Digital Commons Network^™

The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity, Luna Droubi

NYLS Law Review

No abstract provided.

The Training, Appointment, And Supervision Of Islamic Judges In Indonesia, Euis Nurlawlawati, Abdurrahman Rahim

Washington International Law Journal

This essay discusses the creation and training of Islamic court judges in Indonesia. This includes an examination of the qualifications for appointment as a judge, the recruitment of new judges, the pre-appointment and in-service training provided for Islamic judges, and the substantive and administrative supervision of the Islamic judiciary. The paper shows that significant changes have occurred in the system of recruitment and training of Islamic court judges with the establishment of new educational qualifications and the implementation of broader and more systematic training programs. As a result of these changes, the quality, professionalism, and standing of the Islamic judiciary …

Constructing The Threat And The Role Of The Expert Witness: A Response To Aziz Rana's Who Decides On Security?, Wadie E. Said

Publications

Aziz Rana's article presents clearly the overlooked but crucial question of "Who Decides on Security?" Namely, is determining who or what groups constitute a threat something that we are capable of making ourselves, or must we necessarily cede that authority to those in power-who supposedly have both the access to knowledge and the ability to understand it-to protect us from threats we cannot perceive? Using Rana's historical analysis as a framework, this Article builds on his thesis to show how the wide latitude granted to the conclusions of the Executive Branch's national security specialists in political matters has migrated into …

Teaching And Learning Islamic Law In A Globalized World: Some Reflections And Perspectives, Shaheen Sardar Ali

Journal of Legal Education

No abstract provided.

Turkey Between The Ottoman Empire And The European Union: Shifting Political Authority Through The Constitutional Reform, A. Serra Cremer

Fordham International Law Journal

No abstract provided.

Vol. 41, No. 01 (August 29, 2011)

Indiana Law Annotated

No abstract provided.

Succession In Family Businesses: Kinship Culture And Islamic Law Of Inheritance, Nasir Afghan

Business Review

Majority of research has been carried out on succession within family firms in the positivistic tradition of research and also has a very strong normative element to it. The successful research has been defined using researchers determined criterion such as firm performance, viability and harmony among the family members etc. This type of research obviously assumes an independent reality ‘out there’ ready to be collected by objective researcher. This positive stance has been apparent even in the case based research mostly conducted by practitioners. On the contrary, to carry out this research an interpretive approach was adopted. The aim of …

Are Muslims The New Catholics? Europe’S Headscarf Laws In Comparative Historical Perspective, Robert A. Kahn

Duke Journal of Comparative & International Law

No abstract provided.

Establishing Claims For Damages, Costs And Interest In International Arbitration, Sir Vivian Ramsey

American University International Law Review

No abstract provided.

Not Reading Means Losing: The National Security Cost Of Ignoring Osama Bin Laden's Words, Michael Scheuer

William Mitchell Law Review

No abstract provided.

The Nation And Its Heretics: ‘Muslim Citizenship’, State Power And Minority Rights In Pakistan, Sadia Saeed

Studio for Law and Culture

In 1984, Pakistan’s military ruler General Zia-ul-Haq passed an executive Ordinance that made it a criminal offence for members of the heterodox Ahmadiyya community, a self-defined minority sect of Islam, to refer to themselves as Muslims and practice Islam in public. Ahmadis challenged the 1984 Ordinance in both the Supreme Court and the Federal Shariat Court in Pakistan – in the former on that grounds that the Ordinance violated their constitutionally guaranteed right to freedom of religion and in the latter on the grounds that it violated shari’a. In a clear departure from the Pakistani courts’ earlier rulings on the …

Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp

NYLS Law Review

No abstract provided.

American Academy Of Religion V. Napolitano, Margaret Laufman

NYLS Law Review

No abstract provided.

Material Witness Detentions After Al-Kidd, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.

Human Rights And The Search For Common Ground: A Comparative Study Of Islamic And Christian Thought, Joseph Prud'homme

Human Rights & Human Welfare

A review of:

Common Ground: Islam, Christianity, and Religious Pluralism. By Paul Heck. Washington, DC: Georgetown University Press. 2009.

The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun

Penn State International Law Review (1982 - 2011)

No abstract provided.

