Digital Commons Network^™

The Judicial System Of Kazakh Beys In Central Asia: Shari'a And Customary Law, Dinmuhammad Smanov Kul, Alau Adilbayev, Rakhimov Abdukhalik, Yerzhan Kalmakhan

Occasional Papers on Religion in Eastern Europe

This study examines the judicial practices of Kazakh beys in 18th–19th century Central Asia, emphasizing their application of Islamic fiqh alongside traditional Kazakh customary law (adat). In a decentralized and nomadic society, beys acted as hybrid legal authorities, integrating Shari’a principles – such as ‘adl (justice), maslaha (public interest), and ijtihad (independent reasoning) with local customs to resolve disputes over property, family matters, and blood feuds. Through historical-legal analysis of oral traditions, archival documents, and ethnographic accounts, the research demonstrates how beys preserved Islamic legal norms while adapting them to practical realities, creating a dynamic model of legal …

We Can't Apply From The Grave: Why The Asylum Standard Of Proof Fails Those Who Need It Most, Hilana Said

American University Journal of Gender, Social Policy & the Law

A woman in Florida sits in front of her TV, unsure if the sound of static is coming from shock or the screen. Her eyes reflect the fires that blaze from within her church in Alexandria, Egypt. Numbly, the pads of her fingers attempt to call family members, praying that, for once, they skipped service. She lets go of a breath she did not know she was holding. The time between now and another attack exists on a clock that she cannot see. But she knows it is ticking.

How Halal Certification And Islamic Ethics Tackle Greenwashing: New Solutions For A Sustainable Economy, Muhammad Afif Ryan Pratama

Journal of Middle East and Islamic Studies

This research explores the role of halal certification and Islamic ethics in addressing greenwashing within the financial sector. Greenwashing, the practice of exaggerating environmental responsibility, undermines genuine sustainability efforts and trust among consumers and investors. Islamic finance, based on principles of transparency, social justice, and ethical business practices, provides a robust framework to counter such deceptive practices. The study proposes expanding halal certification to incorporate environmental standards, ensuring that companies demonstrate both ethical and sustainable practices. This integrated approach offers a unique solution to combat greenwashing and aligns with broader sustainability goals. By including sustainability in halal certification, the credibility …

The Role Of Islam In The Prevention Of Suicide: An Analytical Study Of The Reasons Behind Suicide Prevention In Islam, Hamza Hammad

An-Najah University Journal for Research - B (Humanities)

Objectives: The purpose of this research is to extrapolate and analyze the causes leading to suicide prevention in the Islamic religion, by deducing the relationship between the level of Islamic religiosity and mental health, specifically suicide, then extrapolating the factors or components that lead to suicide prevention in the Islamic religion, as well as analyzing the Islamic faith’s position on Suicide, then inferring the effect of belief in fate and destiny on psychological security and in reducing suicide. Methods: This study follows the inductive and analytical approach, based on extrapolating studies and statistics about suicide rates in the world as …

Hibah Dari Ayah Kepada Anak Kandung Yang Melanggar Hak Bagian Ahli Waris Menurut Hukum Kewarisan Islam (Studi Putusan Pengadilan Agama Nganjuk Nomor 0619/Pdt.G/2019/Pa.Ngj Juncto Putusan Mahkamah Agung Nomor 103 Pk/Ag/2022), Sekar Puspita Arum, Wirdyaningsih Wirdyaningsih, Neng Djubaedah

Indonesian Notary

The settlement of inheritance disputes over property that has been granted by parents to children should use Article 211 of the Compilation of Islamic Law as a basis for consideration. This is because in reality, parents do not equalize the share of grants to their children so that the grant violates the share that is the right of the heir. Such a case was found in Supreme Court Decision Number 103 PK/Ag/2022. This legal research is intended to analyze the division of inheritance with the existence of grants according to Islamic Maritime Law and the legal consequences of granting grants …

Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb

Theses and Dissertations

Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …

Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako

Exploring Muslim Contexts

Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts

• Focuses on the relationship between Muslims and the State in Kenya and Tanzania
• Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
• Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
• Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa

Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …

Ideology Of Disaster Education Trauma Handling Post-Earthquake In Picture Stories Book: Critical Discourse Analysis, Silvia Damayanti, I Nyoman Suarka, Maria Matildis Banda, Ketut Widya Purnawati

International Review of Humanities Studies

This research analyzes the ideology that the author intends to instill in picture storybooks for children in Japan. The study aims to explore how the author conveys the ideology of handling trauma in children after earthquake disasters. The objects of the study are two picture storybooks titled "Yuzuchan" and "Yappari Ouchi Ga Ii Na." The research was conducted qualitatively using the documentary data search method. The analysis was carried out with van Dijk's CDA theory and Peirce's Semiotics Theory. The results of the analysis reveal that "Yuzuchan" and "Yappari Ouchi Ga Ii Na" are picture storybooks produced to help children …

Restricting The Meanings According To The Hanafi Fundamentalists: Principles And Results, Abdeljalil Zuheir Damrah Prof.

