Determining whether stoning for adultery and hand-amputation for theft were practiced in pre-Islamic Arabia represents the first phase in exploring the origins and evolution of these penalties in Islamic law. Should both punishments prove to predate Islam, then it would appear the Qur'an broke with stoning and confirmed amputation of the hand. An extensive survey of pre-Islamic, Near Eastern legal materials in search of parallel penalties has thus been attempted in this thesis. Remarkably, not only stoning and hand-amputation, but nearly the entire range of Islamic adultery and theft legislation have pre-Islamic parallels. The nature of these parallels, however, does not conform to the paradigm of 'borrowing' from 'foreign' sources. Rather, Arab customary law---a major contributor to Islamic law in general---appears to have diverged from an ancient Semitic 'common source' once shared with other Near Eastern cultural entities. Most major elements of Islamic criminal law, including stoning and hand-amputation, therefore represent the culmination of an ancient Semitic common law.

Thesis (Ph. D.)--University of Washington, 2008. / Vita. Includes bibliographical references (leaves 277-315).

Thesis (Ph. D.)--University of Chicago, Dept. of Near Easter Language and civilization, December 1999. / Includes bibliographical references. Also available on the Internet.

No description available.

The aim of this thesis is to comprehensively survey and evaluate scholarship, from Ibn Khaldun (1332-1406) to the present, on the fate of Islamic science between the eleventh and sixteenth-centuries, and to outline a more adequate scholarly approach. The thesis also assesses the logic and empirical accuracy of the accepted decline theory, and other alternative views, regarding the fate of Islamic science, and investigates the procedural and social physiological factors that give rise to inadequacies in the scholarship under question. It also attempts to construct an intellectual model for the fate of Islamic science, one that examines the cultural environment, and the interactions among different cultural dynamics at work. Drawing upon Ibn Khaldun's theory and recent substantial evidence from the history of Islamic science, this thesis also entails justifying the claim that, contrary to common assumptions, different fates awaited Islamic science, in different areas, and at different times. For the period of Ibn Khaldun to the present, this thesis presents the first comprehensive review of both classical and contemporary scholarship, exclusively or partially, devoted to the fate of Islamic science for the period under study. Based on this review, the thesis demonstrates that, although the idea that Islamic science declined after the eleventh century has gained a wide currency, and may have been established as the preferred scholarly paradigm, there is no agreement amongst scholars regarding what actually happened. In fact, the lexicon of scholarship that describes the fate of Islamic science includes such terms as: "decline," "decadence," "stagnation," "fragmentation," "standstill," and that Islamic science "froze," to name just a few. More importantly, the study shows that six centuries ago, the Muslim historian Ibn Khaldun provided a more sophisticated and complex theory regarding what happened to Islamic science, which was not utilised except in the work of two scholars. The thesis tests the adequacy of the different claims by applying them to four case studies from the history of Islamic science, and demonstrate that evidence for specified areas shows that different fates awaited Islamic science in different areas and times. In view of the fact that Ibn Khaldun's theory is six centuries old, and that evidence of original scientific activity beyond the eleventh century emerged in the 1950s, what would one expect the state of scholarship to be? One would expect that with the availability of such evidence the usage of "decline" and other single-faceted terms would begin to disappear from the lexicon of scholarship; scholars would show awareness, and criticism, of each other's work; and development of more and more sophisticated concepts would emerge that would explain the fate of Islamic science. The thesis demonstrates that this did not happen. It argues that the key problem is that, after Ibn Khaldun, there was a centuries-long gap, in which even excellent historians used simple, dismissive terms and concepts defined by a limited, but highly persistent, bundle of interpretative views with a dominant theme of decline. These persistent themes within the scholarship by which Islamic science is constructed and represented were deeply embedded in many scholarly works. In addition, many scholars failed to build on the work of others; they ignored major pieces of evidence; and, in most cases, they were not trying to discern what happened to Islamic science but were referring to the subject as part of another project. Thus, in this corpus of scholarship, one that contains the work of some of the 'best' scholars, the myth of the decline remains not only intact but also powerful. Convinced of its merit, scholars passed it on and vouched for it, failing to distinguish facts from decisions based on consensus, emotion, or tradition. There are very few noteworthy cases where Islamic science is being represented in ways that do not imply negativity. There are also some few narratives that present more complex descriptions; however, even Ibn Khaldun's complex theory, which is arguably the most adequate in the scholarship, is non-comprehensive. Some modern scholars, like Saliba and Sabra, present a challenge to the common argument that Islamic science suffered a uniform decline. However, in the absence of any significant challenges to the common claims of the fate of Islamic science, particularly that of decline, it is evident that, at the very least, the scholarship seems to offer support to the work of discourses that construct the fate of Islamic science in single-faceted, simplistic and reductive terms.

