Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 511 - 538 of 538

Full-Text Articles in Entire DC Network

Hak Wanita Dalam Undang-Undang Keluarga Islam Di Brunei, Masnon Ibrahim Jan 2001

Hak Wanita Dalam Undang-Undang Keluarga Islam Di Brunei, Masnon Ibrahim

Student Works (2000-2009)

In Islamic Law the rights and position of women (specifically, the wives) have been determined in different areas including acts of devotion and the association between husband and wife in matrimonial affairs. This research attempts to discuss the provision and the implementation of Islamic Family Law in Brunei by focusing the research on the rights and position of women in the Act. The study specifically focuses on the provision and implementation of Islamic Family Law in relationship to Islamic Law. This study has performed with discussion on the effect of the contradictions in the implementation of the provision of laws …

Go to article

Innovative Financial Securities In The Middle East: Surmounting The Ban On Interest In Islamic Law, Ariel Berschadsky Jan 2001

Innovative Financial Securities In The Middle East: Surmounting The Ban On Interest In Islamic Law, Ariel Berschadsky

University of Miami Business Law Review

No abstract provided.

Go to article

Masalah Cita-Cita Politik Dalam Melaksanakan Undang-Undang Islam Di Malaysia, Hasan Bahrom Jan 2001

Masalah Cita-Cita Politik Dalam Melaksanakan Undang-Undang Islam Di Malaysia, Hasan Bahrom

Student Works (2000-2009)

Muslim political parties, 'Parti Islam Se Malaysia· (PAS) and United Malay Natrona! Organization (UMNO) have never reached a consensus over the implementation of Islamic laws Discussing the long fought? issue has never appealed to UMNO and PAS. The conflict between these two parties has become a continual polemic and is difficult to restrain, which can yield both positive and negative implications. PAS and other Islamic movements perceive the government as not having the aspiration to execute Islamic laws. Many factors have driven them to this conclusion. The vague and loose government policy which does not indicate whether it upholds Islamic …

Go to article

Pentadbiran Fatwa Di Negeri Selangor : Kajian Terhadap Enakmen Pentadbiran Perundangan Islam Selangor 1989, Mazni Abdul Wahab Jan 2001

Pentadbiran Fatwa Di Negeri Selangor : Kajian Terhadap Enakmen Pentadbiran Perundangan Islam Selangor 1989, Mazni Abdul Wahab

Student Works (2000-2009)

The administration of fatwa in Selangor that has started well before Merdeka, has undergone phenomenal change. Specific legal provisions have largely underscored various aspects of the administration of fatwa including the appointment and power of Mufti, the establishment of Syariah Consultative Committee and the organisation of the administration of fatwa. This study in general attempts to clarify how fatwa has been administered - refering to the law and regulations that are applicable in the state of Selangor. This includes the process of gazetting the fatwa and to what extent the gazetted fatwa are binding to the Muslim community in the …

Go to article

Pentadbiran Pusaka Hartanah Orang-Orang Islam Di Kelantan, Wan Azimin Wan Adnan Jan 2001

Pentadbiran Pusaka Hartanah Orang-Orang Islam Di Kelantan, Wan Azimin Wan Adnan

Student Works (2000-2009)

The administration of Muslim inheritance in Kelantan has its own background whereby during the earlier stage, it was administered by the Syariah Court, which referred to the faraid law mixed with the local customs. However, the presence of British who introduced the administration of inl1eritance law has given authority to the Land Office and the Civil Court to handle the succession of estates including the Muslims' land heritage that has gone through a few changes up to today. This study is to identify the administration and procedures used for making the distribution of inheritance Muslims' land heritage in Kelantan.

Go to article

Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Pemerintahan Kerajaan Negeri Kelantan Dari Tahun 1990-1998, Mohd Ramizu Abdullah Jan 2001

Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Pemerintahan Kerajaan Negeri Kelantan Dari Tahun 1990-1998, Mohd Ramizu Abdullah

Student Works (2000-2009)

The objective or this research is to discuss the Sadd al-Dhara'i doctrine; i.e. one of the many approaches adopted by Islamic legislative practitioners in determining rulings for cases which are not specifically expressed in the holy al-Qur'an and al-Hadith. In this paper, the writer also highlighted the different views of the ulama, Islamic scholars and advocates of the Islamic law in respect of the origin that form the basis of the Islamic legislation. The writer also include in this paper the foundation and the principles underlying Sadd al-Dhara'i doctrine is in conformity with the syara', the criteria that need to …

Go to article

Pembubaran Perkahwinan Secara Fasakh : Satu Kajian Kes Di Mahkamah Syariah Wilayah Persekutuan Kuala Lumpur, Nurhidayah Muhammad Hashim Jan 2001