UAEU Law Journal

This research aims to review the phenomenon of restricting interpretations among Hanafi fundamentalists, through an investigation of the historical stages and its most prominent symbols, in light of the clarification of the criteria that limit the sections of meanings, and the foundations on which the restriction was based.

To achieve this goal, the study followed the inductive approach that confines the history of Hanafi fundamentalist research on the subject of verbal meanings, while relying on the deductive analytical approach. It is based on tracing the fundamentalist tendencies that appeared among the late Hanafi scholars to clarify the nature of these …

Strengthening The Home Front To Combat The Corona Pandemic: Al-Juwayni As A Model, Abeer Jassim Al Shehab Dr.

UAEU Law Journal

derived from the book "Al-Ghayathi", and this topic is "fortifying the home front".

The research aims to extrapolate the jurisprudence of Imam al-Juwayni in fortifying the home front through his book, and the consolidation of the term fortification of the home front of the state by studying its concept and legitimacy from the legal evidence, and its comprehensive aspects in Juwayni’s jurisprudence with regard to the Corona pandemic; Such as economic and health security, compared to the decisions of the State of Kuwait in the face of the Corona pandemic and its contemporary applications, coupled with a statement of the …

Foundations And Principles: An Introduction To Islamic Jurisprudence & A Brief Comparison To American Jurisprudence, Zacky H. Sungkar

Student Works

No abstract provided.

17th Century Ecumenical Activities Between Ecumenical Patriarchate And The Early Protestant Churches, Svetoslav Ribolov

Occasional Papers on Religion in Eastern Europe

The ecumenical activities and contacts between the Ecumenical Patriarchate and the Protestant churches in the 17th century were largely shaped by two remarkable figures of the Orthodox Church–the Patriarch of Constantinople Cyril Lucaris and Metrophanes Kritopoulos, who later became the Patriarch of Alexandria. Their sincere desire for contact with Protestant theologians, along with their commitment to open dialogue and cooperation was the most important factor in Orthodox-Protestant relations in that era. However, while the political climate in Europe initially allowed for some rapprochement between Christians in the Ottoman Empire and those who had embraced the Reformation, things eventually changed after …

Xenophobia, The Global War On Terror, And Refugee Policy In The United States, Canada, And Western Europe, Chloe Lopez

UNF Graduate Theses and Dissertations

Xenophobia has oscillated in intensity in the United States, Canada, and Western Europe since the late eighteenth century. This pattern of fear of immigrants and refugees being harbingers of violence and criminal activity establishes itself throughout the modern history of the United States, Canada, and Western Europe despite much evidence to the contrary. In the twentieth century, the prevailing argument surrounding the creation of xenophobia centered around economics. This divergence from twenty-first century patterns can be attributed to the Global War on Terror increasing alienation of refugees and immigrants through mythmaking and the structural securitization of immigration in the United …

The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh

Theses and Dissertations

This thesis studied the history of the school of sharīʿa judges (1907-1927) as an essential episode of the reform of Sharīʿa courts in Egypt in the early 20th century. The thesis studied the school in connection with the broader context of legal modernization of the Egyptian legal system. The study explored the institutional, pedagogical, and legal aspects of the reform that the school advocated. The study analyzed the impact of the school’s pedagogy on the practice of the Islamic judiciary and the theoretical conception of Sharīʿa. The study used a significant yet understudied historical source: the judicial press. A comparative …

Kesultanan Buton Dalam Bingkai Ketatanegaraan Dan Budaya Indonesia, Rahmadhona Rahmadhona

Jurnal Hukum & Pembangunan

Buton is a region located in Bau-Bau City, Southeast Sulawesi. The Sultanate of Buton began to show its existence since the beginning of the 15th century after previously running a government system with royal government. The Buton Sultanate, based on Islam, ran a democratic system of government. The state administration of the Buton Sultanate is interesting to discuss because its power structure is controlled by two groups, but all of its people have the same position in voice and politics. This paper is compiled using the literature study method and presents the results descriptively.