Architectural historians have always seen the Islamic city and Islamic house as unsystematic in design and layout. In this work I show that there is a basic spatial symbolism predating, and then adopted by, Islam, based on three major concepts. The first is that there is a residual notion of center as something sacred; secondly that instead of dichotomies or binary oppositions space in Islamic architecture is a continuum and lastly that the center of the center, whether or not it has any visible symbolism, (fountain for example) is an axis mundi, or vertical axis to the heavens. These features are seen not just in urban and housing designs, but also in mosques, madrassas, and garden layouts.

The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law of tort, the concept of ḍamān (liability) in the Islamic law of tort as well as the discussion of Strict Liability and Vicarious Liability. Chapter two is concerned with the types of tort to person and property, particularly the torts of assault, battery, false imprisonment, kinds of trespass, ghaṣb and itlāf. Chapter three examines the Sharī'ah conception of liability for premises and liability for animals. Chapter four expounds the liability for chattels and clears up the nature and scope of nuisance in Islamic law, their origins and concepts. Chapter five elucidates the liability for the escape of fire and water, and concerns also the discussion of liability of medical practitioners and medical negligence. Chapter six discusses more generally the topic of negligence. The thesis concludes by taking an overall look at the ways the law of tort operates in the Sharī'ah.

Approved for public release; distribution in unlimited. / In the mid 1980s, the Muslim separatist problem was eliminated in southern Thailand when the government took a two-fold approach: first, to empower the military to oversee both the police and civil-service sectors; and later, based on recommendations from the military, to initiate new social and economic policies. This thesis examines, through both an anthropological analysis of the conflict and a theory of counterinsurgency, the re-emergence of the Muslim separatist groups in southern Thailand and provides both short and long term solutions for the Royal Thai government. It offers a background analysis of the historical relationship between the Thai government and Thai Muslims in order to highlight why the former separatist problem occurred in Thailand. Next, the current separatist problem is examined to determine why this issue has reoccurred and possible reasons for the government's underestimation of the situation. This thesis then addresses measures the Thai government may take to preclude a future Muslim separatist insurgency, and offers both an analysis of former measures that were successful and an appraisal of the current conditions conducive to an insurgency. Finally, the conditions necessary for a successful resolution of the Muslim separatist problem are delineated in short term and long term solutions. / Lieutenant Colonel, Royal Thai Army

