The goal of my thesis is to explore the role of the self in the current Islamic-Western discourse on human rights. This discourse is about whether the Islamic and Western worldviews on human rights are compatible with each other. It is my contention that the dominant voices in this discourse that aim to reform Islamic human rights or find ways for it to engage with Western human rights are primarily legal. I aim to shift the discourse and consider the way in which the concept of the self can play a role in informing this discourse but more importantly, offer a potential framework by which human rights are understood and implemented. Here, the self becomes a unifying concept for both worldviews and offers a different line of enquiry for the discourse. I aim to do this by basing my thesis on keys works of four scholars from the Shī‘ī-Muslim and Western philosophical tradition. These are Nahj al-Balāgha (Peak of Eloquence), which contains the sermons, letters and sayings of the first Shī‘ī Imām and cousin and son-in-law of Prophet Muḥammad, ‘Alī b. Abī Ṭālib; Risālat al-Ḥuqūq (Treatise of Rights) by Zayn al-‘Ābidīn, the fourth Shī‘ī Imām and great grandson of Prophet Muḥammad; Eighteen Upbuilding Discourses by the Danish philosopher, Søren Kierkegaard and finally, The Metaphysics of Morals by the German philosopher, Immanuel Kant. By engaging in a comparative analysis of these texts, I aim to construct a role for the self that is appropriate for the human rights discourse and introduce a framework to access it. I argue that human beings from whatever religious background they originate need a way to understand their identity, personhood and the rights they claim for. This is particularly important today where human rights are not merely legal and political entities but show the endless empowerment of human beings to demand whichever right they wish for. This is dangerous as there is a lack of enforcement machinery on curtailing this empowerment which can lead to pursuing base desires through rights as well as causing harm to others. Thus, this thesis aims to carve out a practical framework for the self that can be sieved through human rights in order to help solve human rights conflicts, break the oppositional discourse between ‘Islām’ and the ‘West’ as well as bring the intellectual traditions of Shī‘ī-Muslim and Western philosophy closer together.

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The aim of this thesis is to study the various fundamental rights that the wife enjoys in accordance with the teachings of Islam. In particular, the thesis focuses on those rights that affect the husband, including the right to choose a husband, the right to get a dower, the right to have nafaqah, the right to be treated equitably, and the right to have al-khul'. The thesis falls into nine chapters including the introduction (Chapter One) and the conclusion (Chapter Nine). It contains 70000 words, approximately. Chapters Two and Three are introductory chapters, as each one of them introduces a key aspect of the research. Chapter Two introduces the concept and significance of the Prophet's sunnah, the framework within which the research is conducted, while Chapter Three investigates the significance of marriage in Islam. Chapter Four centres on one of the most fundamental rights the woman, regardless whether she is a bikr or thayyib, should have. It is the right to choose a husband. This right is guaranteed by shari a through the different hadiths the prophet had said in this respect. The chapter also considers the vital role played by the guardian in guiding the woman under his guardianship into the right way so she can make a wise decision while making her choice. Chapter Five looks at another significant right the wife enjoys which is the right to get a dower. This right is the wife's own and no one else, whether the father or the guardian, should interfere or take anything of it without her permission to do so. Chapter Six explores another right the wife is entitled to have which is the right to have a maintenance or nafaqah. Different types of maintenance are identified such as food, clothing, housing, servant, medical, perfume, adornment nafaqahs. In addition, the nafaqah in the case of the working wife is also dealt with in this chapter. The calculation of nafaqah is estimated in accordance with the husband's income. Chapter Seven considers the wife's right to get fair treatment known in Arabic as al-`ishra bilma`rüf According to this right, the wife is entitled to be treated by her husband with respect and trust. Therefore, he should refrain from ignoring, humiliating or ridiculing her or her opinions. Furthermore, he should teach her useful things about life and religion so that she will be a good companion to him. Finally Chapter Eight looks at al-khul' as one of the wife's important rights in Islam, according to which she has to return the dower she had from her husband, or give him something of the same value,, for the sake of ending the marriage without the need to provide any reasons for the desire to do so. These five rights that the wife exercises play a significant role in stabilising the family and bringing about happiness. It has been stated in the Qur'an that marriage is a way of "dwelling in tranquillity". In fact, this ultimate goal of the legitimisation of marriage can be achieved nowadays only' through adhering to the rights that Islam has granted to the Muslim wife

