Trademarks are a valuable asset of a business and play a crucial role with regards to the quality of goods and its reputation, however, the rise in counterfeiting activities is undermining those benefits. Counterfeiting activities are considered to be the fastest growing phenomenon that focuses solely on reputable international brands ranging from cosmetics, watches, shoes and clothing, to cars and aeroplane parts. It has engulfed the world economy by dealing with fake commodities and intellectual property rights across the board. The PhD thesis looks at the relevant trademark laws in the Gulf Cooperation Council States (GCC) as an effective enforcement mechanism to deal with the rise of counterfeiting activities in the region. The GCC States have been listed among the countries with significant problems in terms of intellectual property protection and enforcement. Thus, the importance and effectiveness of border measures, judicial process, including civil and criminal proceedings in all six Member States are analysed using a combination of comparative, doctrinal, and socio-legal research. The main objective of the thesis is to show the degree to which the GCC States' legislative regimes and their enforcement efforts addresses counterfeiting problems to meet their international treaty obligations.

The modern role of the law of contract imposes a duty on the state to regulate the way individuals treat each other in the marketplace as part of fulfilling its social role. This thesis investigates the situation of contractual justice under Shariah and English law. It tests the extent to which contractual justice is protected under Shariah and English laws of contract. It indicates that the English law of contract is focused on the absolute sanctity of contract (in its classical form) and economic efficiency (in its modern form). On the other hand, the Shariah law of contract is governed by the general principle that gain comes only from labour and stresses the importance of the equivalence of counter-values. It reveals that while contractual justice under the English law of contract is procedurally oriented, it is substantively oriented under the Shariah law of contract. Additionally, the thesis also discusses the role of the law of consumer protection in pursuing contractual justice. While the consumer is protected under the English law by legislative control, the Shariah law of contract, which was the product of the seventh and eighth centuries, does not recognise the concept of the consumer. One would accordingly question the legitimacy of the action of protecting consumers in those states (take for example Saudi Arabia) that adopt Shariah as the law of the state. Most of the states, which adopt Shariah either alongside other normative systems or as the entire code, grant some kind of consumer protection measures within the law of contract. The thesis attempts to fill this gap by testing the viability of consumer protection derived from the Shariah law of contract. In doing so, attention is paid to the theoretical and practical aspects of the law. It is revealed that the Shariah law of contract is fit both from a theoretical and a practical perspective to serve the aims of consumer protection. The outcomes of the research should guide and enhance the legitimacy of consumer protection measures in Shariah-ruled countries.

This thesis looks at the South African development of employment legislation, the provision of the contract of employment, and employee-employer relationship. It briefly examines the historical development of such relationship in South Africa and the most recent legislation. In addition, this thesis also examines existing Islamic literature on the employee-employer relationship and analyzes these principles. The precedence set by Muslim jurists and the juridical verdicts are critically analyzed and discussed. The overall findings of this research into Islamic and South African perspectives on employee-employer relationship will hopefully have implications for policy makers, Islamic scholars, non-governmental organizations and a whole range of stakeholders, both locally and internationally. / Thesis (M.A)-University of Durban-Westville, 2004.

