The thesis aims to explore the resolution of family disputes among the Muslim community in the UK. It examines in particular the application of faith-based med arb currently applied at Muslim religious bodies, Shari'ah Councils and the mediation provided by state mediation bodies under English law. To achieve this, the English statutory provisions, rules and regulations with regard to mediation are analysed. A particular focus is paid to government efforts and judiciary approaches towards encouraging the use of ADR (Alternative Dispute Resolution) methods to resolve disputes and achieve mutual agreement following a divorce. Selected Shari'ah Councils were visited during fieldwork to investigate and observe their operation, the procedure of the issuance of religious divorce and the application of med-arb in the process. This study is therefore conducted based on and with reference to the Islamic law method of med-arb (tahkim).

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Exploration of the strata of Usul al-Fiqh establishes that the founders of the basic Sunni Schools differed over the authoritativeness of most basic shariah sources (e.g. ahad traditions and ijma), which did not preclude them from considering their counterparts as legitimate competitors. Early 8th/14th century Usuliyiin later consolidated Usul al-Fiqh into one version; its orthodox nature still dominates Sunni Islamic intellectual thought.

Fatimi Tayyibi law has a unique perspective on the principles of finance in Islamic law. The prohibition of riba (interest) and gharar (undue speculation), and the principles of freedom of contract provide a framework for the unplementation of the concepts of justice, equity, welfare, and fair play to prevent exploitation, undue speculation, undue litigation, and fraud. fraud. However, in frilfihnent of its claims of being a code of principles for all time, Fatimi Tayyibi )i law maintains the flexibility for adapting itself to changing times and environments.

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This study attempts to examine the principles and theory of maqasid alshaill ah, and their application to the development of Islamic law in Malaysia. The theory of maqasid al-shariah is a theory of interpretation which is based on the broad principle of maslapah and the extension of the principle of qiyis. This theory has been regarded as very dynamic and it could be a very useful mechanism in the development of Islamic law in the modem world. The study is divided into six chapters. Chapter One discusses the general meaning of maqasid al-shariah, its role in ijtihid, and its historical development. Chapter Two focuses on the scope, the classifications, the rules of priority of maqasid al-shariah, and investigates the relationship between maqasid al-shariz ah and other sources of Islamic law. Chapter Three analyses the methodology of the jurists for the deduction of law. It also examines the theory of maqasid al-shariah according to al-Imini al-Ghazzali and al- Imini al-Shatibi, and how the theory can contribute to the development of Islamic law in modem time. Chapter Four presents the history of the application of Islamic law in Malaysia. Chapter Five investigates the effects of colonisation on the application of Islamic law and the principles of maqasid al-shafiah and the present position of Islamic law in Malaysia. The final chapter, Chapter Six, critically examines the process of the Islamisation of laws and the application of the principles of maqasid al-shaiah in Malaysia.

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This study seeks to explore some of the main problems contemporary British Muslims encounter from the perspective of Islamic jurisprudence. In so doing, it mainly aims to shed light on the extent Muslims in Britain face problems and what impact they might have on their religious identity as well as relationship, belonging, and contribution to the wider society. In so doing, the study will strive to examine whether existing fiqh (Isalmic jurisprudence) literature is adequate to guide contemporary fiqh scholars to deal with such issues effectively and how some contemporary answers to such issues are inappropriate. If that is the case, what would be the way forward jurists should take to find appropriate solutions? Hence, this study will use qualitative methodology to investigate such issues and questions and it will lead the study to emphasise the necessity to find answers to such problems and a mechanism to handle them, which this study would seek to suggest as a jurisprudential approach called fiqh al-aqalliyyāt al-Muslimah (Islamic Jurisprudence for Muslim Minorities) based on values, principles, universalities, and higher objectives of Islamic law: maqāsid al-Sharī‘ah (Purposes of Islamic Sharī‘ah) presented by revisiting textual sources of Islamic law as well as lived examples of early generations of Islam. It will also make some suggestions about further studies needed as regards to fiqh for Muslim minorities.