Forced marriage affects a number of communities within the UK, including British Muslims. In some cases, Islam is used to justify this practice and the media has highlighted cases where young Muslims have been coerced into marriage. This thesis attempts to address this issue from a normative perspective, using Islamic legal sources to assess whether Islamic law (sharīca) allows forced marriage and will determine what can be done about it from within this context. It provides a much needed comparative and contrastive account of key discussions and debates of Muslim jurists (fuqahā’) from the four Sunni schools of law regarding elements of the marriage contract which are pertinent to this discussion, specifically: wilāya (guardianship), ikrāh (coercion) and maqāṣid alsharīca (the aims and objectives of Islamic law). The Introduction sets out the main themes and structure of the thesis determining the motivation for the research, the research problems, its rationale, its significance and contribution to academic literature, the research questions, the methodology and the overall structure of the thesis. The issue will be approached from three perspectives: the nature of Marriage in Islamic jurisprudence, the role of guardianship in concluding marriage contract, and the ruling of marriages contracted under the effect of coercion. Chapter 2 defines forced marriage whilst looking at the distinction between it and arranged marriage, contextualising the issue in terms of UK and human rights law. It also introduces the problem of forced marriage within the Muslim community, and asks whether or not it is sanctioned by Islamic law. Chapter 3 looks in depth at the meaning and significance of marriage in Islam, and some elements of marriage; khiṭba (engagement/betrothal), the maqāṣid (legal objectives), the arkān (cornerstones), the ṣīgha (marriage formula), the shuhūd (witnesses), kafā’a (suitability or social equity of the spouses) and the mahr/ṣadaq (dowry). Wilāya (guardianship) ahliyya (legal capacity), and wilāyat al-ijbār (compelling guardianship) will be discussed in detail in Chapter 4. Chapter 5 focuses on the pivotal issues of ikrāh (coercion) and riḍā (consent). The Conclusion will gather together all the pertinent information and arrive at a definitive judgement with regard to forced marriage in Islamic law: forced marriage is not compatible with the objectives of the Sharīcah and has no reliable basis in its sources; the function of the walī (guardian) is to protect the interests of the ward and not to exercise his authority over her; the woman with legal capacity has the right to choose her spouse; the marriage contract conducted under coercion is invalid. This chapter will also include suggestions for further research and recommendations for addressing the issue of forced marriage.

Zakah is believed to be the main Islamic institution for the alleviation of poverty. Nevertheless, despite an increase in global income levels during the last century as well as continuing implementation of zakah worldwide, poverty persists in Muslim developing countries such as Indonesia. The main objective of this study, therefore, is to comprehensively explore and systematically analyze the economic (monetary) and multidimensional (non-monetary) impacts of the zakah institution in alleviating poverty in the context of zakah implementation in Indonesia as the world’s largest Muslim country. It also identifies the poor and assesses the determinants of poverty amongst the zakah recipients. Furthermore, it investigates the management model of zakah implementation in Indonesia, including its capacity, efficiency and effectiveness in delivering poverty-focused programs. To achieve the objectives, the study has utilized a mixed-method research design. As part of this strategy, it has conducted a survey and collected primary data on the socio-economic conditions of 685 poor households receiving zakah assistance in nine cities of the Greater Jakarta Metropolitan area in Indonesia in 2011. In analyzing the survey results, a number of quantitative methods including descriptive statistics, inferential statistics (ANOVA and logistic regression) and poverty index analysis were employed. It has also conducted semi-structured interviews with the management personnel of zakah organizations to investigate the model of zakah implementation and assess the capacity and efficiency of zakah organizations in Indonesia. The qualitative data obtained were analysed by using thematic (coding) and content analyses. The rich analytical methods were expected to generate high-quality data and comprehensive analysis that would address the research questions satisfactorily. The main result generally suggests that the zakah institution has contributed positively to reducing the hardship of the recipients, whose poverty is likely to be related to large household size, lack of assets and certain characteristics of heads of households. Specifically, the incidence, depth and severity of poverty amongst the households have decreased due to the contributions from zakah organizations. The impacts of zakah could be felt not only in the economic (monetary) dimension, but also in multiple dimensions of live particularly in terms of health awareness (health), school attendance (education), praying and fasting (religious/spiritual), business/technical skills (economic) and harmony amongst family member (social). Further analysis suggests that higher impacts seem to be enjoyed by the recipients associated with the non-government zakah organizations and those participating in the programs that integrate economic assistances with provision of basic needs. Based on these findings, a framework for an effective poverty-focused zakah management was proposed. Several policy implications and recommendations for various stakeholders of zakah in Indonesia are also highlighted. The overall results are ultimately expected to provide empirical evidence regarding the contributions of zakah in contemporary Muslim societies as well as to enrich the literature on zakah and Islamic economic implementation in the Muslim world.