Pembubaran Perkahwinan Secara Fasakh : Satu Kajian Kes Di Mahkamah Syariah Wilayah Persekutuan Kuala Lumpur, Nurhidayah Muhammad Hashim

Student Works (2000-2009)

There are various fom1s of dissolution of marriage under the Islamic Family Law. Some of them are ta'liq, khulu, ta'liq and fasakh. Among the four, the only mean a wife can obtain a divorce without the consent of the husband is through the court termination which is called fasakh. At the end of 19th century, reforms in the Islamic Family Law began in Turkey and followed by other countries including Malaysia. Through these reforms, provision and grounds for fasakh had been expanded and developed further. Among the new codes established in our country after the reforms are Selangor Islamic Family …

Go to article

Kedudukan Bukan Islam Dalam Perubahan Sosio-Politik Di Malaysia Menurut Teori Fiqh : Analisis Pelaksanaannya, Siti Shamsiah Md Supi Jan 2001

Kedudukan Bukan Islam Dalam Perubahan Sosio-Politik Di Malaysia Menurut Teori Fiqh : Analisis Pelaksanaannya, Siti Shamsiah Md Supi

Student Works (2000-2009)

Changes occur in a society. As such any social study has to take into consideration theories of changes. While theories of relations are a part of social change theories and this results in peaceful coexistence or conflicts. These changes also include relationships between races and different religious. The Position of Non-Muslims in the Socio-Political Changes In Malaysia Complies with the Fiqh Theory: Analysis to its Implementations, in the dissertation to explain the issues of non-Muslim's position, status and role in the changes that take place in Malaysia. This study is also clarifies the relationships between Muslims and non-Muslims in Malaysia. …

Go to article

Hukum Bunuh Ke Atas Pengedar Dadah : Satu Analisis Berdasarkan Siasah Syar'iyyah, Wan Norhasniah Haji Wan Husin Jan 2001

Hukum Bunuh Ke Atas Pengedar Dadah : Satu Analisis Berdasarkan Siasah Syar'iyyah, Wan Norhasniah Haji Wan Husin

Student Works (2000-2009)

This research is carried out to analyze the appropriateness of mandatory death penalty by hanging to drug trafficker based on siasah syar'iyyah. Firstly, a critical review was carried out regarding the definition, aim and methodology of siasah syar'iyyah. It is then followed by the survey on the provision of death penalty under category of ta'zir. In order to comprehend the significance of problem related to illicit drugs, statistical results on crimes associated with drug addict and drug trafficker are presented. This also includes the number of drug traffickers that had been hanged. All these information was obtained from National Drug …

Go to article

Guarantee Of Basic Human Rights : A Comparative Study Between Islamic Law, International Charters And Algerian Constitution, Yassine Belkamel Jan 2001

Guarantee Of Basic Human Rights : A Comparative Study Between Islamic Law, International Charters And Algerian Constitution, Yassine Belkamel

Student Works (2000-2009)

This study deals with the issue of a comparative analysis of the guarantee of basic human rights in Islamic law, International Charter and Algerian constitution. This study finds its merit in the significance of the issue of human rights and its relevancy to our status quo. Notwithstanding, the multidimensionality of the topic of human rights, the researcher opts to focus on one of its important dimensions that is the guarantee of human rights. Historically speaking this issue was not extensively studied in depth by our classical scholars and jurists. Therefore, there is a need for in depth studies on this …

Go to article

Bidangkuasa Mahkamah Syariah Dalam Pentadbiran Pusaka Di Malaysia, Jasni Sulong Oct 2000

Bidangkuasa Mahkamah Syariah Dalam Pentadbiran Pusaka Di Malaysia, Jasni Sulong

Student Works (2000-2009)

This dissertation is generally an attempt to analyze the historical development of the jurisdiction in the administration of Islamic inheritance in Malaysia. The study will explain how the intervention of the British colonial had introduced the Common Law system and promulgated several statute to limit the function and jurisdiction of kathi's court in the matter of inheritance. It will also disclose the provision of Federal Constitution and the recent case about the administration of inheritance to Muslims nowadays. The research is focused on the procedure and the process to make a claim to distribute the estates in Malaysia nowadays at …

Go to article

Trends. United States Foreign Policy, Iran, And Mirror Imaging, Ibpp Editor Apr 2000

Trends. United States Foreign Policy, Iran, And Mirror Imaging, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the tension between the rule of law and democracy vs. religious authority in the context of international relations between the United States and Iran.

