57 research outputs found
The application of Shari’ah and international human rights law in Saudi Arabia
No full textThis 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
IMAM BUKHARI’S METHOD OF JARH (ON THE EXAMPLE OF THE TERMS «MUNKAR AL-HADITH» AND «MATRUK AL-HADITH» IN THE «AL-TARIKH AL-KABIR»
No full textThree well-known works of Imam Bukhari (810 - 870) which dedicated to the science of narrators of hadith that called «al-tarikh». They are «big» – «al-Tarikh al-kabir», «medium» – ‘al-Tarikh al-awsat» and «small» – «al-Tarikh al-saghir». The first two of them have survived to the present day.
al-Tarih al-Kabir is characterized by a wide range of topics and information contained therein. Perhaps that is why this work was called «The Great history». This book has great importance not only among the works of Bukhari, but also in the science of «jarh and tadil». It is one of the first sources of the science of transmitters. This is confirmed by the high evaluation of this work by scientists’ contemporaries of Bukhari as Muhammad Ibn Abu Hatim and Ahmad Ibn Muhammad Ibn Said Ibn Ukda.
To determine the author’s views on «jarh and tadil», as well as a specific method, it is important to analyze the terms of «jarh and tadil» which are used in relation to the transmitters in this work, as well as repeated in his other works. It is also important to find out whether the author or other muhaddith in his collections of narratives from the narrators to which the jarh (criticism) was applied. Because it reveals a particular style of Imam Bukhari in the assessment of narrators and the attention of other scholars to his views.
In the article it is described the specific method of Imam Bukhari on the basis of the most strict critical terms of science jarh – «munkar al-hadith» and «matruk al-hadith» which is used in «at-Tarikh al-Kabir»
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
A reappraisal of attitudes to the 'People of the Book' in the Qur'an and hadith, with particular reference to Muslim fiscal policy and the covenant of 'Umar
No full textEThOS - Electronic Theses Online ServiceGBUnited Kingdo
Intellectual property laws and Islam in Malaysia.
No full textPhDThis 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
Konsep Keserasian Al-Qur’an Dalam Tafsir Mafatihul Ghaib Karya Fakhruddin Ar-Razi: Perspektif Ilmu Munasabah
No full textFakhruddin ar-Razi stated, people who observe the beauty of the arrangement and order of the verses in the letter al- Baqarah, will undoubtedly realize that the miracles of the Qur\u27an are not only in the aspect of eloquence of lafadz-lafadz and the nobleness of its content, but also in the aspect of composition and structure. order of the verses. With the scientific approach of munasabah al-Qur\u27an, ar-Razi proved the above facts for himself as he described in his monumental commentary, Tafsir al-Kabir or Tafsir Mafatih al-Ghaib. Based on the author\u27s research, there are at least nine kinds of munasabah in Tafsir al-Kabir by ar-Razi. First, munasabah sentence with sentence in one verse. Second, munasabah closing the verse with the content of the verse. Third, munasabah between verses in one letter. Fourth, munasabah between several verses in one letter. Fifth, munasabah between the letter opener and the closing letter. Sixth, musasabah between the contents of the letter. Seventh, munasabah between the opener of the letter and the closing of the previous letter. Eighth, munasabah between opening letters. Ninth, thematic unity in one letter. This research is library research with a qualitative approach. The primary data comes from Tafsir al-Kabir by Fakhruddin ar-Razi, while the secondary data comes from ulumul Qur\u27an books, commentaries, journal articles and scientific studies that discuss directly or indirectly about the theme in question. After the information and data were collected, the authors validated and tabulated based on certain objectives and considerations, then analyzed using descriptive-analytical methods. After comparing and observing the data and the analysis process, this study resulted in the conclusions as stated above
An extension of technology acceptance model to determine factors that influence the intention to use electronic collection system in Nigerian federal hospitals
No full textThe Role of Academic Libraries in Restoring Quality Teaching and Learning in Education for Sustainable Development in Nigeria
No full textThe quality of teaching and learning is the key to sustainable development. This has inspired innumerable educational stakeholders to search for means of restoring quality teaching and learning in Nigeria’s education system. To accomplish this, significant epistemological efforts have been made over the years on teaching methods/models, student learning styles, and curriculum content reforms. However, the role of academic libraries has not been given any significant consideration. It is, therefore, the conviction of this paper that sustainable development depends profoundly on the availability of information provided and accessed through a well-managed library for effective teaching, learning, and research. So, using desktop literature review and the author\u27s experience, this paper examines the roles of academic libraries in restoring quality teaching and learning for sustainable development in Nigerian institutions of higher learning. The study recommends and concludes that there may be scope for the augmentation of social media and ICT information literacy in academic library service delivery, which may address a plethora of challenges faced by the government in restoring quality teaching and learning for sustainable development
Pull-out Strengths of GFRP-Concrete Bond Exposed to Applied Environmental Conditions
No full text© 2016, The Author(s). This paper presents results of an experimental investigation on the behaviour of bond between external glass fibre reinforced polymer reinforcement and concrete exposed to three different environmental conditions, namely, temperature cycles, wet–dry cycles and outdoor environment separately for extended durations. Single shear tests (pull-out test) were conducted to investigate bond strengths (pull-out strengths) of control (unexposed) and exposed specimens. Effect of the exposure conditions on the compressive strength of concrete were also investigated separately to understand the effect of changing concrete compressive strength on the pull-out strength. Based on the comparison of experimental results of exposed specimens to control specimens in terms of bond strengths, failure modes and strain profiles, the most significant degradation of pull-out strength was observed in specimens exposed to outdoor environment, whereas temperature cycles did not cause any deterioration of strength
Author Correction: Prediction of gestational age using urinary metabolites in term and preterm pregnancies
No full textAuthor Correction to "Prediction of gestational age using urinary metabolites in term and preterm pregnancies
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