The aim of this thesis is to examine how the Islamization phenomenon has influenced zakat. The study shows that the distribution of the fund for income generation is a manifestation of the impact of Islamization on the zakat institution. Islamization is an outgrowth of increased religious awareness among Muslims and greater governmental concern with Islamic matters. Such a phenomenon might be initiated either by society or by government. In the case of zakat, a religious duty, the institution has been revived and shaped to become a potentially useful development tool, causing Muslims to look to existing initiatives, in this case income generation, to improve the disbursement system. The greater role of zakat in the economy has also entailed new interpretations of law by means of ijtihad, as the new mechanism to a certain extent is adoption of modern practice originally outside of Islamic realm. Income generation through zakat is a new way of distribution whereby the zakat fund is used for helping the poor to generate their own income. Discussion of the new idea began in the mid-twentieth century and has been implemented in a few Muslim countries. In a country which was clearly moving towards the formation of an Islamic State, namely Pakistan, the effort to introduce the initiative could be seen as part of the effort to achieve a fully religious government. By contrast, where a government, like that of Indonesia, tends to remain neutral in regard to religion, income generation has been mainly part of a societal agenda. In both cases, the zakat rulings will change according to the form taken by Islamization in the country. Malaysia, the country given a special focus in this thesis, is an example of Islamization as initiated by both government and society. The Islamization of society in the 1970s led the secular government to become accommodative towards Islam. Zakat was gradually rejuvenated through better administration and was eventually proposed for active involvement in poverty eradication. The tradition hence has been transformed into a development institution which is not merely religious in nature. In a federation such as Malaysia, policies outlined by the federal government will be followed by the states. Selangor, as the most active state in offering income generation through zakat, has been chosen for further elaboration in this study. Looking at zakat’s financial potential, the state has embraced the institution as part of its development program. Society and the state government have cooperated in supporting the implementation of income generation. Income generation in this context complements the state’s development effort. In addition, ijtihad has been employed to accommodate the changes in the practice of zakat. In sum, the thesis shows how the Islamization phenomenon has influenced religious institutions in general and zakat in particular. It appears that the institution can adapt to contemporary challenges, depending on the societal, economic and political agendas of a modern state.

This study proposes an investigation into the formation of a new British Muslim identity, alongside various personal and social challenges and consequences many Muslim converts face as a result of conversion to, and in some cases from, Islam. The thesis analyses the factors and elements that greatly contribute to a more positive conversion experience and draws on insights from colonial history, the political climate, the Islamic fitrah, and western theories on conversion and identity development. Based on a qualitative study sample of thirty-four British converts, the thesis argues that many challenges Muslim converts face are due to them having a limited understanding of Islamic teachings and their rights. The study was guided by research questions: What are the anticipated benefits and positive elements that encouraged the start and continuation of an Islamic conversion journey? What constitutes a comfortable and balanced British Muslim identity and lifestyle for westerners? and What are the main problems and challenges new Muslims face that can lead to de-conversion? Is Lewis Rambo’s stage model, alongside Helen Ebaugh’s de-conversion stages appropriate for the study of conversion and de-conversion to and from Islam? It was found that those who enjoyed being Muslims were able to create a balanced British Muslim identity by negotiating and applying their own western values to their understanding of The Prophet Muhammad’s biography and The Quran, and integrated Islamic values into their own environments and everyday lives that were free from foreign cultural practices. It was important to understand what they were expecting to benefit from Islam and how they later perceived, practised, expressed and understood their new faith and identities as British Muslims. The study also examines how converts deal with Islamophobia and extremism, and how Islamic conversions can be perceived as a threat to White British identity, social class and values. The participants shared common difficulties regarding gender and racial discrimination, living among Muslims, identity development, marriage, parenting, Muslim culture, isolation, integration and practising Islam, but at different levels, and with differing consequences. The sacrifices, challenges and consequences faced by some individuals as a result of a de-conversion are explored, which includes living with hidden identities as ‘closeted disaffiliates’ out of fear of abuse and stigmatisation.

