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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
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Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 1 to 3 of 3 (0.053 seconds)Spelling suggestions: "subject:"orthodox school"" "subject:"crthodox school""
| 1 |
An annotated translation of the manuscript Irshad Al-MuqallidinʾInda Ikhtilaf Al-Mujtahidin (Advice to the laity when the juristconsults differ) by Abu Muhammad Al-Shaykh Sidiya Baba Ibn Al-Shaykh Al-Shinqiti Al-Itisha- I (D. 1921/1342) and a synopsis and commentary of its dominant themesGamieldien, Mogamad Faaik 06 1900 (has links)
Text in English and Arabic / In pre-colonial Africa, the Southwestern Sahara which includes
Mauritania, Mali and Senegal belonged to what was then referred to as
the Sudan and extended from the Atlantic seaboard to the Red Sea. The
advent of Islam and the Arabic language to West Africa in the 11th
century heralded an intellectual marathon whose literary output still
fascinates us today. At a time when Europe was emerging from the dark
ages and Africa was for most Europeans a terra incognita, indigenous
African scholars were composing treatises as diverse as mathematics,
agriculture and the Islamic sciences.
A twentieth century Mauritanian, Arabic monograph, Irshād al-
Muqallidīn ʿinda ikhtilāf al-Mujtahidīn1, written circa 1910/1332, by a
yet unknown Mauritanian jurist of the Mālikī School, Bāba bin al-Shaykh
Sīdī al- Shinqīṭī al-Ntishā-ī (d.1920/1342), a member of the muchacclaimed
Shinqīṭī fraternity of scholars, is a fine example of African
literary accomplishment.
This manuscript hereinafter referred to as the Irshād, is written within the
legal framework of Islamic jurisprudence (usūl al-fiqh). A science that
relies for the most part on the intellectual and interpretive competence of
the independent jurist, or mujtahid, in the application of the
methodologies employed in the extraction of legal norms from the
primary sources of the sharīʿah. The subject matter of the Irshād deals
with the question of juristic differences. Juristic differences invariably
arise when a mujtahid exercises his academic freedom to clarify or resolve
conundrums in the law and to postulate legal norms. Other independent
jurists (mujtahidūn) may posit different legal norms because of the
exercise of their individual interpretive skills. These differences, when
they are deemed juristically irreconcilable, are called ikhtilāfāt (pl. of
ikhtilāf).
The author of the Irshād explores a corollary of the ikhtilāf narrative and
posits the hypothesis that there ought not to be ikhtilāf in the sharīʿah.
The proposed research will comprise an annotated translation of the
monograph followed by a synopsis and commentary on its dominant
themes. / Religious Studies and Arabic / D. Litt. et Phil. (Islamic Studies)
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| 2 |
Legal and regulatory aspects of mobile financial servicesPerlman, Leon Joseph 11 1900 (has links)
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked persons via mobile phones.
Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and
independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’
services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’
services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services
are provided through ‘agents.’
Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a
Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile
‘airtime’-based Store of Value.
The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed,
in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and
consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that
entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the
traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric
MFS rises to the ‘business of banking.’
An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is
undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be
deemed ‘money’ in law.
Consumer protection for MFS and payments generally through current statute, contract, and payment law
and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in
South African law is discussed.
The legal and regulatory regimes in the European Union, Kenya and the United States of America are
compared with South Africa. The need for a coordinated payments-specific law that has consumer
protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a
regulator for retail payments is recommended. The use of trust companies and trust accounts is
recommended for protection of user funds.
| vi / Public, Constitutional and International Law / LLD
|
| 3 |
Legal and regulatory aspects of mobile financial servicesPerlman, Leon Joseph 11 1900 (has links)
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked persons via mobile phones.
Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and
independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’
services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’
services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services
are provided through ‘agents.’
Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a
Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile
‘airtime’-based Store of Value.
The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed,
in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and
consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that
entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the
traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric
MFS rises to the ‘business of banking.’
An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is
undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be
deemed ‘money’ in law.
Consumer protection for MFS and payments generally through current statute, contract, and payment law
and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in
South African law is discussed.
The legal and regulatory regimes in the European Union, Kenya and the United States of America are
compared with South Africa. The need for a coordinated payments-specific law that has consumer
protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a
regulator for retail payments is recommended. The use of trust companies and trust accounts is
recommended for protection of user funds.
| vi / Public, Constitutional and International Law / LL. D.
|
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