There is a legal separation in Jordan between Sharia' (Islamic) Law and Civil Law. Both types of law come together to create criminal law that has a negative effect on women's rights. Laws in Jordan are evolving in the right direction but are not going far enough to protect women from violence. This study explores the issues of violence against women in Jordan through a study the Jordanian legal system and the experience of women who suffer violence. The working of the Jordanian justice system is presented by analysing the responses of state and non-state institutions dealing with violence against women. Included in the research is an analysis of feminist concerns with the law and the position of women in society. My concern is with the way in which women's inferior position impacts on their experience of violence and their ability to obtain redress and access protection. The methods used to complete this study included qualitative data collections such as field observations, and semi-structured participant interviews. It also extended to archival work in which I studied official reports and public policies on VAW. My study attempts to explain the structure of gender relations and women's experiences of violence in the context of Jordanian society by using feminist theory. The empirical work conducted in Jordan considered the effectiveness of law in serving victims. Further analysis considers how the Jordanian socio-economic and legal environment influences women's decisions on whether to seek help. The research found that there is a need to introduce better-developed law accompanied by additional policy measures to affect an essential change in attitudes. This requires changing some laws and policy programmes to increase awareness of legal rights. Additionally, I will suggest that applying Islamic law to women's rights can also give women more freedom and provide them with additional opportunities to access protection. The research identified a need for coherence between Civil and Sharia' (Islamic) Law in developing civil and criminal remedies which would align Jordan's domestic law to its international obligations.

This study discusses the relationship between the religious and the political in the thought and practice of the Islamic Resistance Movement Hamas in its struggle with Israel as it views it. It critically investigates the thought and the religious framework of the movement and its mother organization, the Muslim Brotherhood. It explores the overlap between the religious and/or the ideological dimensions of the theory and practice by revealing how Hamas draws inspiration from Islam, a framework it describes as "religious". It analyses the ground on which Hamas' ideological convictions are based, and how they developed. This is being done by attempting to understand the role of religion in the formulation of the convictions (i.e. ideology) of the Muslim Brotherhood – and therefore those of Hamas - in their comprehension of the conflict with Israel. This research has sought to fill a void in the context of studying the Muslim Brotherhood and Hamas by trying to explain the mechanisms of religious and political interaction and the role this interaction has played in shaping the ideological convictions of the two movements in the context of their conflict with Israel. Reviewing the religious reference of Hamas helps us to understand that any change in one of Hamas' positions does not imply the abandonment of its religious reference, but rather a shift from one considerable Islamic fiqhi (jurisprudential) opinion to another. Thus, the thesis examines the accuracy of many of the Brotherhood's and Hamas' positions and ideological beliefs, as well as comparing them to the other authentic Islamic view points. The study further highlights in detail the impact of the movement's adaptation to fixed “religious” principles and their implementation within a set of complex situations, as presented by the current state of affairs in Palestine. Moreover, the research examines Hamas' application of the Prophetic and Islamic historical experiments, as they relate to the current conflict with Israel from the movement's point of view.

In the 21st century Muslims can be found as minorities in what can be described as secular, democratic western countries. The research presented in this study will trace the process by which this community arrived in Western Europe and in particular Britain. Furthermore, it will explain how the community developed its faith identity within this context by detailing three particular stances they have adopted, namely; assimilation, isolation, integration. The thesis argues that rather than the assumption which exists that applying Traditional Islam causes Muslims to isolate from the indigenous population and form a 'state within a state' it actually gives the religious confidence and identity to integrate within the wider society. The study also focuses on Islamic Law as interpreted by the 'anaf' Law school and highlights in detail the multi-pronged and robust nature of its legal theory and subsequent application. There is an opportunity whilst determining the context to challenge the so-called 'classical' Islam's view of the world, especially the view that all non-Muslim lands are d'r al-'arb. The research details a novel understanding of the classical view and discusses how the state's attitude towards Islam and Muslims determines its territorial ruling. In conclusion, the study has shown that the traditional interpretive model inherently possesses the flexibility, relevance and applicability to take into consideration minority-status of Muslims in Britain adhering to the 'anaf' Law School. This is manifest by the ability this model has to deal with contemporary issues in wide ranging subjects like Medicine, Politics and Finance As a result it facilitates their integration within this secular society whilst remaining true to their faith.

