Islamic Studies Commons^™

Kesan Teknologi Moden Terhadap Perubahan Hukum : Analisis Terhadap Penggunaan Short Message Service (Sms)., Muhammad Fakhruddin Ishak

Student Works (2010-2019)

This dissertation is a study on the impact of modern technologies on hukm. It is looking particularly at the impact of telecommunications industries by using the Short Message Service (SMS). The focus of the study will try to discern whether the Islamic law can be adapted to the changing situation including the modern technologies that has been influenced the Muslim societies. Therefore, it main objectives to expose the impact of the modern technologies in the transformation of Islamic hukm. Besides, it also describes the certain fiqh’s legal theories pertaining to the contemporary Islamic law and its impact upon the use …

Kawalan Perundangan Terhadap Pencemaran Air Oleh Jabatan Alam Sekitar Negeri Selangor : Satu Analisis Menurut Perpsektif Perundangan Islam., Mohd Istajib Mokhtar

Student Works (2010-2019)

The research deeply explores the Islamic legal approaches in water quality control and pollution prevention. In Malaysia, environmental pollution issues such as water pollution are not enacted under the Syariah jurisdiction but Civil. This research elaborates the approaches and measures that have been applied and practiced by the Department of Environment, the State of Selangor towards controlling and preventing water pollution. All data were collected mainly through library research methodologies, institutional documentations and interviews. In order to achieve the research objectives, priority was given to comparative analysis approaches to examine similarities, differences and to determine whether the water pollution control …

Penguatkuasaan Kesalahan Jenayah Islam Di Brunei Darussalam., Suhaimi Haji Gemok

Student Works (2010-2019)

Successful law depends on its effective enforcement. This rule applies within the enforcement of Islamic criminal law. Based on the Islamic principle of ‘al-Amru bi al-Makruf wa al-Nahyu an al-Munkar', the government and public are obliged to ensure that it is carried out. This research focuses on the issue of enforcement with several objectives, firstly, to discuss the concept of criminal enforcement according to the Islamic law. Secondly, to evaluate the historical development of criminal enforcement in Brunei Darussalam. Thirdly, to identify and analyse current issues and problems facing the religious enforcement unit in enforcing syariah criminal offences. These objectives …

Pentafsiran Ayat-Ayat Mawarith Menurut H. Munawir Sjadzali., Ali Akbar

Student Works (2010-2019)

This research is aimed at studying H.Munawir Sjadzali's concept of his interpretation on inheritance (Mawarith) verses, especially verse 11 of surah al-Nisa' which was compiled in his article entitled: "Reaktualisasi Ajaran Islam" (towards re-actualization of Islamic Teachings). The article was published in a few books for examples , in the book edited by Drs. Iqbal Abdurrauf Saimima entitled: "Polemik Reaktualisasi Ajaran Islam" (Polemic on the re-actualization of Islamic Teachings), “Kontekstualisasi Ajaran Islam 70 Tahun Prof. Dr. H. Munawir Sjadzali. MA” (Contextualisation of Islamic Teachings, 70 years Prof. Dr. H. Munawir Sjadzali MA) by Team Editor Muhamad Wahyuni Nafis and the …

Mumarasat Al-Siyasah Al-Shar'iyah 'Inda Al-Aqaliyat Al-Muslimah : Majlis Al-'Alaqat Al-Islamiyah Al-Amarikiyah Namudhajan = The Practice Of Siasah Syar'iyyah Among Muslim Minority : A Case Study Of The Council On American-Islamic Relations., Bahaeddine Megaache

Student Works (2010-2019)

This research aims to uncover the reality of the Muslim minority in the United States of America, and the position of the Council on American-Islamic Relations (CAIR), and how to deal with emerging issues of Muslims there. For instance, participation of the American Muslim in the United States military service as well as his participation in elections. The researcher has represented the opinions and views of some contemporary scientists about this kind of issues. The researcher relies on the principles of the inductive and descriptive method, and he used the analytical machinery in dealing with the available in formation on …

Asbab Al-Qusur Fi Al-Iltizam Bi-Huquq Ahl Al-Qiblah Fi Waqi` Al-Muslimin Wa Subul Mu`Alajatiha : Dirasah Tahliliyah., Murad Ahmad Derhem Al-Qadasi

Student Works (2010-2019)

The rights of the People of Qiblah, who are the nation of Islam, are stipulated firmly in our Islamic Law (Sharia) through its texts and rules, which once applied, Muslims had pride and dignity. It is noicable in our nation’s presence that there is an evident defect in abiding by these rights, so the importance of this thesis comes to benefit me and our Muslim nation so that security, sublimity and empowerment prevail. The aims of this research are to introduce these rights: designating them as followers of Islam, supporting and allying, and unifying with them, to know to what …

Al-Shart Wa-Atharuhu Al-Fiqhiyah Fi 'Aqd Al-Nikah : Dirasah Tahliliyah., Omar Awadhallah Alawfi

