This thesis has investigated various opinions of Muslim Imams and Scholars which are reviewed and meticulously discussed while making an effort to identify certain transactions and arrive at the best and most accepted judgments pertaining to buying and selling issues in the market place. The study defines lawful and unlawful Trade Practices within the Islamic Sharīʻah and discusses rules and conditions pertaining to each. It also discusses certain types and scenarios which might be considered lawful or unlawful after investigating scholars‟ opinions and arguments. This study examines Trade Practices in the world of business and commercial transactions from an Islamic perspective and focusses on the basics of Islamic Trade Practices law. In particular, emphasis is placed on investigating lawful and unlawful Trade Practices of early Islamic commercial transactions while identifying parallels to determine modern-day transactions as sanctioned or not by the Islamic Sharīʻah. The researcher has explained that the basics of Islamic Sharīʻah guarantee the rights of both the seller and buyer with emphasis on maintaining an economy free of monopoly and cheating of any kind. While the seller is encouraged to honesty transactions and makes profit, guarantees are given to the customers that cheating or misguidance is forbidden within the spirit of true Islamic commercial transactions‟ teachings. The study has also focused on ethics as playing a decisive role in commercial transactions in a way that may affect the validity of sale contracts. Finally, the study calls for revitalising Islamic basics and rules to be more in tune with modern-day Trade Practices and business transactions in the organisation of trading in the market place and the world of business at large.

No description available.

M.Com. (Economics and Econometrics) / Poverty is a multi-dimensional problem that requires a solution that is both multi-dimensional and systematic. The research contained in this dissertation is important because it explores the Shari’ah approach to multi-dimensional poverty reduction as a more suitable alternative to the conventional, uni-dimensional approaches to poverty reduction, especially from a theoretical perspective. The main argument presented in this dissertation is that the theoretical Shari’ah approach to poverty reduction provides a more detailed framework than the conventional uni-dimensional approach for addressing the various dimensions of poverty and their interrelationships under secular conditions. The study was based on a non-empirical, critical analysis of the available literature. The motive for addressing the problem in this manner was because a truly comprehensive conceptual framework surrounding the Shari’ah approach did not truly exist prior to this study. The first of two important conclusions reached in this study are that Shari’ah could theoretically assist with offering a holistic and systemic theoretical framework...

Thesis (Ph.D.) -- McGill University. / Written for the Dept. of Political Science. Typescript. Bibliography: leaves 453-489.

Thesis (M.A.)--Miami University, Dept. of History, 2003. / Title from first page of PDF document. Includes bibliographical references (p. 49-53).

This thesis is an attempt to analyze Fazlur Rahman's hermeneutical method: his theory of the divine revelation of the Qur'an and its application to the case of zakat (alms) and riba (usury) in particular. Rahman's theory is firmly in touch with reality and he proposes a well-argued system of Qur'anic methodology. Theoretically, he seeks to determine the general principles behind the Qur'anic legal texts, since the latter were contextualized by time and place while the former are universal and eternal. Practically, Rahman calls Muslims to an intellectual jihad in the effort to reformulate the Qur'anic legal injunctions on social matters in order to solve the problems of the present. Rahman sees the long-standing ad hoc solutions, such as those of the traditionalist Muslims, as unworkable due to their piecemeal treatment of the Qur'anic teachings. / The thesis then explores Rahman's proposal for hermeneutical philosophy particularly of Gadamer and Emilio Betti. It attempts to show that Rahman's use of the notion of 'effective history' to understand the 'mind' of the Prophet in formulating the Qur'anic laws leads him to subjectivism. For one thing, he judges the Prophet's mind from the present century when rationality and technology play a dominant role. Besides, laws in the Qur'an are explained in terms of their socio-economic background. Consequently, the thesis comes to the conclusion that Rahman's hermeneutics are lacking in theological considerations and the legal intentions of the Qur'an are secularized.

The thesis examines the origins and function of legal theory ( usul al-fiqh) within the context of the development of early Islamic law. I argue against the depiction of the development of law as a series of compromises between traditionalism and rationalism. Rather, by evading the demands of traditionalism, law evolved into a complex doctrinal entity rooted in the social structures of third-century Abbasid society. This revision of the development of law provides a context to evaluate early works of legal theory. Moreover, in context of my analysis of the development of law, I attempt to explain the emergence of legal theory as an independent discipline and its function within the greater structure of law.

No abstract available. / Thesis (M.A.)-University of Durban-Westville, 1993.

This thesis studies an aspect of Islamic legal reasoning in terms of the method for determining the ruling on cases for which the Shari'a has no textual basis. Al-Ghazali (d. 550/1111), a great Muslim theologian, philosopher and sufi as well as a remarkable jurist, made an important contribution to this methodological problem. His theory of munasaba proposes a technique for making a ruling on the basis of an understanding and interpretation of the meaning behind the Shari'a. With this theory, a new case can be decided through a rational analysis without direct support in the textual sources. This theory is related to the legal doctrine of maslaha according to which legal reasoning ought to be mainly guided by considerations of public interest. Al-Ghazali argues that the absence of textual basis does not mean the absence of guidance and principles in the Shari'a concerning undefined human interests. This theory rests on the theological premise that God's rulings embody a meaning and purpose which can be perceived; such meaning, arrived at through an inductive survey of the Shari'a rulings, is taken to indicate the Shari'a customary orientation which is to be followed in understanding new cases. The theory is thus neither independent reasoning nor justification for arbitrary decision, because it is the Shari'a meaning which determines the ruling on new cases. While al-Ghazali justifies the extension of the Shari'a's meaning to new eventualities so that the law is not restricted by the limited scope of the revelation, he disclaims any influence of the Mu'tazilis. This thesis analyses not only al-Ghazali's theory of munasaba but also his many examples which serve as a practiced guide to an understanding of the adaptability of Islamic law to social change.

This thesis examines the custom of child marriage in Islamic law and its practice in Muslim society. It also gives an overview of the history of child marriage from ancient to modern times. The focus of this research is the status of child marriage in the modern Muslim world as a continuation of ancient tradition and the role historical interpretations of Islamic law play in its perpetuation. / Child marriage was once a globally accepted and practiced phenomenon. Over the centuries its practice has diminished considerably. Today, although child marriage is viewed as an offensive act and discouraged by the majority of governments around the world, it continues to exist to a significant extent in most parts of the Muslim world. Those Muslim communities which persist in condoning and practicing child marriage are not only affected by cultural traditions but also by their form of understanding of Islamic law. This particular understanding is mostly informed by local religious leaders within their communities who base their justifications on medieval perspectives and interpretations of what constitutes divine law. / It is no coincidence, however, that child marriage is restricted to the impoverished, uneducated and rural sectors of society; people who have little choice in deciding their futures and due to harsh and straitened circumstances find it difficult to see any other alternatives.