78 research outputs found

    Conflict of law and the methodology of Tarjīẖ : a study in Islamic legal theory

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    Islamic 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

    Intellectual property laws and Islam in Malaysia.

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    PhDThis study is undertaken on the premise that Islam and Islamic law is to be taken into serious consideration in any future legislative reform of laws in Malaysia. Islam being the religion of the country and the strong religious sentiment of the Muslims (who form the majority in Malaysia) cannot be overlooked or dismissed lightly by the legislators in Malaysia. Reformation of intellectual property laws is timely, as we are now approaching to the dateline set by GATF-Trips agreement which aim is to improve our standard of intellectual property protection. This study seeks to analyze and evaluate the current legislation pertaining to intellectual property in Malaysia in terms of the philosophy and rules governing the existence, ownership and exercise of these rights and their consistency and inconsistency with Islam and Islamic law. The main objective of this study is to prove that a coherent and logical conceptual framework of ownership of intellectual property can be derived from an Islamic perspective which not only offers the basis of rights but also defines the scope of these rights. From the point of ownership of rights, support can be obtained from the normative framework of property rights within the traditional classification of 'mal' (property) and 'haqq al-milkiyyah' (ownership rights) under Islamic law. From the point of exercise of rights, the exact scope can be defined from the analysis of fundamental concepts which have been developed by Muslim jurists. It has been established that Islam and Islamic law offers a sound and systematic paradigm, which in deeper analysis, can satisfy both our current obligations under international treatises, as well as our responsibility to practise our religion to the fullest

    Defects observed in visual inspection: (a) & (b) Broken junction box and corroded wire in Type A & B respectively, corrosion of (c) busbars (Type A) & (d) metallic frame (Type B), (e) & (f) delaminated backsheet in Type B & (g) Type D, (h) discoloration of the backsheet (Type C), (i) & (j) scratch/crack & burn marks on backsheet in Type D.

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    Defects observed in visual inspection: (a) & (b) Broken junction box and corroded wire in Type A & B respectively, corrosion of (c) busbars (Type A) & (d) metallic frame (Type B), (e) & (f) delaminated backsheet in Type B & (g) Type D, (h) discoloration of the backsheet (Type C), (i) & (j) scratch/crack & burn marks on backsheet in Type D.</p

    AS-SULTHAH AT-TASYRI’IYYAH DALAM PERSPEKTIF FIQH SIYASI DAN QANUN WADH’IY

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    RUJUKAN Al-Qur'an  A.S. Hornby, E.C. Parnwell, Daud Baharum &amp;Asraf. 2002. Kamus mini Inggeris-Melayu. Selangor: Penerbit Fajar Bakti. Abd al-Gha&gt;niy ibn Muhammad Rahha&gt;l. 2000 M. Fenomena demokrasi studi analisis perpolitikan dunia Islam. Terj.  Jakarta: DeA Press. Abd al-Kari&gt;m cUthma&gt;n. 1388 H.  al-Niza&gt;m al-siya&lt;siy fi al-Isla&lt;m.Beirut: Da&gt;r al-Irsha&gt;d. Abd al-Qadim Zallu&gt;m. 2002 . Sistem pemerintahan Islam.Terj. Jawa Timur: Da&gt;r al-Ummah. Abd al-Qadir Djailani. 2001.  Negara berdaulat dalam perspektif Islam. Shah Alam: Pustaka Dini. Abdurrahman cAbd al-Qadir Kurdi. 2000. Tatanan sosial Islam, studi berdasarkan         al-Qurcan dan Sunnah. Terj.Jogjakarta:  Pustaka pelajar. Abu Fa&lt;riz, Muhammad cAbd al-Qa&gt;dir. 2000.  Sistem politik Islam. Terj.  Jakarta: Robbani Press. Abu Fadl, Iyad ibn Musa. 1998. Ikma&gt;l al-muclim bi fawa&gt;id Muslim.Beirut: Da&gt;r al-Wafa'. Ahmad Suhelmi, MA.1999.  Pemikiran politik Barat.Jakarta: Darul Falah. Ali Muhammad Husayn. 1408 H. Riqabah al-ummah cala al-hukkam.Beirut: al-Maktab al-Islamiy. Ali Murtopo. 1974.  Starategi politik  nasional.Jakarta: Yayasan Proklamasi Centre for Strategic and International Studies. al-Jurja&gt;niy,  cAli ibn Muhammad. 1405 H.  al-Tacrifa&gt;t. Beirut: Da&lt;r al-Kita&gt;b al- carabiy. al-Ansariy, Zakariyya, ibn Muhammad. 1411. al-Hudu&gt;d al-'ani&lt;qah wa al-tacrifah al-daqi&lt;qah. Bairut: Da&gt;r al-Fikr. Anwar Arifin. 2003. Komunikasi politik paradigma, teori, aplikasi, strategi dan komunikasi politik di Indonesia.Jakarta: PT. Balai Pustaka. al-Ashaariy, Abu Hasan. 1389 H. Maqa&gt;lat  al-Isla&gt;miyyin wa ikhtila&gt;f  al-musalli&lt;n.   Mesir: Maktabah Nahdah. al-Asqala&gt;niy, Ahmad ibn Ali ibn Hajar. 1421. Fath al-Ba&gt;riy sharh Sahih al-Bukha&gt;riy.Beirut: Da&gt;r al-Kutub al-ilmiyah.

    An organized 3D in vitro model for peripheral nerve studies

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    Three-dimensional cell cultures have been proposed to address the limitations in two-dimensional cell cultures (i.e. lack of relevant architectural features) and very few have developed 3D cell culture methods for peripheral nerve studies. Therefore, the present study reports on the development of a 3D in vitro peripheral nerve model using aligned electrospun polycaprolactone fibre scaffolds manufactured under tightly controlled and reproducible conditions with uniform diameters of 1 μm, 5 μm and 8 μm. Fibres were characterized by SEM for diameter, density and alignment properties and formed in to scaffolds for 3D in vitro culture. Three different approaches were adopted using: i) neuronal or primary Schwann cell cultures alone; ii) neuronal and primary Schwann cells in co-culture and iii) isolated dorsal root ganglion cultures, containing both neuronal and Schwann cells, with immunohistochemical and 3D confocal microscopy analysis. Neurite guidance was evident on all fibres diameters with the longest neurites detected on 8 μm fibres when cultured alone. However, co-culture with primary Schwann cells was found to enable neurite formation on all scaffolds. Dorsal root ganglion explants when grown on scaffolds showed both organised aligned neurite guidance and notably the co-localization of Schwann cells with neurites. Neurite lengths of up to 2.50 mm were routinely observed using 1 μm diameter fibres after 10 days and all cultures demonstrated a migrating Schwann cell „front‟ of up to 2.70 mm (1 μm diameter fibres). Thus, a direct relationship was found between fibre diameter, neurite outgrowth and Schwann cell behaviour. Myelin formation was also studied in neuronal/Schwann cell co-cultures either as neuronal cells plus primary Schwann cells or as DRG explants, although no myelin expression was detected. This work therefore supports the use of aligned electrospun PCL microfibres for the development of 3D peripheral nerve models in vitro, with future value in a number of areas including developmental biology, disease studies and the design of devices and scaffolds for peripheral nerve repair
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