Persecution Of Coptic Christians In Modern Egypt, Alla Rubinstein

Human Rights & Human Welfare

The Christian community of Egypt dates back to the seventeenth century and comprises 12 per cent of the population today. As one of the oldest churches of the world, the Coptic Christian Church, first formed in Alexandria, has stood resilient and faithful to its traditions against intolerance, siege and persecutions. Having been present in most institutions of the state among the overwhelmingly Sunni-Muslim population, Copts are not new to the slow process of Islamization that Egypt has been undergoing for the last twenty years. What has been unique to the recent Coptic experience is the forced integration of Shari’a law …

Dying For Love: Homosexuality In The Middle East, Heather Simmons

Human Rights & Human Welfare

Today in the United States, the most frequent references to the Middle East are concerned with the War on Terrorism. However, there is another, hidden battle being waged: the war for human rights on the basis of sexuality. Homosexuality is a crime in many of the Middle Eastern states and is punishable by death in Sudan, Saudi Arabia, Yemen, Qatar, Kuwait, and Iran (Ungar 2002). Chronic abuses and horrific incidences such as the 2009 systematic murders of hundreds of “gay” men in Iraq are seldom reported in the international media. Speculation as to why this population is hidden includes the …

Pelaksanaan Hukum Islam Secara Kontekstual Di Indonesia : Analisis Terhadap Kompilasi Hukum Islam (Khi)., Abdul Muiz Khazin

Student Works (2010-2019)

This study focuses on the compilation of Islamic law (KHI) as a book of Islamic law in Islamic Family Law which is legalized the implementation of Islamic law in Indonesia through “The instruction of President No. 1. 1991“. The study based on solely on the library research by utilizing the descriptive analytical, historical and content analysis method in analyzing the collected data. Historically, the implementation of Islamic law in Indonesia has become faded and sometimes depends on local government authority. Initially, the relationship between the Traditions of Nusantara Archipelago and Islamic law has blended and became a law that lives …

Maslahah Sebagai Satu Justifikasi Terhadap Keharusan Sambutan Maulidur Rasul Di Malaysia., Azri Bhari

Student Works (2010-2019)

The celebration of maulidur rasul has long been practised by Muslims in Malaysia although it is not associated with acts of His companions, tabi‘in and muslim scholars in the past. However, some groups claim that celebrating the maulidur rasul is related to bid‘ah and this caused a prolonged emergence of polemic among Muslims up till now. Each of them has respectively used his own arguments based on the understanding brought by a particular group. This scenario requires a specific research involving the use of special instruments contained in the usul al-fiqh, that is, maslahah, as the real justification in assessing …

Kajian Pelaksanaan Kad Kredit Syariah Di Bank Danamon Syariah, Indonesia., Asep Dadan Suganda

Student Works (2010-2019)

Many advances in science and technology have taken place in Indonesia, and, consequently, the development of Islamic banking in Indonesia has improved. As the majority of people in the country are Moslem it is virtually possible to identify a better future for the Islamic banking market than in Indonesia. Based on the Islamic official regulation (fatwa) Council of Indonesia Moslem Scholar (Majelis Ulama Indonesia) No. 54/DSN-MUI/X/2006 and the Circular Letter of Indonesian Bank (Surat Edaran Bank Indonesia) No. 9/IB3/DPbS/2007 Danamon Islamic Bank took advantage of the economic market to establish an Islamic credit card product called Dirham Card. This study …

Penggunaan Al-Qiyas Dalam Kitab Umm Al-Barahin., Engku Hassan Engku Wok Zin

Student Works (2010-2019)

This research  attempts to study the use of al-qiyas in  Umm al-Barahin, the writings of Muhammad bin Yusuf al-Sanusi. Expounded in this dissertation  is the prominent  literary figure  who successfully explained the theology doctrines of Ahl al-Sunnah wa al-Jama`ah based on the use of al-qiyas method. al-Sanusi  was an eminent scholar in the ninth century Hijrah. Kitab  Umm al-Barahin  is an expression  of his theology which applies al-qiyas to explain issues of theology according to the thoughts of al-Asya`irah. The  use of al-qiyas is a method ti create al-tasdiq  indirectly. al-Qiyas  has many forms, such as al-qiyas from al-burhan can …

Sukuk Ijarah : Konsep Dan Amalannya Dalam Pasaran Modal Islam Di Malaysia., Muhammad Azizur Rahman Ramli

Student Works (2010-2019)

Sukuk Ijarah is one of the financial certificates known in the Islamic capital market. This financial certificate is established by taking into consideration two major factors, firstly, preserving the conventional way of investment which is permissible in Islam and, secondly, conforming to the shariah law, as a new financial instrument in the Islamic capital market. Sukuk and Bond are two different instruments in its financial structure. Sukuk eliminates in its structure the use of riba and gharar (uncertainty). Moreover, its financial structure is based on Islamic securitisation concept and exchange contract, such as ijarah, murabahah, bay‘ bithamin ajil and others. …

Kajian Aplikasi Akad Mudarabah Di Pt. Asuransi Takaful Umum Jakarta, Indonesia., Marhadi .