Administrative Convenience Or Deliberate Reform? The Impacts Of The Colonial Judicial Legacy Of The Pre-Colonial Justice System In South-Western Nigeria, Adewale Adekunle Adeyeye

LLM Theses

In pre-colonial times, the ethnic groups that independently existed in the territory now called Nigeria had organized systems of government. However, the sweeping force of nineteenth-century colonialism erased most of these pre-colonial governments’ institutions and replaced them with the British system. Notably, in South-Western Nigeria (Yorubaland), historical evidence revealed the existence of a constitutional monarchy with organized branches of government. Especially, the pre-colonial judicial branch/justice system of the Yoruba monarchy was radically altered by colonialism. Using the interdisciplinary methodology, this research answered questions related to the structures and procedures of the pre-colonial justice system in South-Western Nigeria and how it …

Human Dimensions In The Jurisprudence Of The Malikis Human Dimensions Under Maliki Jurisprudence: Analytical Study Of Applied Models, Baraa A. Alyoussef

UAEU Law Journal

The research aims to take care of the human dimensions and elicit them from jurisprudential texts with their evidence and causes that were singled out by the Maliki jurists in their books according to a descriptive, inductive, analytical, and deductive approach, in order to show the greatness of Islamic legislation, its sophistication, and its consideration of people’s conditions and circumstances, which leads to their happiness and relieves them of embarrassment and hardship in line with the purposes of the Shariah. .

The study included a statement of the concept of the human dimension and its visibility in some of the …

Consumerism – Its Causes And Treatment - From The Perspective Of Badi' Al-Zaman Al-Nursi Through His Rasayil Al Nuwr, Farsat Abdullah Al-Warmili Prof.

UAEU Law Journal

This research deals with the concept of consumer wastefulness and the reasons behind it and ways to treat it in the thought of Badi' Al-Zaman Al-Nursi through his Rasayil Al nuwr. So, he spends excessively on his desires and pleasures, and his wrong interpretation of the meaning of (the caliphate in the land). Some people go beyond the limits of their agency and believe that money is theirs, so they waste and tamper with money without taking into account the solution and sanctity, and the individual loses planning and organization for his money in return for his spending.

Sheikh …

Consumer Harms Arising From The Competition Dynamic Of E-Commerce Platforms In Malaysia, Tze Chin Ong Dr, Mei Fei Lee Ms., Norhoneydayati Abdul Manap, Zalina Abdul Halim Dr., Sridevi Thambapillay

International Journal on Consumer Law and Practice

The structure of the digital market of e-commerce platforms is dynamic, with a combination of characteristics such as strong network effects, concentrated multi-sided platforms, extreme economies of scale and scope, low marginal costs, and high data returns. These strong network externalities within the multisided e-commerce market make the competitive environment in e-commerce significantly different from the conventional monogamous market as they create gatekeeper positions favouring a few incumbent e-commerce platforms. In these circumstances, gatekeeper incumbent e-commerce platforms often set commercial conditions that have the effect of undermining other players and potential rivals within the ecosystem. In this regard, there has …

Reviewing The Organization Of The Consumer Right To Withdraw In Electronic Transactions In Qatar, Mahmoud Fayyad, Reinhard Steennot

International Journal on Consumer Law and Practice

This research identifies and analyses weaknesses in Qatar’s legal regulatory framework for the right to withdraw in electronic transactions, understands the causes of consumer dissatisfaction and their impact, and conducts a comparative analysis of European law to extract insights for improving Qatar’s legal regulations and organizational structure. This research employs a quantitative methodology, utilizing a survey administered to a random sample of 391 consumers. The survey will gather data on consumer perceptions, experiences, and satisfaction levels related to the right to withdraw in electronic transactions in Qatar. The results revealed a need for more confidence among Qatari consumers when purchasing …

Awareness Of Copyright Infringement Among Undergraduates Of The State Universities In Sri Lanka, Iqbal Saujan Mr.

The Indonesian Journal of Socio-Legal Studies

Abstract

Copyright infringement is known as the use of copyrighted works without the permission of the creators, copyright holders or authors. It is a form of dishonesty and a violation of the authors' economic and exclusive rights. In general, copyright infringement activities have taken place in various ways such as theft, piracy, reuse and plagiarism among students pursuing degree programmes in higher education institutions in Sri Lanka. In this backdrop, this study aims to examine awareness of copyright infringement among students pursuing undergraduate degree programmes at state universities in Sri Lanka. The primary and secondary data have been used in …

The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi

Indonesia Law Review

The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …

Criminal Liability Of Paramedical Professionals For Disclosing Medical Secrets: “An Analytical Study Of The Legislation Applied In Palestine”, Mohammad Shtayah

An-Najah University Journal for Research - B (Humanities)

This study aimed at identifying the penal responsibility of those with health professions helping to maintain the professional (medical) secret that the patient discloses or reached by the profession on his own. The context of the legal texts, and the researcher has reached many results, the most important of which are: that the duty to maintain medical confidentiality is one of the most important duties entrusted to the providers of assistive health services, and that the disclosure of the assistive health service provider to the professional secret is a criminal misdemeanour, and the legislation in force in the State of …