Gay sexuality is seen as a great sin and consequently punishable in several countries in parts of the Muslim community’s. Homosexual persons are being subjected to related violence and dignity because of the expression of their gender, sexuality or honorary norms. The purpose of this paper is to find out how homosexual Muslims living in the city of Umeå unite their sexual orientation with their beliefs and see if they believe Islam as a religious obstacle   or if there are other cultural phenomena that prevent them from ”coming out”   The result of this study shows that the majority of the interviewed people do not see religion as an obstacle to their sexual orientation, by questioning the hadith statements of trust. Respondents argue that Hadith literature came a long way after the death of Prophet Muhammad. The majority of the interviewed claims that the Hadith literature is human constructions that were written down long after the death of Prophet Muhammad.

Dans les deux siècles précedents, avec l’accélération des progrès scientifiques de l’homme, le droit tel d’autres domaines scientifiques a eu des évolutions et progrès. Une d’entre celles est le progrès considérable du droit de l’Homme en tant qu’une branche de droit. Tant qu’il semble dans plusieurs sociétés la déclaration des droits de l’Homme et ses enseignements se sont remplacé au lieu sublime et respectable des enseignements religieux et des textes divins. Dans telles situations il est évident dans les cas où il y a une contradiction entre les enseignements religieux et celles du droit de l’Homme cela produit des litiges et des conflits entre eux. En étudiant les matières litigieuses éventuelles entre les principes du droit de l’Homme et les enseignements et instructions religieuses, notamment le figh chiite, dans le domaine du droit privé et l’étude des lois de la république islamique d’Iran - connu comme un gouvernement religieux qui conforme son droit avec le figh chiite - dans ce domaine il semble que les contradiction existant dans les plusieurs cas n’est pas le résultat inévitable et sûr de la croyance solide à la religion et à l’école (chiite) mais seulement il est la répercussion d’une façon de vue spéciale er des interprétations radicales des enseignements religieux. / In the last two centuries, the science of law as well as other scientific disciplines has made significant developments. One of them is the recognition of human rights. Undoubtedly, today human rights issue is considered as one of the main concerns of the international legal community. As far as it seems in many communities, Universal Declaration of Human Rights and human rights teaching, replaced some scriptures and religious teachings which had high status and respectful position in the past. Considering this reality, it is obvious that dispute and conflict occurs between the activists of the two domains!. By studying the possible conflicts between human rights principles and Shiite religious teachings (One of the Islamic schools) in the area of private law, and the study of the internal laws of the Islamic Republic of Iran- As a theocracy which approved and set its rules in accordance and comply with the Shia principles - In this field, it seems that the existing conflicts in many cases, is not the inevitable result of belief in Islam and adherence and obligation to the Shia principles, but as a result of a specific look and a radical interpretation of religious teachings.

La presencia de comunidades musulmanas en Europa es cada vez más frecuente. El fenómeno de migraciones de poblaciones de los países árabes es bastante reciente, de hecho se remonta a los años Sesenta, pero solo con tiempo se afirma el concepto de identidad religiosa que caracterizan el musulmán y condiciona cada aspecto de vida cotidiana. En el viaje hacia el Oeste, los musulmanes conllevan las prácticas socio-jurídico que mal se adaptan a los sistemas europeos. Por lo tanto el Estado, con los relativos acuerdos, se encuentra a determinar el tipo de relaciones que propone tener con las comunidades musulmanes establecidas en el mismo territorio. El escenario histórico que se refiere a el nacimiento de la sociedad islámica, ha permitido delinear los fundamentos del sistema de solidaridad y mutualidad, típico de la Umma y que ha influido el sistema de gestión y administración de los tributos. Hoy en día parece encontrar, en el contexto occidental, aunque en modo informal, un sistema de prácticas jurídicas desarrollado para las comunidades musulmanas, similar a lo utilizado en la historia y que define el concepto de solidaridad islámica.