Student Works (2010-2019)

This study entitled “Condition and its juristic effects on marriage contract: An analytical study” relied on texts from the Shari’ah, and sayings of the principles of jurisprudence scholars and jurists, in relation to the two main types of conditions (Shari’ah conditions and additional conditions), and their juristic effects on marriage contract, with the aim of analyzing the methodology of scholars in dealing with the effects of conditions on marriage contracts, in order to discover the principle governing such issues. The study will also state the Shari’ah ruling concerning several types of marriages in light of the same methodology, and within …

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

Pemakaian Maqasid Al-Shari'ah Dalam Produk Takaful Keluarga Di Etiqa Takaful Berhad., Che Ismail Che Othaman

Student Works (2010-2019)

Takaful is one of the financial instruments that has its own importance. It is the fundamental to Islamic insurance and its existence is as an alternative to the present conventional insurance in the conventional world of banking and finance. Al-Takaful which is based on al-mudarabah, at-tabarru’ and al-wakalah is very supportive towards syara’ in facing the conventional insurance which contains the element of gharar, usury and gambling element. The existence of takaful has aroused various issues, among them is to what extend is the application of maqasid al-shari‘ah in all of the products offered either in Family Takaful or General …

Political Repression And Islam In Iran, Amy Kirk

Human Rights & Human Welfare

Signs with the slogan, ‘I am Neda’, flooded the streets of Tehran in the violent aftermath of the 2009 presidential elections and assassination of Neda Agha-Soltan. The internationally publicized video of Neda’s death became an iconic rallying point for the reformist opposition in Iran. Stringent clampdowns since the 1979 revolution have signified a sociopolitical change that has endured for three decades. President Khatami’s reform efforts of the late 1990s were stifled by Ahmadinejad’s election of 2005. Since Ahmadinejad’s appointment there has been little official tolerance for political and fundamental Islamic dissent, leading to serious human rights violations against the reformist …

Islamic Law And Women's Rights: Questioning The Validity Of The Reservations Invoking Islamic Law To The Convention On The Elimination Of All Forms Of Discrimination Against Women (Cedaw), Malak Khalil

Archived Theses and Dissertations

This thesis will attempt to demonstrate that the reservations invoking Islamic law to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) are invalid. Reservations to human rights treaties in general are problematic, because these ones not only govern the relationship between States, but they also govern the relationship between the State and its citizens. Thus, finding a balance between state sovereignty, the pillar of international law and the rights of the people remains a challenge in the international arena. Another dimension of the argument is analyzing the validity of claiming Islamic law as a basis …

Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman

Human Rights & Human Welfare

The Rights of Others: Aliens, Residents, and Citizens by Seyla Benhabib. Cambridge, UK: Cambridge University Press, 2004. 251 pp.

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Why the French Don’t Like Headscarves: Islam, the State, and Public Space by John R. Bowen. Princeton: Princeton University Press, 2006. 290 pp.

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Muslim Girls and the Other France: Race, Identity Politics & Social Exclusion by Trica Danielle Keaton. Bloomington: Indiana University Press, 2006. 223 pp.

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Human Rights and Religion: The Islamic Headscarf Debate in Europe by Dominic McGoldrick. Portland, Oregon: Hart Publishing, 2006. 320 pp.

Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter

Human Rights & Human Welfare

A review of:

Women in the Middle East: Past and Present by Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp.

A Contextual Study Of Islamic Laws Of War: The Case Of Ibn Hazm, Nesrine Badawi

Archived Theses and Dissertations

No abstract provided.

Islam Is The Solution: Islamic Development From Theory To Practice, Mohamed El-Far

Archived Theses and Dissertations

No abstract provided.

Political Repression Of Islam, Amy Swift

Human Rights & Human Welfare

Central Asia, once one of the least known regions in the world, has become important to the United States since 9/11, the resulting U.S. invasion of Afghanistan, and the new “War on Terror.” Tajikistan, often considered the poorest and most obscure of the five Central Asian “Stans,” was thrust into the public view when it became useful to the United States in its 2001 invasion of Afghanistan.

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

Archived Theses and Dissertations

No abstract provided.

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

Journal of Legal Education

No abstract provided.

Educating Lawyers For Transnational Challenges: The Challenge Of Islamic Law, Ali Ahmad

Journal of Legal Education

No abstract provided.

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

Journal of Legal Education

No abstract provided.

John D. Becker On Islam, Liberalism, And Human Rights: Implications For International Relations By Katerina Dalacoura (Revised Edition). London: I.B. Tauris, 2003. 248pp., John D. Becker

Human Rights & Human Welfare

A review of:

Islam, Liberalism, and Human Rights: Implications for International Relations by Katerina Dalacoura (revised edition). London: I.B. Tauris, 2003. 248pp.

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 …

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.

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 …

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, …

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, …

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 …

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 …