This thesis studies Shatibi's (d. 790/1388) frequently quoted yet little explored and often misunderstood concept of maslaha

This thesis looks at the concept of bid`a as defined by al-Shat&dotbelow;ibi (d. 790/1388) in his al-I`tis&dotbelow;am. It begins by setting this definition in the context of his time, which was an era of rapid change, and in the context of the criticisms leveled at al-Shat&dotbelow;ibi by those who accused him of introducing innovations into the law. His analysis of bid`a was written in response to this situation and it was also an exercise in reformulating the concept on the basis of a strict legal methodology. Our investigation therefore includes a survey of the fundamental features of bid`a, defined by al-Shat&dotbelow;ibi as having two aspects: al-bid`a al-h&dotbelow;aqiqiyya (real bid`a) and al-bid`a al-id&dotbelow;afiyya (relative bid`a). This taxonomy will in turn be considered in the light of his division of the Shari`a into `ibadat (religious matters) and ` adiyyat (mundane matters). Furthermore, it also analyzes al-Shat&dotbelow;ibi's distinction between the basic character of mas&dotbelow;lah&dotbelow;a mursala and istih&dotbelow;san on the one hand, and bid`a on the other. Having concluded that the latter is essentially prohibited, he was concerned to validate the first two, which he realized were vital sources of the law. The investigation will also investigate al-Shat&dotbelow;ibi's rejection of the possibility that bid`a could be divided into good and bad, and his objection to assigning the five legal values to this concept.

Bernard C. Levy. / "July 1984." / Bibliography: p. 34-36. / NSF grant ECS-83-12921 Air Force Office Scientific Research Grant AFOSR-82-0135B

No description available.

No description available.

In this study, the origin and main parameters of the Essential Facilities Doctrine are analysed through the case-law that developed out of the application of the EC Competition Rules. Besides putting forward the historical roots, the basic criteria and limitations that apply to the Doctrine are elaborated so as to clarify the legal and analytical foundations of the Doctrine in the EU context. In addition, the added value attributed to the Doctrine in realm of competition policies pursued in network-based industries is expounded with special emphasis on telecommunications sectors. With this regard, the potential role of EFD against the challenging effects of &lsquo / convergence&rsquo / phenomenon and the technological changes is discussed. At last, the effects of EFD on the competitive dynamics of Turkish telecommunications sector which is undergoing a liberalisation process are also examined with the accompanied Turkish case-law.

No description available.

Carbon dioxide sequestration is one of many mitigation tools available to help reduce carbon dioxide emissions while other disposal/repurposing methods are being investigated. Geologic sequestration is the most stable option for long-term storage of carbon dioxide (CO2), with significant CO2 trapping occurring through mineralization within the first 20-50 years. A fiber optic based monitoring system has been proposed to provide real time concentrations of CO2 at various points throughout the geologic formation. The proposed sensor is sensitive to the refractive index (RI) of substances in direct contact with the sensing component. As RI is a measurement of light propagating through a bulk medium relative to light propagating through a vacuum, the extraction of the effects of any specific component of that medium to the RI remains very difficult. Therefore, a requirement for a selective barrier to be able to prevent confounding substances from being in contact with the sensor and specifically isolate CO2 is necessary. As such a method to evaluate the performance of the selective element of the sensor was investigated. Polybenzimidazole (PBI) and VTEC polyimide (PI) 1388 are high performance polymers with good selectivity for CO2 used in high temperature gas separations. These polymers were spin coated onto a glass substrate and cured to form ultra-thin (>10 μm) membranes for gas separation. At a range of pressures (0.14 –0.41 MPa) and a set temperature of 24.2±0.8 °C, intrinsic permeabilities to CO2 and nitrogen (N2) were investigated as they are the gases of highest prevalence in underground aquifers. Preliminary RI testing for proof of concept has yielded promising results when the sensor is exposed exclusively to CO2 or N2. However, the use of both PBI and VTEC PI in these trials resulted in CO2 selectivities of 0.72 to 0.87 and 0.33 to 0.63 respectively, for corresponding feed pressures of 0.14 to 0.41 MPa. This indicates that both of the polymers are more selective for N2 and should not be used in CO2 sensing applications as confounding gas permeants, specifically N2, will interfere with the sensing element. / Graduate / 0428 / 0495 / 0542 / ben.t.davies@gmail.com