an introduction, six central chapters and a conclusion. The first chapter includes a general introduction, beginning with a historical background of pre-Islamic Medina, and then proceeds to present an overview of the importance of the subject and the reasons for choosing it. It then moves on to an exposition of the key issues which the study will discuss, and the methodology which it follows. The second chapter provides a concise account of the significance of Medina in the Islamic sources (the Qur'an and the hadith), discussing the role of the city and its inhabitants in their support for and propagation of Islam. It also gives a short account of the history of Medina following the death of the Prophet up until the Umayyad period, and briefly discusses the key historical events during that period. The
third chapter examines the state of the Islamic World prior to and during the Ayyubid period, and discusses the key historical events that occurred in Medina at that time and
their connection with what was happening in the Islamic World. The fourth chapter studies and analyses the emergence of the Shi'a in Medina during the Ayyflbid period, and examines certain accounts of this. It also tracks the history of the Shia in Medina prior to the Ayyübid period by providing critical examples of some of the accounts on the subject. The reasons behind the emergence of the Twelver Shia doctrine in Medina during the
Ayyübid period will also be studied and analysed, and the chapter will explain how the Shi'a came to assume the key political and religious offices in the city. Their relations with other Shi'a sects will also be examined, and the way in which their control of Medina came to an end will be discussed. The fifth chapter discusses political life in Medina during the Ayyubid period and the influence of the Shia upon it, studies and analyses the political
relations between the emirs of Medina and each of the neighbouring tribes, the emirs of Mecca, the sultans of the Ayyubid state and those of the Banü Rasül in Yemen, and
explains the influence of the Shi'a on these relations and the role which they played in the political life in the city. The sixth chapter discusses social life in Medina during the Ayyubid period and the influence of the Shia upon it, by studying the composition of civil society and its groupings, the distinguishing features apparent in each grouping, and the elements of social life and its economic conditions, as well as the constructive interplay between them, in order to present an accurate picture of the city's social life. The seventh chapter discusses the state of learning in the city during the Ayyübid period and the Shia
influence upon it, by examining some of the accounts mentioned by certain historians and travellers. It will also include a refutation of these negative accounts by presenting a thorough, extensive description of the state of learning in Medina, through studying the teaching lectures which were current in the Prophet's Mosque and the madrasas of that time, the kuttabs, the syllabuses, the teaching methods, the most notable 'ulama' and their key works, the role of the Sunni 'ulama' in the flourishing of learned activity and, lastly, the Shi'a influence upon it. The eighth chapter summarises and discusses the study's most
important findings and draws conclusions from them, before making suggestions for future research
Conflict of law and the methodology of Tarjīẖ : a study in Islamic legal theory
No full textIslamic 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 of removing this conflict. The present work therefore, attempts to redress this balance. The emphasis of the work will be concerned primarily with tarjīh methodology ; how to give preference to one piece of evidence or argument over the other when they conflict. Nevertheless, considerable concern is given to investigating the background to the conflict of law in the Shari'ah.
This study of a neglected area in Islamic legal scholarship will be an important source of reference to students, both practising and theoretical jurists or to anyone who merely wishes to increase his knowledge of legal themes, particularly legal conflict. The very aim of the work is to argue that conflict is a natural and unavoidable consequence of legal study because legal conflict is only conflicting principles and arguments adduced by both the classical and modern jurists to reach what is actually intended by God in the target case. Therefore, conflicts are inevitable in most of the cases in fiqh owing to the variety of principles set out to deal with one piece of legal evidence, let alone with all the pieces of legal evidence in question.
Tarjīh is therefore, an important and workable instrument in the re-examination of these conflicts and in arriving at the most accurate principle for establishing the law for as long as this is possible. It is hoped that the discovery of new facts and the increase of knowledge which results from the broadening and deepening of the research will positively contribute to the process of unification of Islamic law
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