An adaptable service system adjusts to the operational-level environments of organisations to enable heterogeneous services. This adaptation is important for sustainability and contextual-value (benefit) creation in a service system. Academics, such as those related to the current service-ecosystem concept, acknowledge the significance of this adaptation. However, little is known about a comprehensive adaptation process and how that integrates within a design for a service system. Also, practitioners are inclined towards this development, as the financial regulator in Pakistan has established an “evolutionary framework”. This framework encourages financial institutions to design Shariah finance services (SFS) which respond and evolve to the emergent market environments. The existing SFS models take benefit from Islamic jurisprudence and economics literatures to provide designs for transactions of financial and physical assets. However, the SFS models de-emphasis the intangible service-elements, where the adaptation is more likely to occur. Currently there is a great need for models that could explain the detailed adaptation process and its placement in an SFS design. The aim of this research is to develop, evaluate and theorise a model for conceptualising a holistic adaptable service-system design. The research aim is achieved through the proposal of a novel deferred service-system design (DSD) model. The DSD conceptualises a service-system design that adapts to the operational-level environments of SFS organisations in Pakistan. The DSD has seven constructs: (i) the service creators apply centrally-planned designs to create a service ii) they adapt these designs to meet the requirements of emergent contexts (iii) the service personnel, customers and aiding parties co-create a service by integrating their (iv) roles and actions, (v) resources and usufructs, (vi) rules and control to generate (vii) value. DSD is based on service-system design (SSD) literature, SFS literature and theory of deferred action (TODA)  a theory of system and organisation design. A multiple case study strategy is employed to evaluate, extend and theorise the DSD developed in phase I. Qualitative data are collected in four SFS organisations: Islamic commercial bank, Islamic life Takaful, Islamic mutual fund, and Islamic leasing organisation. Thirty-two in-depth narrative interviews of SFS personnel are conducted and analysed using a narrative discourse analysis method. The findings are triangulated by adding focus-group discussions, visualisations and service offering documents. The empirical findings are synthesised with the extant literature to develop a novel and comprehensive DSD in phase II. The findings show that the service co-creators apply a centrally-developed planned design typology (PDT). PDT includes different blends of SFS models (e.g., partnerships, sales, leases, agency and endowment), expected varieties (list, range and negative) and addable-deductible modules. The service co-creators and their inclusive systems (e.g., families, societies, markets, regulators and other government agencies) affect the planned service-system design to adapt or migrate. The service co-creators follow a novel six-step deferred adaptation process (DAP): emergence locale, information diffusion, knowledge diffusion, indexation, specifics evaluation and adaptation/migration. The empirical findings advance our understanding of a service-system design by showing how a planned design enables adaptation through PDT. More importantly, how the service co-creators follow a systematic process, DAP, to attain the desired adaptation or migrate off the scene. The findings also broaden the conceptualisation of SFS by showing how it is co-created by the financial institutions, customers and aiding parties. This is due to the SFS being perceived as a product of financial institution alone. This research also makes a contribution to service visualisation method by extending and using the service blueprint as an additional data-collection and analysis tool. This study provided fourteen implications for the practitioners.

Magister Legum - LLM / As the world evolves new perils emerge which pose a significant threat to human and child rights, it is imperative that the protection of these rights is prioritised. Human rights can be defined as the rights that every human being is entitled to. The Universal Declaration of Human Rights (UDHR) was one of the first international legal instruments which set forth the basic human rights of citizens which are applicable irrespective of race, culture, sex or economic standing highlighting the universal applicability of human rights. Human rights violations have been prevalent on the African continent due to regimes such as apartheid and the innumerable armed conflicts which have played out in states such as Sierra Leone, Angola, South Sudan and Uganda. Over the past century a variety of insurgent groups have emerged, and their actions has resulted in catastrophic human rights violations across continent. Insurgent groups such as the Lord’s Resistance Army in Uganda, Al-Shabab in Somalia, M 23 in the Democratic Republic of Congo and the Tajoura Battalion in Libya are some of the armed factions at the forefront of current conflicts.

This thesis project addresses Islamic water management by presenting case studies on regional water issues and analyzing the extent to which Muslim-majority states behave in a way consistent with Islamic shariah law. The case studies presented in this thesis address both international cooperation related to the management of trans-boundary water basins (the Nile and Tigris-Euphrates River Basins) and domestic water management strategies employed by Muslim-majority states in the MENA region (Jordan and Yemen). In each case, it is not clear that there is consistency between the Islamic ideals discussed by academics and the actual techniques employed by various states. In international attempts at managing the shared waters of the Nile and Tigris-Euphrates Basins, the fact that many riparian states have Muslim-majority populations does not appear to make the management of trans-boundary resources any easier or more successful. The implications for Islamic water management at the domestic level is also unclear – with shariah playing a positive role in Jordanian attempts at water conservation but promoting the over-exploitation of resources in Yemen. Although shariah appears to play a limited role in the management of trans-boundary water resources, it seems to be better suited for informing how states internally manage their endowments of freshwater resources. / text