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

Ulama's Resistance To The Closing Of Worship Places During The Covid-19 Pandemic In Indonesia, Luthfi Hadi Aminuddin, Isnatin Ulfah, Siti Rohmaturrosyidah Ratnawati, Chafid Wahyudi

The Qualitative Report

PPKM Darurat (the implementation of community activity restrictions) is one of the policies implemented by the Indonesian government to control the spread of COVID-19. PPKM Darurat received opposition from ulama (Islamic religious leaders) because all places of worship had to be closed. Our qualitative study explores the forms, factors, and impacts of ulama’s resistance to the closing of worship places during the COVID-19 pandemic. This research data were collected through interviews with participating ulama. This study indicates that ulama’s resistance to the closure of places of worship during the PPKM Darurat period manifested in discourse and action. In …

The Ruling Of Cosmetic Injections: A Jurisprudential Study, Ali Suleiman Al Saleh Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Cosmetic injections are a medical procedure, completely different from surgery, where a long-term change occurs in the body. The materials used in this procedure varies by source, whether a human, animal or mineral, which would require to study the ruling of utilizing them in cosmetic or medication.

The research concluded that the ruling of using cosmetic injections varies by functions in terms of filling in facial wrinkles and organs, causing paralysis in muscles, or feeding and motivating the skin. It also varies according to the materials injected into the body in terms of generating them from human, animal or otherwise. …

The Ruling Of Cosmetic Injections: A Jurisprudential Study, Ali Suleiman Al Saleh Dr.

UAEU Law Journal

Cosmetic injections are a medical procedure, completely different from surgery, where a long-term change occurs in the body. The materials used in this procedure varies by source, whether a human, animal or mineral, which would require to study the ruling of utilizing them in cosmetic or medication.

The research concluded that the ruling of using cosmetic injections varies by functions in terms of filling in facial wrinkles and organs, causing paralysis in muscles, or feeding and motivating the skin. It also varies according to the materials injected into the body in terms of generating them from human, animal or otherwise. …

Ijtihad Berbasis Maqashid Syari’Ah Sebagai Pijakan Konseptual Dalam Pembaruan Hukum Keluarga Islam Indonesia, Ilham Tohari, Moh. Anas Kholish

Jurnal Hukum & Pembangunan

Many circles consider that Islamic family law in Indonesia must be renewed. But Islamic family law renewal is not an easy matter. The rejection of various parties to the Counter Legal Draft-Compilation of Islamic Law (CLD-KHI), as an effort to renew Islamic family law, become evidence of the difficulty of the renewal. Rejection of the CLD-KHI on the other hand also shows that Islamic family law reform must be carried out with approaches and methodologies derived from the tradition of Islamic thought itself. In this context, ijtihad based on maqashid syari'ah acts as a conceptual basis for the methodology of …

أخلاقيات العمل الاقتصادي في الاقتصاد الإسلامي, م.د. فردوس هاشم عبد ياسين المشهداني

Midad AL-Adab Refereed Quarterly Journal

إن من المبادئ الأساسية التي يقررها الاقتصادي الإسلامي ارتباط العمل بالقيم الأخلاقية، فجاء الإسلام بقيم أخلاقية تضبط كل سلوك من منتج أو تاجر أو مستهلك، فضلاً عن الضوابط الأخلاقية التي تحكم صور الاستثمار والمعاملات بين الناس بعضهم بعضاً، أو بين المؤسسات الاقتصادية والجمهور.

أما أهمية الموضوع فيكمن في تحديد أخلاقيات العمل الاقتصادي في الاقتصاد الإسلامي ثم الدعوة إلى تفعيلها في سوق العمل، وأيضاً حاجة العمل الاقتصادي في بلادنا العربية والإسلامية إلى هذه الأخلاقيات لمواجهة التجاوزات وصور المعاملات المحرمة شرعاً.

أما الهدف الرئيس للبحث هو حاجة العمل الاقتصادي في بلادنا العربية والإسلامية الآن إلى قيم وأخلاق الإسلام لمواجهة التجاوزات والمخالفات وصور …

Robert X House Collection, Dan Bonenberger, Brooke Boyst, Franklin Haywood, Carrie Malas, Jaclyn Panter, Ian Tomashik, Laura Waskiwicz, Taylor Williams, Austin Martin

Digital Heritage Preservation Collection

This collection examines the Robert X House at 18827 Keystone Street in Detroit, Michigan, a significant site in the history of the Nation of Islam and the broader narrative of Black empowerment and civil rights in mid-20th century America. Originally built in 1951 as a modest Federal Housing Administration (FHA) minimum ranch-style home, the property was purchased by Robert Davenport (later known as Robert X), an influential leader in the Nation of Islam. The house became a hub for religious instruction, community-building, and activism.

Robert X, a former boxer and musician, became a prominent figure in Detroit’s Nation of Islam …