Student Works (2010-2019)

This disertation discourses the contract of mudarabah and its application in the general takaful at PT. Asuransi Takaful Umum Jakarta,Indonesia. The study focuses on the application, profit calculation and some relevant issues in general takaful product. The takaful company itself in form of annual report and also from interviews with the respective officers. It was found from the study that Asuransi Takaful Umum has appliced the mud}a>rabah contract in accordance with the shariah requirement which is to uphold justice, ensure mutual benefits and to avoid riba>, gharar ,maysir and dishonesty.

Fungsi Majlis Penasihat Syariah Dalam Amalan Perbankan Islam Di Malaysia : Kajian Terhadap Bank Muamalat Malaysia Berhad Dan Rhb Islamic Bank Berhad., Ahmad Faizol Ismail

Student Works (2010-2019)

The Syariah Advisory Council (SAC) is an advisory board established to provide an Islamic views on products offered by the banks. SAC supports these banks by ensuring that products and services provided are complied with the Islamic Law. The SAC has an important functions related to the Islamic mucamalat tenets. These functions include two aspects which are the aspect of Islamic legal setting or fatwa, and aspect of field monitoring on the implementation and application of fatwa that have been enforced. These aspects are rules by special committee, the committee for fatwa and research and the committee of implementation and …

Pampasan Kepada Mangsa Rogol Di Malaysia Menurut Perspektif Syariah., Rozilawati Mat Yacob

Student Works (2010-2019)

The statistic of rape cases in Malaysia is obviously increasing since the year 2000-2006. This phenomenon is becoming more serious over these years particularly with increasing incidents of rape and murder cases. The rape tragedy definitely left the victim with many effects. It is timely to make a research about rape as a brutal crime and also the compensation for victims in Malaysia. The main objective of this research is to suggest a rape compensation system to be practiced in Malaysia, by looking at the principles laid down by Islam as well as by looking to the practices in Western …

Penderafan Dokumen Wasiat Islam Di Amanah Raya Berhad : Analisis Menurut Perspektif Islam., Al Azifah Mohd Safie

Student Works (2010-2019)

A document is a source of statement which in nature is dominant and authoritative in order to explain certain facts. Hence filing a Wasiyyaħ is more effective as it acts as a record where it can store and keep long term information due to the fact that a death of a person is uncertain. Therefore, this dissertation will be focusing on the prosess of drafting the document of Muslim’s bequests or known as Wasiyyaħ implemented at Amanah Raya Berhad, a Trustee Corporation in Malaysia. The primary objective of this research is to analyse the standard of drafting Muslim’s Wasiyyaħ in …

Kesalahan-Kesalahan Matrimoni Dalam Kes Perceraian Di Luar Mahkamah Dan Tanpa Kebenaran Mahkamah : Kajian Di Mahkamah Syariah Negeri Selangor Darul Ehsan., Mazlan Abd Manan

Student Works (2010-2019)

There is no specific nas (justification) provided in the Al-Quran and the Al-Sunnah with regards to divorce outside the Court without due permission. However, over the years this ongoing problem has led the scholars to view their justifications on the matter. In view of this, the purpose of this dissertation is to feature the study on divorce cases outside Court and without the Court’s permission and its implementation to Malaysian law specifically in reference to cases from the Syariah Courts in Selangor. The Selangor Islamic Family Law Enactment 1984 for instance, as proposed by the Syariah Court has come up …

Hukum-Hukum Berkaitan Pesakit Aids Dalam Urusan Ibadat Dan Kekeluargaan., Noor Hamiza Mustapa

Student Works (2010-2019)

This dissertation discusses legal rules pertaining to AIDS patients in ‘ibadat and family matters. ‘Ibadat covers prayers, fasting and hajj. Family matters deal with marriage, fasakh (annulment of marriage), sexual intercourse, pregnancy, abortion, fosterage and hadanah (custody of children). The research based on primary and secondary sources, for instances, al-Quran, al-Sunnah, classical fiqh books, related acts and enactments, dissertations, theses, journals, seminar paperworks, magazines and newspapers. Moreover, in order to acquire primary sources which are current and latest, the author make an effort to interview specialists such as medical experts and contemporary Islamic scholars. The author utilizes various methods which …

Amalan Fidyah Dalam Masyarakat Islam Di Kanchong Darat, Banting, Selangor : Satu Analisis., Rumaizi Ahmad

Student Works (2010-2019)

Fidyah is an obligatory practice in Islam for certain Muslims in certain cases. This is a main topic discussed in this research especially those practiced among Muslim community in Kampung Kanchong Darat, Banting, Selangor. The main issue discussed in this research is the way they practise fidyah, whether it is in accordance with Islamic law or otherwise especially fidyah solah and its paying method. The author attempts to get the answer by undertaking several methods such as a library research, interviews and observation by involving himself in the practice of fidyah . Then, by the inductive, deductive and comparative methods …