The role of the state is not limited to only collecting Zakat but it must also distribute Zakat effectively. The correct practice of Zakat distribution is necessary to ensure the Zakat fund is utilised effectively and that it has the maximum impact on recipients especially in countries which do not enforce Zakat payment. In Brunei, the collection and distribution of Zakat is managed by the Division of Zakat Collection and Distribution Brunei (DZCDB). Based on the findings of this study some positive and negative issues are raised concerning the practice of Zakat distribution adopted by DZCDB. The findings show that DZCDB adopted a comprehensive priority assessment system which indicates a positive approach: in the earlier stage of assessment those who were more financially in need were more likely to be granted Zakat cash, while in distributing the amount of Zakat cash those who were more vulnerable and financially disadvantaged were more likely to receive a higher amount of Zakat cash assistance. Similar practice was also seen in distributing most of the non-cash assistance provided by DZCDB where the majority of recipients were those who were more financially disadvantaged. There were also a high number of cases where assistance was granted to non-applicants showing the inclusiveness of the assessment system. The amount of Zakat cash given to the recipients was found to have a very significant positive impact but the impact is not strong enough to create the right impact by enriching the recipients. The majority of the poor receiving Zakat remain below the Zakat poverty line despite receiving Zakat cash, and a similar situation was also observed among the needy recipients where there were substantial cases of income remaining below the Zakat poverty line. DZCDB has to be careful in granting assistance to non-applicants, especially on granting debt-relief, and has to make sure the granted assistance is necessary. The analysis of the characteristics of Zakat applicants indicates the severity of the poverty level and unemployment among the applicants which indicates the necessity for DZCDB to collaborate intensively with pertaining agencies not only to deal with the poverty and unemployment issues but also to help DZCDB to tailor its assistance.

This thesis seeks to resolve the debate between conservative and feminist thinkers over Muslim women’s participation in public space. It is divided into two parts. The first part examines the discourses of both partisans of the debate, taking Abu A ‘lā Mawdudi as representative of conservative thinking and largely Barbara Stowasser as representative of feminist thinking. This examination identifies that the debate rests decisively on conceptualizations of hijab and the pivotal role of the hadiths in informing these but that both conservatives and feminists are selective and literal in their use of hadiths. The second part examines the hadiths in the collections of Bukhari and Muslim in a full and comprehensive manner in their original Arabic text on the topics of women’s mosque attendance, visitation of graves, joining funeral processions, travelling, jihad and veiling. The findings largely uphold feminist positions but seriously challenge conservative conceptualizations of hijab, demonstrating that these are informed as much by cultural factors as by their reading of the hadiths. Above all, they confirm the hypothesis that apparently “restrictive” hadith when read within the context of other hadiths are found to be predicated in considerations other than to maintain gender segregation.

This thesis examines the problems of implementation of the Islamic “zakat” as a system of taxation. In doing so, it seeks to establish coherent and consistent principles for zakat assessment, collection and disbursement, and to measure the Saudi zakat system against these principles. The Kingdom of Saudi Arabia is regarded as the cradle of Islam and it would therefore have been expected that Saudi Arabia would implement zakat correctly. However, this thesis argues that the current implementation of zakat in the Saudi legal system is fundamentally flawed, because it does not comply with a significant proportion of the fundamental principles of zakat. This thesis highlights the problems inherent in Saudi Arabia’s arguably excessive reliance on fatwas for the implementation of zakat. It is argued that these fatwas have rendered contemporary practice of zakat distant from the fundamental principles of zakat. This issue is examined with reference to original sources on zakat (Quranic verses and related statements by the Prophet Muhammad), and Islamic jurisprudence generally. The contention herein will be that the Zakat Regulation in Saudi Arabia requires reform in accordance with the principles identified in this thesis. This thesis begins by examining the concept and principles of zakat, and then establishes the principles of zakat collection, zakat application and zakat disbursement, the zakat practice in Saudi Arabia and its problems, and finally offers recommendations that would render Saudi law conformant with zakat principles.