Most of the prior research in the area of Islamic Investments has looked at performance; little attention has been given to the relationship between screening criteria and performance, especially in the GCC region. Therefore, this thesis examines the impact of using different screening criteria on the creation, and hence the performance of, Halal portfolios in Kuwait. In contrast to previous studies, the present study breakdowns Halal stocks in to ‘pure Halal’ (PH) and ‘Mixed Halal’ (MH), and the non-Halal stocks in to ‘Sin’ and ‘Mixed Sin’ (MS). This is to respond to the debate among Shariah scholars about the screening criteria, whether the fatwa on investing in them should be revisited and is it the right time to move towards pure Halal investments only. Specifically, this study explores the impact of tightening the current screening criteria on the creation and performance of Halal portfolios under different market conditions. Hence, broadly speaking, this thesis examine the issues associated with the creation and performance assessment of the Halal and non-Halal portfolios. For the purpose of this study, both quantitative and qualitative methods were employed. Firstly, due to the scarcity of literature, information and issues related to screening and performance were discussed with 58 face-to-face interviews with key figures in the Islamic investment funds industry in the GCC. The interviews explore whether MH are good investments from a Shariah perspective, and if there is a need to revisit the fatwa and the screening criteria. Secondly, different Halal portfolios were constructed based on the screening definitions suggested by the interviewees using a content analysis of companies’ annual reports listed in Kuwait Stock Exchange (KSE). This is to investigate the impact of applying different screens on the size of the Halal asset universe and whether it is possible to create diversified pure portfolios or at least MH that are close to pure Halal portfolios. Thirdly, quantitative methods were employed to examine whether these Halal portfolios are good investments from a financial perspective, using parametric and non-parametric statistical analysis and traditional risk-adjusted performance measures. Performance was first compared with the KSE market and a control portfolio (CP) as benchmarks then a ‘matched pair’ approach was also conducted. Finally, a general linear model (GLM) was applied to inspect whether the Shariah classification of stocks or other factors such as firm size, sector, and the global financial crisis (GFC) impact on performance. The findings from the interviews suggest that PH and MH investee companies are different types of Halal investments, and that there are a growing number of Islamic funds and individual investors that invest only in PH stocks, driven by religious motivations. Further, some interviewees seriously questioned the Shariah-compliance of MH stocks and thought of the fatwa that allows MH stocks should be revisited. Therefore, many interviewees agreed that the financial screening criteria needed to become tighter and that companies in Muslim countries should be treated differently from western ones as noted by Wilson (2005). Interviewees revealed that AAOIFI’s screening criteria are widely adopted in the GCC but most interviewees believed that the change in AAOIFI’s criteria in 2006 from total asset to market capitalization was intended to expand the Halal asset universe. Nonetheless, the analysis of companies’ annual reports finds that the use of AAOIFI (2006) during the GFC resulted in a sizeable number of MH equities being re-categorised as MS stocks, but without harming portfolios’ performance. Further, the statistical analyses suggest that there is no penalty for Halal investments during the full, the bullish or GFC periods, even after halving the screening thresholds. Differences were only identified during the bearish period, showing that some sin portfolios performed better, but overall, Halal portfolios did not underperform either the CP or the KSE index in any of the sample periods. Moreover, the GLM analysis also supports this finding that the Shariah-compliance of stocks is not the main factor affecting performance, but rather the sector they belong to and the GFC period. Hence, Islamic funds should consider allocating their investments more in the non-financial sectors rather than in the financial sector, especially during bearish markets to improve diversification. Nevertheless, there are fewer PH non-financial stocks, so, a ban on investment in MH stocks is premature, but ‘tightening’ the MH stocks’ financial screening thresholds is currently a better option. Some interviewees, also suggested that PH investors could diversify their portfolios by investing across all GCC stocks markets. Thus, Islamic fund managers need to be active fund managers focusing on certain sectors and markets in different market conditions. Halving the financial screening thresholds did not hurt MH portfolios’ performance because the loss in the number of MH stocks is compensated for by the lower interest-bearing gearing ratio of the individual companies suggested by the halved thresholds. This is supported by previous studies that report a negative relationship between stock returns and firms’ gearing, especially during market downturns (Penman et al., 2007; George and Hwang, 2010; Bhatt and Sultan, 2012). Finally, the screening analysis reveals an inadequate level of disclosure for assessing Sharia-compliance from companies’ annual reports. This highlights the need for harmonizing the Shariah screening criteria, and the development of accounting and auditing standards based on Islamic values rather than western ones to reflect the unique characteristics of Halal investment.

The aim of this study is to examine how the historical genealogy of Islamic educational tradition, particularly the tradition of teaching and learning, has contributed to the development of Islamic education in Indonesia. By drawing together in an analytic way a historically based description of the social and political circumstances surrounding Indonesian Islamic education, the study discusses some significant issues concerning the religious base, knowledge base, structural form, and the pedagogical approach of Indonesian Islamic education, all of which are important to the development of a modern form of Islamic education. The argument of the thesis is that the existing values of the Islamic tradition in education, particularly evident in Madrasah schools, provide a valuable basis for further developing and reconstructing an effective Islamic education system in Indonesia. However, there is also a strong need to construct an Islamic education curriculum in Indonesia that can meet the challenge posed by the circumstances generally understood as 'modernity'. The quality of teaching and learning in the Madrasah are very much influenced by the quality of the wider Islamic education programme. Any change in the curriculum of Islamic education will thus have significant effects on the quality of the Madrasah schools in Indonesia. This thesis will thus conclude by suggesting some implications for further development of Islamic education that arise from the study. This is a qualitative study using an historical genealogical approach to discover, understand and analyze the challenges currently facing Islamic education In Indonesia. The techniques for collecting data involved, primarily, a critical reading of historical and contemporary policy documents. Primary and secondary sources were also collected, studied and subjected to a critical reading in the production of this account of Indonesian Islamic education.