This work will cover in detail the issues of representation, falsity, factuality, materiality, fraud, inducement and damage. It will also examine other important issues such as exceptions to the rule requiring factuality, exceptions to the rule requiring materiality (plus the general trend of the current law), the rationale behind the factuality rule, the rationale behind the materiality rule, different ways of making a misrepresentation, partial misrepresentation, gross negligence not necessarily amounting to fraud, the theory of continuity of representation, burden of proof, the need for not easing the proof of fraud, the need for taking a harsh position against fraud (after it has been clearly proved), irrelevancy of the defendant's motive to the charge of fraud, irrelevancy of the representee being negligent to the charge of fraud, the law requiring less from the plaintiff in fraud cases, the logic behind the inducement requirement, causation test, the link between materiality and inducement, the representation not being required to be the sole cause of inducement, recoverable damages in a deceit action, the tortious measure of damages, the general trend of the present law as to the recoverable damages in a deceit action, the impact of both practical considerations and logic on the law of misrepresentation, reconciliation between English law and Shi'i law whenever they look different. This research has resulted, <I>inter alia, </I>in the following. First, in <I>English </I>law, the elements of fraudulent misrepresentation are: (1) falsity; (2) communication; (3) dishonest belief; (4) <I>inducement</I>; (5) damage. And, in <I>Shi'i</I> law, they are: (1) falsity; (2) communication; (3) dishonest belief; (4) <I>materiality</I>; (5) damage. Second, though in relation to the elements required by each system, there are some differences between the two, these differences are incapable of causing a considerable difference between the two systems. Third, both systems have taken a harsh position against fraud. Fourth, English law (compared to Shi'i law) has taken a harsher position against the fraudulent misrepresentor, and Shi'i law (compared to English law) has given more security to the transaction. Anyway, as long as the position of both systems are based on taking a harsh position against the fraud, the fact that one system, unlike the other, has taken a harsher position does <I>not cause a considerable </I>difference. Finally, this thesis has shown that the positions taken by Shi'i law find similarities in corresponding positions taken by the modern law (i.e. English law).

This study is an attempt to highlight a few aspects of the Islamic revival and reawakening in Bangladesh in the period between 1905 to 1975. Being once part of the British Empire, Bangladesh was bequeathed secular education and secular government. In pre-colonial period Islam commanded great respect in as much as Islamic education and Islamic law are concerned. With the coming of the British, the role of the <i>Sharf'ah and 'Ulama </i>diminished. Our main concentration in this study is devoted to the role of traditional <i>'Ulama </i>who as true disciples of Shah Wali Ullah Al Dehlawi, pioneered his revival mission in the twentieth century. Particular attention has been devoted to the activities of four major <i>daw'ah</i> movements (Islamic missionary), namely, the <i>'Ulama</i> of Deoband Seminary; <i>Jama'at Tabligh</i> (an off-shoot of Deoband); <i>Jami'yyat-i-'Ulama and Nizam-i-Islam</i> party; and <i>Jama'at-i-Islami</i> of Abul 'ala Mawdudi; which have the support of general muslims in the country. Responses to these movements, which have come from various quarters within the Bangali milieu, are also discussed. In this context, the United struggles of 'Ulama' for establishment of Islamic rule and Islamization of the constitution were highlighted. Further, some discussion is given to the problems arises out of the differences of opinion between different sections of <i>'Ulama</i> which have in a way hampered the smooth progress of Islamic <i>daw'ah</i>. In the light of the problems, we advance some modest suggestions deemed practicable for consideration of all groups. We also consider briefly the rise of Bengali nationalism. The nature of Islamic movements in the pre-independence and the position of Islamic movements in the post-independent Bangledesh until the late 70s.

