Digital Commons Network^™

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.

Access To Search Warrant Materials: Balancing Competing Interests Pre-Indictment, Michael D. Johnson, Anne E. Gardner

University of Arkansas at Little Rock Law Review

No abstract provided.

Islam And Politics In Modern Egypt: A Chance For Democracy, Madalina C. Hanes

All-Inclusive List of Electronic Theses and Dissertations

This paper analyzes the role played by moderate Islamic groups in modem Egypt and tries to make a distinction between moderate, middle-of-the road groups and radical, extremist ones. There are several questions regarding the topic analyzed in this thesis. Is Islam inherently incompatible with the Western democratic values? Is there a difference between moderate and radical Islamic movements? Is the Muslim Brotherhood promoting an Islamic democracy and would that stabilize and improve the tormented Egyptian society? Based of library research of primary and secondary sources, this thesis argues that moderate Islamic groups, like the Muslim Brotherhood, represent the best hope …

State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan

BYU Law Review

No abstract provided.

Vol. 24, No. 14 (April 28, 2003)

Indiana Law Annotated

No abstract provided.

Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner

Human Rights & Human Welfare

A review of:

Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.

Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.

Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.

The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.

Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

"Muslim Rage" And Islamic Law, Wael B. Hallaq

UC Law Journal

In this Lecture, it is argued that a significant factor behind the recent rise of so-called Islamic "fundamentalism," in both of its violent and nonviolent forms, is the structural uprooting of the Islamic legal institutions during the middle of the nineteenth century and thereafter (a factor neglected by analysts). When the colonialist powers induced western legal "reforms" that came to displace traditional and indigenous Islamic law, little did they realize that such a process of aggressive change was in the long run to lead to both brutal military dictatorships (during the past half century) and, more recently, to violent reactions …

Shari'ah, Democracy, And The Modern Nation-State: Some Reflections On Islam, Popular Rule, And Pluralism, Sherman A. Jackson

Fordham International Law Journal

In this article, the author examines two considerations that are critical to a full and meaningful assessment of the degree to which Islam, and Islamic law in particular, can find authentic expressions of themselves under what may reasonably be considered a democratic form of government. The first of these has to do with the scope of Islamic law, or more properly, the scope of the interpretive authority of Muslim jurists, and whether a State that is governed by Shari‘ah must necessarily give priority to the views of religious scholars over those of all others in every aspect of life. Does …

Ndls Update 09/2002-10/2002, Notre Dame Law School

NDLS Update

No abstract provided.

The Aftermath Of September 11, 2001: The Targeting Of Arabs And Muslims In America, Susan M. Akram

Faculty Scholarship

THE DEMONIZING OF ARABS AND Muslims in America began well before the terrible tragedy of September 11, 2001. It can be traced to deliberate mythmaking by film and media,² stereotyping as part of conscious strategy of 'experts' and polemicists on the Middle East,³ the selling of a foreign policy agenda by US government officials and groups seeking to affect that agenda,⁴ and a public susceptible to images identifying the unwelcome 'other* in its midst.⁵ Bearing the brunt of these factors are Arab and Muslim non-citizens in this country. A series of government laws and policies since …

Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen

BYU Law Review

No abstract provided.

Islamic Banking And Takaful : The Development And Future Challenges In Malaysia, Jalaludin Mohd Noor, Khairuddin Hanafiah

Student Works (2000-2009)

The establishment of the Mil Ghamr Local Savings Bank of Egypt in 1963 marked a new milestone in the development of Islamic banking system. The interest-free banking concepts introduced by Mil Ghamr signaled to the Muslim community that Islamic principles were applicable to modern day banking business. The government of Malaysia has been actively promoting Islamic banking with the view to have Islamic financial system operating side-by-side with the conventional interest-based system, Both are geared towards the nation's socio­economic development goals. The establishment of Bank Islam Malaysia Berhad in 1983 was the first step towards this vision. Ten years later, …

Pemikiran Abu Yusuf Mengenai Kewangan Islam : Kajian Dalam Kitab Al-Kharaj, Hanin Mahamud Azaki

Student Works (2000-2009)

This dissertation explains the contribution of Abu Yusuf in Islamic Finance based on his Kitab al-Kharaj in which he has been regarded as an outstanding Muslim thinker of Hanafi school of thought. In this work, Abu Yusuf highlighted the position of land taxation (al-kharaj) according to Islamic perspective. ln other words, it tries to view Islamic rulings concerning land tax, its procedures as well as its measurement. Hopefully it will assist in the implementation of land tax accordance with the spirit of Islam. Chapter one explains the background of Abu Yusuf, his teachers and writings. Chapter two mentions the theory …

Al-Khilafah Al-Islamiyyah Menurut Al-Quran : Suatu Kajian Terhadap Kefahaman Masyarakat Islam Di Kuala Lumpur, Abu Zaki Ismail

Student Works (2000-2009)

