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Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger Sep 2007

Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger

Washington and Lee Law Review

One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries and contexts, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Malaysia's Islamic Family Law (Federal Territories) Act of 1984 and the efforts being made by Muslim women in Malaysia to advocate for comprehensive reform of Malaysian Muslim family laws. This effort includes developing an understanding of …


Rights And The Islamic State: The Thought Of Ayatollah Khomeini And Sayyid Qutb, Sarah Adel Elibiary Jun 2006

Rights And The Islamic State: The Thought Of Ayatollah Khomeini And Sayyid Qutb, Sarah Adel Elibiary

Archived Theses and Dissertations

No abstract provided.


Understanding Jurisprudential Approaches To Islam, Marc L. Roark Feb 2006

Understanding Jurisprudential Approaches To Islam, Marc L. Roark

ExpressO

The United States recent deal with a United Arab Emirites Company to operate seven U.S. Ports highlights a growing tension in U.S. and Arabic commercial relations. One tension that has remained unnoticed is the role that U.S Courts play in interpreting Islamic texts when the commercial or legal outcome depends on an understanding of the religious culture. This article describes seven cases that demonstrate various approaches to this problem. This article utilizes an approach by James Boyd White, and suggests that translation or its kin transliteration can help judges in deciding Islamic legal principles.


Commentary On John Makdisi's "Survey Of Aals Law Schools Teaching Islamic Law", Lama Abu-Odeh Dec 2005

Commentary On John Makdisi's "Survey Of Aals Law Schools Teaching Islamic Law", Lama Abu-Odeh

Journal of Legal Education

No abstract provided.


A Survey Of Aals Law Schools Teaching Islamic Law, John Makdisi Dec 2005

A Survey Of Aals Law Schools Teaching Islamic Law, John Makdisi

Journal of Legal Education

No abstract provided.


The Shari'a Factor In International Commercial Arbitration, Faisal M. Kutty Dec 2005

The Shari'a Factor In International Commercial Arbitration, Faisal M. Kutty

ExpressO

The world has witnessed a phenomenal growth in commercial disputes transcending national borders due to our increasingly interrelated and globalized world economy. In addition to issues in interpretation of commercial agreements and practices, differences in custom, language, culture and religion will continue to fuel conflicts and disagreements between commercial players. Over the last few decades there have been growing commercial interaction between Western companies and their Middle Eastern counterparts. Given this interaction and the great geo-political and economic importance of this region, it is imperative that Western lawyers and dispute resolution professionals have a reasonable grasp of the general principles …


Religious Pluralism, Cultural Differences, And Social Stability In Nigeria, Rose C. Uzoma May 2004

Religious Pluralism, Cultural Differences, And Social Stability In Nigeria, Rose C. Uzoma

BYU Law Review

No abstract provided.


State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan May 2003

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

BYU Law Review

No abstract provided.


Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen May 2002

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

BYU Law Review

No abstract provided.


Pentadbiran Harta Penama Di Institusi-Institusi Kewangan Di Malaysia : Satu Kajian Mengikut Perspektif Undang-Undang Islam, Zuraida Saad Jan 2002

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 …


Peranan Institusi Dakwah Dalam Menangani Masalah Murtad Di Lembah Klang, Norhafizah Musa Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 …


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 …


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. …


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 …


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 …


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 …