The purpose of this study was to formulate guidelines for urban housing design in Tehran based on the cultural norms of its residents and the city's environmental conditions. The initial cause of this study was the lack of a framework for the design and evaluation of new housing projects in Tehran and the aim was to investigate the suitability or otherwise of high-rise high-density housing forms for Iranian society. In order to achieve the main objectives of this thesis, a series of studies were undertaken. The theoretical background relating to the main issues of this research was reviewed and where possible related to Iranian culture and way of life. It is universally acknowledged that increasing the quality of the built environment will improve people's quality of life. In this regard general human needs and their interpretation in design terms are investigated. It is also known that environmental and ecological conditions have a direct impact on people's quality of life. Ignor ing environmental needs results in gradual destruction of the regional and global environment, which in turn undermines the quality of urban settlements. For this reason ecological and environmental issues related to sustainable urban living and development are analysed. In order to find out whether or not there are alternative settlement forms that could be more suitable for Iranian urban housing a number of recently developed urban settlement theories and projects are also investigated. The socio-economic background and housing conditions of Tehran were investigated. A questionnaire survey programme was developed to gather information on the degree of user satisfaction in four selected settlements in Tehran. The data collected was crosschecked with local observations and physical measurements of the areas. A detailed analysis of this data proved that there is a high degree of user satisfaction with dwellings, but about a third of the respondents were not satisfied with their neighbourhood. The study of human needs and environmental sustainability issues, in accordance with Iranian and Islamic culture, produces a list of housing demands on which the design of future housing in Tehran ought to be based. Based on the list of demands - the outcome of investigations on general human needs, Iranian Socio-cultural conditions, and the environmental ecological sustainability issues -a set of design guidelines for future housing in Iran are developed. Using a list of criteria - derived from the previously developed design guidelines - all the urban development projects in Tehran and the UK that were studied are compared and evaluated to determine their qualities and densities. Also investigated is the applicability in Tehran of the neighbourhood model, on which many recent British, American, and Australian development guidelines are based. From this comparison and evaluation, the thesis concludes that in order to achieve high density it is not necessary to resort to hi gh-rise forms as low-rise fortris, if applied consistently, can achieve similar densities on a more human scale. In response to Islamic culture and environmental sustainability issues it is necessary to have access to local services and facilities within walking distance. To support their viability within a neighbourhood, a threshold population is required; in the case of Tehran this does not seem to be a significant problem. The population should be evenly distributed in order to achieve a balanced urban environment. A balanced relationship between the built up area and the countryside is essential. The translation of these key issues would form the structure of a walkable neighbourhood. In order to achieve a high quality urban environment, housing design guidelines on a national level are required that can help the decision-making process as well as helping the relevant professionals in their work. The thesis concludes with a set of recommendations for the implementation of the design guidelines.

This study sets out to analyse the reality of Saudi women's employment in the private sector. There are significant numbers of unemployed qualified Saudi women and the latest Saudi Government Development Plan (2000-2004) expects the private sector to provide the majority of jobs. The starting point is the question; is the high level of unemployed qualified Saudi women due to the educational system, the attitudes of women to employment, the attitudes of managers to employing women or the attitudes of society in general. Saudi Arabia is an Islamic country by nature and by law and so the research has to develop within the framework of Islamic thinking on the employment of women using Iran as a benchmark. Empirical evidence has been collected from Saudi business managers, qualified women employees in the private sector, unemployed qualified women and certain authorities. This revealed agreement between the various groups over the importance of most factors. The attitude of society was not seen as a problem in that society had a positive view of women in employment. The attitudes of unemployed women were very similar to those of employed women in the sample. This suggests that unemployed women are not unemployed due to their negative attitudes to employment. In fact they were more concerned about the lack of access to job market information. Women in the sample were not concerned about remuneration since they were financially secure within the family, but did want more part-time jobs, more childcare and in particular transport arrangements to allow them to go further from home to where the jobs are without infringing Islamic Sharia'a. Saudi respondents were more critical of the education system than those in Iran this is not surprising given the higher proportions of women in Iran in the educational system. The Saudi respondents all commented on the need for more breadth of studies, more depth of studies and more applicability of women's skills to employment needs. The study recommends that changes are needed in all these factors and using Iran as a benchmark suggests that improvement is possible without major changes. The study suggests further research concentrating on the concept of nontraditional jobs for women in more regions in Saudi Arabia.

No description available.