Go to article

Hukum Islam : Antara Prinsip Syariah Dan Perbendaharaan Fiqh, Mohd. Saiba Yaacob Jan 2000

Hukum Islam : Antara Prinsip Syariah Dan Perbendaharaan Fiqh, Mohd. Saiba Yaacob

Student Works (2000-2009)

Title: Islamic Ruling: Between Principles of Shariah and Clasical Works of Fiqh. This dissertation begins with an assumption that Shariah has certain principles in deriving such a ruling (hukm) and formation of methods of ijtihad by fuqaha in explaining in details of positive laws had been done based on general principles mentioned in the Quran and Sunnah. The dissertation attempts to identify and elaborate in further details several matters. They are i) the general principles of Shariah ii) metodology of Shari ah in applying ruling during the Propet 's period iii) the purpose of Shariah (maqasid al­shafl'ah) and iv) their …

Go to article

The Doctrine Of Certainty In The Islamic Methods Of Inference, Soualhi Yunus Jan 2000

The Doctrine Of Certainty In The Islamic Methods Of Inference, Soualhi Yunus

Student Works (2000-2009)

This thesis is an articulate study on the modes of inference in the legal field. Observing the huge legacy left by early and modem jurists on Usul al-Fiqh, one would find that the rules promulgated to regulate the operation of Ijtihad appears vacillating between certainty and uncertainty. A thorough examination of the criteria set by jurists to determine the accuracy of the legal proofs suggests that every thing appears to have been comprehensively tackled except "Certainty". A lack of an adequate theorization for certainty in the legal field is exactly what has prompted us to venture into this thesis. This …

Go to article

Jihad Politik : Suatu Analisis Pemikiran Sa`Id Hawwa, Muhammad Pisol Mat Isa Jan 2000

Jihad Politik : Suatu Analisis Pemikiran Sa`Id Hawwa, Muhammad Pisol Mat Isa

Student Works (2000-2009)

Kajian ini adalah berbentuk Library research. Tujuan utama adalah untuk melihat proses perjalanan politik mengikut kaca mata Islam dan juga menjelaskan beberapa kekeliruan umat Islam dalam isu politik. Kajian ini juga cuba mengulaskan beberapa isu pokok seperti isu pengundian, pembinaan parti Islam, membina negara Islam, menyertai pilihan raya, berbilangan jemaah, bekerja dalam kerajaan bukan Islam, proses penurunan pemimpin melalui kaedah demokrasi dan lain-lain. Kajian ini mengambil Said Hawwa sebagai asas kajian pemikiran. ini kerana penulis mendapati beliau adalah antara tokoh yang terlibat secara langsung dalam politik dan banyak menulis buku-buku yang berkaitan dengannya. Hal ini memudahkan penulis mendapat maklumat dan …

Go to article

Taklid Kepada Mazhab Syafie Dalam Amalan Berkaitan Zakat Padi Menurut Undang-Undang Zakat Negeri Kedah, Mahyuddin Abu Bakar Jan 2000

Taklid Kepada Mazhab Syafie Dalam Amalan Berkaitan Zakat Padi Menurut Undang-Undang Zakat Negeri Kedah, Mahyuddin Abu Bakar

Student Works (2000-2009)

The practice of " taklid " to mazhab Syafie in doing everyday religious activities has become a fonnality. not to mention as one of culture to the followers of Islam in this country. This phenomenon is a continuation from the influence of this mazhab which has been around since the existence of (slam in Malaysia. Hence. this research is done with the thought of looking at the true reality of taklid is accepted by Islam, especially in issue which are closely knitted with the religious issues, in addition to investigate its development among the Muslims, especially the Malays. Pertaining to …

Go to article

Peranan Sekuriti Hutang Islam (Ids) Dalam Pasaran Modal Di Malaysia, Asmak Ab. Rahman Jan 2000

Peranan Sekuriti Hutang Islam (Ids) Dalam Pasaran Modal Di Malaysia, Asmak Ab. Rahman

Student Works (2000-2009)

This research is a comparative study of debt securities in the capital market which play a vital role in economic development. The aim of the study is to highlight the roles of Islamic debt securities or lsamic bond in Malaysian capital market which could be operationalized as an alternative to the conventional debt securities. The former operates in accordance with legal principles of Islamic commercial law such as bay' af-murabahah and bay' al-dayn. The study concludes that Islamic debt securities have an Islamic task as an alternative in the development of capital market in Malaysia.

Go to article

Hukum Keluarga Adat Minangkabau : Satu Kajian Menurut Hukum Syara', Safrudin Halimy Kamaluddin Jan 2000

Hukum Keluarga Adat Minangkabau : Satu Kajian Menurut Hukum Syara', Safrudin Halimy Kamaluddin

Student Works (2000-2009)

This research is aimed at evaluating the family laws of Minangkabau tradition according to the perspective of Shari'ah, whether that adat law really contradicts the Islamic Law as there are some differences between the two laws. There are three aspects that will be the focus of this research. They are the matrilineal system, exogamy and bequeathing on]y to the side of matrilineal family. The evaluation of the problem will be carried out after having studied the adat law in depth and detail, including its history, philosophy, development and changes which have been taking place until today. The first thing that …

Go to article

Conflict In The Classroom: Educational Institutions As Sites Of Religious Tolerancelintolerance In Nigeria, Rosalind I.J. Hackett May 1999

Conflict In The Classroom: Educational Institutions As Sites Of Religious Tolerancelintolerance In Nigeria, Rosalind I.J. Hackett

BYU Law Review

No abstract provided.