In the 21st century Muslims can be found as minorities in what can be described as secular, democratic western countries. The research presented in this study will trace the process by which this community arrived in Western Europe and in particular Britain. Furthermore, it will explain how the community developed its faith identity within this context by detailing three particular stances they have adopted, namely; assimilation, isolation, integration. The thesis argues that rather than the assumption which exists that applying Traditional Islam causes Muslims to isolate from the indigenous population and form a ¿state within a state¿ it actually gives the religious confidence and identity to integrate within the wider society. The study also focuses on Islamic Law as interpreted by the ¿anaf¿ Law school and highlights in detail the multi-pronged and robust nature of its legal theory and subsequent application. There is an opportunity whilst determining the context to challenge the so-called ¿classical¿ Islam¿s view of the world, especially the view that all non-Muslim lands are d¿r al-¿arb. The research details a novel understanding of the classical view and discusses how the state¿s attitude towards Islam and Muslims determines its territorial ruling. In conclusion, the study has shown that the traditional interpretive model inherently possesses the flexibility, relevance and applicability to take into consideration minority-status of Muslims in Britain adhering to the ¿anaf¿ Law School. This is manifest by the ability this model has to deal with contemporary issues in wide ranging subjects like Medicine, Politics and Finance As a result it facilitates their integration within this secular society whilst remaining true to their faith.

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Philosophiae Doctor - PhD / The present research examines the post-formative Islamic legal literature surrounding the question of women’s leadership to gauge whether and to what extent the development of Islamic legislation pertaining to women was determined by genderattitudes prevalent in Muslim society. There are three main theories to explain the prevalence of Islamic legal rulings divesting women of leadership roles. The first is the traditional view that these rulings are best explained by the application of the theoretical and hermeneutical approaches of classical Islamic legal theory to the Islamic source texts, the Qur’ān and Sunnah. The second is that the rulings are best explained as the consequence of the widespread gender attitudes in near-eastern society during the formative and early post-formative period of Islamic Law. The third is that legal inertia is the primary factor in explaining the existing post-formative Islamic legal corpus and little can be determined from it regarding the origin and early perpetuation of the laws. These competing theories are tested and explored by returning to a broad survey of Islamic legal texts from the four canonical schools of thought. The relevant passages from these texts are first translated and then examined according to three separate analytical approaches – a legal-hermeneutical analysis, an analysis of gender motifs, and a diachronic analysis of legal arguments – to explore the ways in which classical legal scholars arrived at and justified the prohibition of female leadership in politics, the judiciary, and congregational prayer. Key

The purpose behind this theses is to introduce the doctrine of jihad as a legal concept established in Muslim jurisprudence [fiqh] through the analysis of Arabic primary medieval legal sources and the writings of contemporary Islamic intellectuals. Firstly, its author will focus on the notion of jihad in classical Muslim jurisprudence and then proceed to examine the modern reinterpretations of jihad. The introduction provides and insight into the basic features of the religious law of Islam and its system. The second chapter is concerned with the definition of jihad and siyar in the books of fiqh as a regulatory basis governing the conduct of military expeditions. Then, it reviews the interpretative issues faced by Muslim exegets of the Quran and hadith posed by the application of abrogation mechanism [nasch] and analyses the early writings on jihad with respect to their structure, areas of regulation covered and the use of legal arguments and sources by their authors. The analyzed works include hadith collections of Al-Bukhari, Abu Dawud and Ibn Majja and the books of Malik and Al-Shaybani considered as the first codifications of Islamic laws of war. The third chapter presents the substantive rules of jihad as discussed by ibn Rushd in his legal handbook Bidayat al mujtahid which entails limits on...