Kajian ini membincangkan tentang konsep khilafah di dalam Islam berdasarkan kepada perspektif yang dipaparkan di dalam al-Quran. Kajian disasarkan kepada tahap kefahaman masyarakat Islam Malaysia, khususnya di Kuala Lumpur. Sejarah khilllfah Islam yang gilang gemilang telah diakhiri oleh keruntuhan sistem tersebut dengan kejatuhan pemerintahan Islam Turki cUthmaniyyah pada tahun 1924 M. Lantaran itu, muncullah suara-suara di kalangan umat Islam dan ulamaknya untuk kembali kepada sistem khi/Qfah Islam. Penulis cuba melihat reaksi masyarakat Islam sendiri terhadap seruan tersebut selain dari mengenal pasti kefahaman mereka terhadap konsep khilii fah Islam seperti yang digagaskan oleh al-Qur'an. Hasil daripada kajian ini, penuhs dapati: 1. …

Pentadbiran Harta Penama Di Institusi-Institusi Kewangan Di Malaysia : Satu Kajian Mengikut Perspektif Undang-Undang Islam, Zuraida Saad

Student Works (2000-2009)

This research will focus on the administration of .. harta penama" (nominated property) and nomination in a few financial institutions in Malaysia from Syariah perspective. It will also highlight conflict between civil courts decision on "harta penama" and the rulings or «fatwas". It will also discuss the legal position in those financial institutions. Whether the administration of those property is inline with Syariah principles or not, is highlighted in this research. From the Syariah's perspective, there are vast differences between the position of "harta penama" and property, so also it differs from gift. The current practice in certain financial institutions …

Penetapan Kadar Kos Perbicaraan Dalam Penghakiman Di Mahkamah Syariah : Satu Kajian Di Mahkamah Syariah Selangor, Shuhairimi Abdullah

Student Works (2000-2009)

The fixing of hearing fees in state Shariah Courts has been provided in a written form as laid down in Rules of Costs and Fees. Practically, in Selangor the determination of hearing cost is stipulated in the Rules of Costs and Fees 1991. This dissertation is aimed at focusing on the details of fees and cost scale as provided in the Rules. This research finds that the cost taxation by Shariah Court judge in Selangor is based on his discretionary power and most of decisions are concerning the attendance fees.

Perjanjian Jual Beli Rumah Mengikut Perspektif Undang-Undang Muamalah Islam, Mohd Basyir Omar

Student Works (2000-2009)

This research intends to examine the contract of house purchase from the view of the Islamic Law of Transaction. The rational of this research is to view this contract according to the Islamic perspective. The statement of the problem in the current review acknowledges that there are inertia of comprehensive legal view from the Islamic perspective on the procedure of the bay' bithaman iijil (BBA) under the business scheme operated by the financial institutions, even though this scheme has been offered since 20 years ago in this country. In order to understand the problem clearly, legal principles of the sale …

Pelanggaran Hak Asasi Manusia Di Aceh Tahun 1989-1998 Menurut Syariah Dan Perlembagaan Indonesia, H. Munawar A. Djalil

Student Works (2000-2009)

This research attempts to find out human rights violations in Acheh during the period of 1989-1998 according to lslamic Laws and Indonesian Constitution. Chapter 1 highlights backgrounds of this research whereas chapter 2 discusses modem and Islamic human rights theories. AII these theories look at similarity, freedom and justice. The difference is only based on its principle Islamic theory is based on AI-Qur'an and Sunnah whereas modern theory is based on humanism. Furthermore, Chapter three talks about histories of Aceh and implementation of Military Operation Zone whereas Acehneses considered as rebels and Islamic fundamentalists by Indonesian Government. This situation has …

Analisis Perlaksanaan Siasah Syar'iyyah Di Bahagian Penguatkuasaan, Jabatan Undang-Undang, Majlis Bandaraya Shah Alam (Mbsa), Kajian Dari Tahun 1997-2000, Khairul Faezi Mohd Said

Student Works (2000-2009)

This thesis discusses on an aspect of analysis on the enforcement of "Siyasah, Syar'iyyah"  specifically behind the enforcement actions taken by the enforcement board. Enforcement duties that are carried out by particular board is a normal phenomenon in Islamic Administration System. "Siyasah, Syar'iyyah" is a method introduced by Islam to ease and guide the administration process of a country in which it provides guidelines that must be followed or obeyed by the administrator to ensure that all policies, laws and action taken by the government really abide by the Syariah Rules. ln general, this survey is to look objectively how …

Akad Al-Bay Bi Thaman Ajil Di Bank Rakyat Mengikut Perspektif Undang-Undang Kontrak Islam, Hamizan Mohd. Nor

Student Works (2000-2009)

Al-bay bi thaman ajil (BBA) is a financing contract according to Islamic principles. It is a well-known product and is offered by Islamic Banking System in Malaysia including Bank Rakyat itself. The product is an alternativies to the financing scheme of the conventional bank. Therefore, the dissertation studies the practice of SBA contract with attention given to the concept and nature of BBA contract in the Islamic transaction and its practise at Bank Rakyat. The study also discusses certain relevant concept such as debt, buy and selling (transaction), profits and usury in Islam all of which constitute some important aspects …