This study takes as its starting point the generally accepted fact that there exists a gap between architectural education and architectural practice in Saudi Arabia. It seeks to answert he following researchq uestions: What is the magnitude of the gap? How does the gap manifest itselp. Where do the causes of the gap lie? How can the problem of the gap be tackled? What further research needs to be done on the question of the training/practice gap? The researcher undertook a pilot study to explore the nature of the problem, followed by a more extensive field trip to Egypt and Saudi Arabia to gather data. A qualitative methodology, a descriptive approach, a survey type of research design, and an interview data collection technique were adopted. In order to set the field trip results in context, the study outlines the evolution of the architecture profession and its relationship to the training of architects through history, with special reference to architectural education in three countries, the UK, the USA, and Egypt, which in different ways have had a particularly strong influence on Saudi architectural education. In view of the basic premiss of the study architectural practice in Saudi Arabia is also examined so as to establish its relationship with the existing architectural schools. What practice does - or in the case of Saudi Arabia perhaps fails to do - affects what happens in the schools and affects the structure, content, and delivery of the curriculum. Architectural education in Saudi Arabia is described, set in the context of the Saudi educational system in general, as well as in relationship to architectural practice. An account of the emergence of the Saudi architecture schools is given, and details of their structure, students, teaching staff and curriculum are provided, in order to aid the analysis of field trip results. Using the data from the survey, a thorough and extensive analysis of the researcher's field trip research is presented to show how the gap between education and practice manifests itself with respect to the curriculum of Saudi architecture schools, to the teaching approaches used, and to architectural practice in the country. The survey data forms the basis for the study of the causes of the education/practice gap. The findings of the study are that the gap manifests itself in various ways: the fact that new architecture graduates are unprepared for what they meet in practice, in particular that the abstract three-dimensional concept of design they are introduced to in architecture school is far removed from the reality of the building process; that they are unfamiliar with office and managemenpt rocedures; that they have no awareness of the financial and other constraints that attend architectural practice. In other words the causes of the gap between architectural education and practice are found to lie in education in that much of the curriculum is irrelevant to Saudi practice, in that the curriculum lacks integration, in that teachers are distanced from practice because they are not permitted to practise, in thaf teaching techniques are unimaginative and inefficient, and in that there is no effective provision for practical training. Further causes are found to lie in practice, in that practice is not properly organised - there being no effective' professional body to control practice, to advise legislative authorities, to establish codes and standards for the profession to follow (and for architectural education to aim at), to accredit architecture school programmes, and to set up and oversee the registration of architects. The study makes recommendations that would address the problem of the gap between architectural education and practice, in particular the establishment of an effective professional body, the overhaul of the education curriculum, and the setting up of a proper system of practical training similar to that found in Anglo-Saxon countries. The study makes suggestions for further research,a nd provides appendices containing the full text of the researcher's fieldwork interviews and an account of the psychology of learning which may provide ideas for further research.

