Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 36 for “"Islamic Jurisprudence"”.
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Islamic Legal Positivism : Reforming Islamic Jurisprudence Using the Equity
… among the members of a community. Ancient Islamic legal sources like the Quran, Hadith, and Ijma are incapable of generating laws that promote the level of happiness within the community. The horrific punishments that Shari'a (Islamic law) provides for committing “sins” such as …
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A Hermeneutical Consideration of Islamic Jurisprudence on Same-Sex Acts
… definitions of gender and sexuality. Classical Islamic jurisprudence categorically condemns same-sex acts; however, the legal consensus does not address the practice of same-sex identification or the emergence of gay rights organizations. This thesis offers an analysis of the Islamic sources …
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Women’s rights and freedoms in Islamic jurisprudence pertaining to marriage and divorce: lessons for south Africa from Morocco and Tunisia?
… and divorce are adequately protected in terms of Islamic jurisprudence, and secondly, whether any valuable lessons could be learnt in this regard by South Africa based on the specific legal experiences of two (other) African jurisdictions, notably Morocco and Tunisia.
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Will Theory in Arabian Countries' Modern Civil Codes and Its Influence on Contemporary Islamic Jurisprudence : a Critical Analysis with an Emphasis on Contractual Liability and Negligent Tort Rules
… the nineteenth century, legal practice in the Islamic world was free from any moral-based legal theories. Broad moral theories and legal standards began to influence legal practice only after the old legal institutions were replaced by new ones that brought a new conception of the law. The …
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A proposal for establishing a startup business in the US complying to Islamic finance guidelines
… in North America (US or Canada) that complies to Islamic financial guidelines, with a view to attract funding from Muslim people around the world. These funds would be the nucleus of a conglomerate of companies investing in a diversity of projects around the globe, not the least of which would …
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Sir William Jones (1746-1794) and Islamic studies.
… is considered in the context of the Shari’a and Islamic jurisprudence, the work of Muslim jurists and their function. Consideration is given to the impact of his work, and that of others on the development of Anglo-Mohamedan law. Jones’s contribution to the early development of Oriental studies …
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Integration and minority fiqh: the halāl to harām ratio
… of Muslims in America interprets and practices Islamic jurisprudence and whether there are similarities to the theoretical fiqh al-aqalliyat. Through a qualitative study of Muslims interviewed in Jacksonville, Florida, this thesis examines how Muslims in the community interpret sharī‘ah, and its …
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The Sudanese arbitration laws in transnational commercial arbitration and the recognition and enforcement of foreign arbitral awards, under the Sudanese disputes settlement system
… by the direct and indirect influence of Islamic jurisprudence on judicial outcomes. This research establishes that if the judiciary has not changed quickly enough to cope with the demands which these factors present and the development of the economy and society could be adversely …
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Legal stratagems (hiyal) and usury in Islamic commercial law
… the subject of legal stratagems \((hiyal)\) in Islamic jurisprudence, in general and more particularly the \(hiyal\) used to evade the usury \((ribā) \)prohibition. The context of this thesis is the nascent Islamic finance industry in which these \(hiyal\) play a leading role. The \(hiyal\) have …
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Fatawa and their development since the early Islamic era
… conflicts around the world. The issuing of Islamic legal rulings, otherwise known as fatāwā, has drawn interest from Muslims and non-Muslims. This paper seeks to discuss the development of fatāwā from the early Islamic era and its importance to Muslims throughout history. The prominence of …
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Arabic Legal Documents from the Fatimid Period and their Historical Background
… concerning the function of written documents in Islamic law. It is widely believed that according to early Islamic legal doctrine written documents were not considered sufficient proofs of a legal contract. However, despite this lack of approval, written documents were part of the daily practice …
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Calculation of Zakat on Financial Assets for American Muslims: A Financial and Jurisprudential Approach
… and real estate investments. Bridging classical Islamic jurisprudence with modern financial realities, this thesis provides detailed calculation methodologies for each asset class, incorporating U.S.-specific considerations such as tax-deferred accounts and capital gains implications. The …
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Will New Regulations Enhance The Mediation Process And The Work Of Mediators In Saudi Arabia?
… of mediation in the region, its presence in Islamic teachings, and the practice of Prophet Muhammad, peace be upon him, in several situations that emphasized reconciliation among disputing parties. It also examines Islamic jurisprudence books that referred to mediation by its name and modern …
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Al-Muntakhab fi Usual al-Madhhab
… a manuscript in 'Usul al-Fiqh (principles of Islamic jurisprudence) written according to the Hanafi school. The main manuscript used on the edition dates back to (690H/1292AD). The author is Husäm al-Din Muhammad bin Muhammad bin `Umar al-Akhsikathi, who died in (6441V1247AD). The thesis …
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Islam and the Social Construction of Risk: A Discourse Analysis of the Fatwa to the Muria Nuclear Power Plant in Indonesia
… of Pengurus Cabang Nahdlatul Ulama (PCNU, the Islamic scholars of District Branch of Nahdlatul Ulama) Jepara’s different risk assessments of the purposed nuclear power plant in Muria, Indonesia. Using a discourse analysis combined with the social construction of risk from a science and …
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Nusyûz dalam kajian perbandingan fiqih Islami dan perspektif gender
… the two opinions betweenof the scholars jurisprudence and gender perspectives, the writer is interested in study and examine is further the nusyûz of wife. This studying wants to answer the statements of problem name is: What is the concept of Islamic jurisprudence about the settlement of …
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Applications of legal maxims in Islamic criminal law with speciual reference to Shariah law in northern Nigeria (1999 - 2007)
The Subject of Islamic legal maxims is one of the sciences in Islamic jurisprudence which aphoristically subsumes all the spectrums that purpose of Sharl`ah is all about. There are six basic Islamic legal maxims agreed upon among the Islamic scholars on which the tenet of Islamic law is based. Each …
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A legal analysis of the development of arbitration in Oman with special reference to the enforcement of international arbitral awards
… modelled. It is also assessed what impact the Islamic jurisprudence has had on the arbitration law of Oman.
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Marriage and celibacy in mediaeval Islam : a study of Ghazali's Kitāb ādāb al-nikāḥ'
… study uses literary sources in Arabic from the Islamic tradition, including Islamic jurisprudence (fiqh), Sufi treatises, Arabic belles lettres (adab) and medical literature. Three main influences are addressed: a religious debate on the merits of marriage, the particular Muslim attitude to …
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