Peranan Institusi Dakwah Dalam Menangani Masalah Murtad Di Lembah Klang, Norhafizah Musa

Student Works (2000-2009)

The research discussed extend of misionary by the Missionary institutions in the Klang Valley 10 eradicate apostasy issue especially in the Klang Valley. Apostasy problem is the greatest degree of problem that can be fafed by a muslim. Based on media views and latest/uo to date reports by various parties, the rate of apostasy amongst muslims in the Klang Valley is increasing from time to time. Hence, this dissertation focused on two important aspect; First, to study the management and role of major Missionary institution such as JAKIM, JAWI JAIS, PERK.IM and ABIM in implementing their programs. 1n producing this …

Kefahaman Tentang Al-Sakha Dan Penghayatannya Di Kalangan Kakitangan Universiti Teknologi Mara (Uitm) Shah Alam, Selangor Darul Ehsan, Halipah Hamzah

Student Works (2000-2009)

Allah s.w.t. has blessed mankind with their assets whether in the form of material wealth, wisdom, skill etc. However, all these assets would still belong to Him and it is therefore held by human beings in trust to benefit all mankind al their best. In Islam, 1here are many ways to distribute one's resources such as donation. lending. endowment, discussion etc. By being generous, we share the quality of the charitable mankind and shall be rewarded by Allah s.w.t. as highlighted in al-Quran and Hadis. There are three levels of generosity, that is to donate a potion of their assets …

Sejarah Perkembangan Ajaran Sesat Di Hulu Besut, Terengganu, Abdul Haris A. Hamid

Student Works (2000-2009)

Lately, the problem of cult in our country is becoming very serious. It's not only broke our relationship, but also threaten our lives as happened at Sauk by the Al-Ma'unah group and others a few years ago. The people do not understand the emerging of the cult and the continuity from the past and the modem cult. This thesis is trying to study the history of cult since the emerging of Islam brought by our prophet, Muhammad s.a.w. The issues studied are as the follow: 1. The Besut background in term of location, social, education and the way of believers …

Emansipasi Wanita : Suatu Kajian Terhadap Pandangan Wanita Islam Di Universiti Teknologi Mara (Uitm), Kampus Seksyen 17, Shah Alam, Selangor Darul Ehsan, Bateriah Alias

Student Works (2000-2009)

Woman's emancipation refers to the western feminism and the movement of women's liberation with the objective of seeking an equal rights between women and men before law, in politic, education and social. History has witnessed the oppression against women by men either traditionally or under certain laws since the time of the ancient Greek. After centuries, women have evoked against this oppression and extremely criticized the patriarch system which has been said as the root of the problem. Nowadays, even though this movement has already succeeded in many of their demands, various new phenomenon aroused in western society out of …

Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Membendung Ajaran Sesat : Suatu Kajian Di Jakim, Wan Zulkifli Wan Hassan

Student Works (2000-2009)

This dissertation is entitled: 'The doctrine of Sadd al-Dhara'i, and its usage in preventing deviationist teachings: A study at JAKIM" The doctrine anses from a statement that sources of the Islamic Law are the basis to determining any legal matter and in solving human problems especially in the matter of deviation of belief. In order to arrive at an academic conclusion. this dissertation attempts to identify the said sources through al-Qur'an, al-Hadith or ijtihad of the Jurist. This study is conducted by elaborating the doctrine of Sadd al-Dhara'i,' in term of us definition, conditions, fundamentals, scope and its position as …

Daman Al-Mithl In The Contract Of Al-Ijarah And Al-Rahn : A Comparative Jurisprudential Study, Hossam Eldin Ibrahiem

Student Works (2000-2009)

Al-daman (guarantee) is one of the legitimate means used to protect ownership and other financial rights. It is one of the means of security upon which people have been dependent for a long time. As people use it, it develops with the development of their economic and commercial dealings. Al-daman has, as such become an important means which plays a vital and basic role in the development of modem economies. Its role is so vital that it is not an exaggeration to say that al-daman  has become the basic pillar of the modem economies and all commercial dealings for banks, …

21st-Century Crusades And Demonizing Islam: Commentary On Inderfuth, Ibpp Editor

International Bulletin of Political Psychology

This article comments on public discourse transmitted through Western-financed mass media that attempts to demonize variants of Islam--e.g., that of the Taliban.

Dispute Resolution And International Law: The United Nations Dialogue Among Civilizations, Catherine Tinker

NYLS Journal of Human Rights

The United Nations Dialogue among Civilizations initiative for the Year 2001 may contribute another dispute resolution technique for the global community. Elements of negotiation, mediation, arbitration, and adjudication and legal principles relevant to dialogue are reviewed. Dialogue, understood as a daily aspect of human interaction on many levels and in many situations, may lead to relationship-building and long-term conflict avoidance. Dialogue leads to learning and understanding other perspectives and may result in wellaccepted resolution of misunderstandings and reduction of conflict. This article suggests that dialogue may be useful for lawyers, arbitrators, and judges as an alternative to other forms of …

Trends. Spinning Buddhas, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the March 2001 destruction of the Bamiyan Buddhas in Afghanistan by the Taliban.