This dissertation assesses how Islamic finance fares as an example of 'civil compromise' in Islamic law. By focusing on the Islamic project finance sector, my research examines how the industry's main stakeholders (representing faith, capital, and power) cooperate and compete to bring about this compromise through the 'Game of Islamic Bank Bargains'. The Islamic finance industry is a work in progress, and while it has made some significant strides, it is still a niche in the global conventional financial order rather than an alternative to it. It has fallen short of fulfilling its originally-stated social justice aspirations, but has provided a previously unavailable form of banking and finance for Muslims to transact, at least formalistically, in accordance with widely-believed tenets of their faith. Thus, those who hold up Islamic finance as a universal panacea or dismiss it outright as a fraud have both got it wrong. It is neither. It is, rather, a complex myriad of incentives and aspirations of a multitude of stakeholders muddled together across numerous geographies and evolving incrementally and constantly. The state of the industry is the result of how the stakeholders (the shariah scholars, lawyers, bankers, government officials, and customers) have pursued their self-interest in the Game of Islamic Bank Bargains. My research examines who are the 'winners' and 'losers' of this game, and what religious, commercial, and political factors have influenced this outcome. I assess what may incentivise the incumbent 'winners' to guide the Islamic finance industry away from a formal and legalistic approach towards one that also incorporates principles from Islamic economics. I explore how the 'losers' - whose interests are not accounted for due to their lack of sufficient financial and political clout - can sway the outcome of the game in their favour.

This diploma thesis attempts to explain the background of the origin of Islamic interest-free banking, where the first part of the thesis is devoted to the attitudes of ancient jurisdictions towards interest in the Old Testament and the Christian middle ages. It also tries to explain the basic principles of Islamic banking's functioning, the specific products it offers, and to show its position and practices in selected Muslim and European countries.

Cette thèse porte sur le droit des femmes et les enjeux d'une amélioration de leur statut juridique et social. L'analyse des textes qui gouvernent le droit des femmes, essentiellement issues de la Charia, Constitution et lois du pays, révèle la nécessité de codifier les lois. La place des femmes dans l'ordre juridique saoudien est étudiée à travers la force de la loi islamique au sein du corpus juridique et l'influence des droits de l'homme internationalement reconnue. Les droits matrimoniaux sont exposés puisque la place des femmes dans la famille permet de mieux comprendre le statut des femmes au sein de la société. De nombreux obstacles ont longtemps entravé les libertés des femmes, particulièrement le poids des traditions, mais un nouveau pouvoir au féminin s'est imposé surtout depuis la nouvelle vision de l'Arabie Saoudite de 2030. Le gouvernement, la société saoudienne et les entreprises ont ensemble un rôle à jouer pour rendre justice aux femmes. / This thesis focuses on Saudi women's rights and the challenges to improve their legal and social status within the Kingdom. The analysis of the legal texts that govern women's rights from the sole official Constitution of the country - Shariah Law- reveals the need to codify laws. Women's position in the Saudi legal system is researched through the influence of Islamic Law and the international standards of human rights. A woman's rights within the household is a relevant indicator to her placement within the ranks of society. Many obstacles have long hindered women's freedom, particularly customs ans traditions as compulsory to society upbringing. Nevertheless, a new form of female power has emerged since the establishment of the Saudi Vision 2030. Moreover, the public and private sectors, including the society, have a major role to undertake in ensuring justice for women.

This study examines how the concepts of biomedical ethics are considered in Islam and how historical Islamic medical scholars treated the concept of ethics in their practice of medicine. Moreover, this research explores the principle of autonomy in biomedical ethics as a factor in Islamic practice of medicine. The issue of autonomy in medical practice is an important topic of discussion requiring examination of the methods of its adaptation and application in Muslim-majority countries. The value and significance of this topic continues at a global level, involving Muslim communities in Non-Muslim countries experiencing religious and social diversity. The fieldwork of this study was conducted in Turkey, Jordan and Gaza Strip, Palestine, investigating the subject matter with practitioners in health care sectors as well as with leading academics, researchers, non-government organizations and policymakers. The results indicate that the principle of autonomy is not fully implemented in the three countries from an Islamic perspective. / 博士(グローバル社会研究) / Doctor of Philosophy in Global Society Studies / 同志社大学 / Doshisha University