Go to article

Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri Apr 1999

Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri

Law Faculty Publications

Islam is commonly viewed in the West as being incompatible with democracy. It is also viewed as an "Oriental" religion that has spawned violence and encouraged human rights violations. Because of the historical interaction between the West and Islam, the United States has recently been supporting efforts to export its democratic principles and human rights values to Muslim countries. In this context, the question of constitutional borrowing gains special significance. To assess the possibilities of constitutional borrowing between Islamic countries and the United States, it is important to first discuss the historical relation between the two, as well as between …

Go to article

Negotiating Between Two Convictional Systems, Anver M. Emon Jan 1998

Negotiating Between Two Convictional Systems, Anver M. Emon

Fordham Law Review

No abstract provided.

Go to article

Women In Iran: Obstacles To Human Rights And Possible Solutions, Alison E. Graves Jan 1996

Women In Iran: Obstacles To Human Rights And Possible Solutions, Alison E. Graves

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri Jan 1995

Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri

Law Faculty Publications

This unique reference is a comprehensive encyclopedia dedicated to the institutions, religion, politics, and culture in Muslim societies throughout the world. Placing particular emphasis on the nineteenth and twentieth centuries, The Oxford Encyclopedia of the Modern Islamic World contains over 750 articles in four volumes on Muslims in the Arab heartland as well as South and Southeast Asia, Europe, and the Americas.

An invaluable resource, the Encyclopedia offers extensive comparative and systematic analyses of Islamic beliefs, institutions, movements, practices, and peoples on an international scale. The alphabetically arranged articles range from brief 500-word essays to major interpretive and synthetic treatment …

Go to article

Macroeconomic Aspect Of Islamic Banking And Finance, Khidir Mohamed Ali Hassan Aug 1990

Macroeconomic Aspect Of Islamic Banking And Finance, Khidir Mohamed Ali Hassan

All-Inclusive List of Electronic Theses and Dissertations

The Islamic economy is the subject of this thesis, which reviews the basic foundations of this system. The main idea under discussion is the implication of monetary and fiscal policy in an Islamic economy framework. This analysis shows how the positively sloped IS and LM curves can be achieved. These two curves are used to determine the value of national income and expected profit rate. The stability of the system is ensured and the policy effectiveness is studied. This study shows the following results: (1) IS-LM framework can be used to analyze the macroeconomic aspect of Islamic economy. (2) The …

Go to article

The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq Jan 1985

The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq

Cleveland State Law Review

It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in their overall structure and function are Islamic law and the common law. This paper proposes to shed some light on the logic of legal …

Go to article

A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel Jan 1983

A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel

Vanderbilt Journal of Transnational Law

There is no Saudi legal code. Although the literature on the Islamic faith is extensive, the only Saudi laws available in the English language are the corporate, tax, and labor regulations. This Note brings together the applicable principles and laws to provide a broad overview of the Saudi legal system: it discusses the way in which Islamic law has evolved in Saudi Arabia, analyzes the major Saudi corporate regulations, and, as an introductory research tool, directs the practitioner to more detailed resources. This Note also gives practical advice to attorneys representing clients doing business in Saudi Arabia, adding needed dimension …

Go to article

An Overview Of The Labor Certification Requirement For Intending Immigrants, Edwin R. Rubin, Mark A. Mancini Dec 1976

An Overview Of The Labor Certification Requirement For Intending Immigrants, Edwin R. Rubin, Mark A. Mancini

San Diego Law Review

Unfortunately, the provisions of section 212(a)(14) of the Immigration and Nationality Act appear to present the contradiction described in the above colloquy. In reality, the contradiction is created more in actual practice by employers than in the theory of labor certification. Nevertheless, major problems concerning labor certification procedures do exist. This Article will discuss the current problems of labor certification procedure by tracing the administrative process from application to review of denials and judicial review from jurisdiction to remedy.

Go to article

Peradilan Agama Di Indonesia Di Masa Jang Akan Datang, Muhammad Tahir Azhari Dec 1971

Peradilan Agama Di Indonesia Di Masa Jang Akan Datang, Muhammad Tahir Azhari

Jurnal Hukum & Pembangunan

No abstract provided.

Go to article

First Prev