As a case-study, this thesis investigates the political challenge posed by Darul Arqam, an Islamic movement, to the Malaysian state from 1968 until 1996. As a general manifestation of Islamic resurgence, the challenge sheds light on three important issues: the tactics, methods and strategies pursued by Islamic movements; the secular authorities' pattern of response to Islamic movements; the impact of repression on Islamists. The Darul Arqam challenge was unique in dispensing with conventional Islaniist ideas and practices, in generating an atypical reaction from the state and in producing an unconventional counter-response to state-initiated suppression. Darul Arqam's roots are traced to Malaysian Islam's largely sufi inclinations, which have been neglected by most contemporary Islamists for their perceived disadvantages, but which Darul Arqam successfully harnessed to its benefit. Given Darn! Arqam's disavowal of political violence and the state's strategy of emphasising cooptation and accommodation of Islaniists, its full-blown repression of Darul Arqam in 1994 deserves scrutiny in its myriad aspects and implications. The paradox of Darul Arqam's challenge is underlined by its innate capacity to weather external pressure, showing that wholesale repression would not necessarily amount to liquidation of a grassroots movement. - Applying the case-study of Darn! Arqam to wider historical and situational seftings, this thesis urges a rethinking of issues and concepts of general theoretical and practical significance. Malaysia and Darni Arqam are contextually situated within the Islamic periphery: a subject area which has eluded the serious attention of scholars intent on unearthing the phenomenon of Islamic resurgence. Yet, unconventional cases in the periphery, often guided by a pragmatic appreciation of indigenous mores, may be a more appropriate yardstick to gauge the potential of political Islam on account of its inherent grassroots appeal. Within the context of political Islam in Malaysia, this study examines the relative impact of long-term internal structural processes and global developments in moulding the contemporary scenario. Ideologically, the empirical case-study of Darul Arqam as a dynamic movement, combining the theory of sufi-messianic Islam with an achievement-oriented economic ethic, challenges conventional theories which postulate an incompatibility between religion, especially in its otherworldly dimensions, and modernisation, as measured mainly in terms of material development. Darn! Arqam, despite its heavily spiritual inclinations, emerged in the 1990s as an independent economic powerhouse which threatened the status quo of Malaysian politics. It is the successful marriage between apparently contradictory modes of social organisation, arguably unprecedented among contemporary political Islaniists, which underlines Darn! Arqam's distinctiveness and merits as a case-study with global implications.

This study addresses the phenomenon of elite Islamic schools in Indonesia by focusing on Al Azhar Islamic High School in Jakarta. Taking as its starting point the evolution and expansion of Islamic educational institutions in contemporary Indonesia, particularly since the 1970s, it examines the emergence of elite Islamic schools and identifies the unique characteristics that attract many urban, middle-class Muslims to send their children to these schools. In addition, this study attempts to address the lack of research on the history of Islamic education in Indonesia between the years 1970 and 2000. A review of past studies demonstrates that this period has not been critically examined enough. / In looking at the specific example of Al Azhar Islamic High School, an evaluative case study and ethnographic techniques were employed. Interviews, observations, and fieldnotes served as primary resources. As the first elite Islamic school ever founded, it has distinguished itself as a pioneer in providing educational service especially to the urban Muslim society in Jakarta. My central research question was whether the changes that had occurred in the Islamic educational system following the introduction of elite or excellence-oriented schools had really lived up to expectations. More specifically, I inquired into the strengths and weaknesses of elite Islamic schools faced with the task of meeting ongoing and complex challenges in this era of globalization, while at the same time maintaining Islamic teachings and practices. / However, this study found that there is still a gap between the ideals of the elite Islamic school and its ability to pursue its stated goals of education. The lack of human resources and poor communications between school community and government show that these schools have not yet achieved the highest quality standards. The study also reveals that the school has to adopt policies to promote transparency in the organizational and administrative spheres, openness to non-Muslims, and accessibility to other sections of society. / This research makes a contribution to the fields of school reform and school effectiveness. Moreover, the study may also have implications for other social and religious contexts.

This thesis critically examines the creation and development of the concept of the Islamic city in the discourse of twentieth century Orientalism and Islamic studies. Based largely upon the urban theories of Max Weber, French Orientalists working in the first half of the twentieth century developed a standardized and ideal model of the Islamic city. This model remained unchallenged until the late 1950s when Eliyahu Ashtor-Strauss and Claude Cahen began to question some of its fundamental assumptions. The revisionist trend continued into the 1960s and 1970s with the innovative work of Samuel Stern and Ira Lapidus. Contributions from fields outside traditional Oriental studies such as anthropology, sociology, and geography also helped to paint a more complex and diverse picture of the city in Islam. By the 1980s, thanks in part to the influence of Edward Said's book Orientalism, the old French model of the Islamic city was thoroughly discredited. In its place emerged a new understanding of the Islamic city in which scholar increasingly saw Islam as just one of many forces which have helped to shape the urban form. Moreover, cities are increasingly regarded as dynamic and constantly evolving entities, and therefore they can longer be simply represented in idealist and essentialist terms.

This thesis is an attempt to question the established thesis of Joseph Schacht that Islamic law, as we know now, did not exist during the greater part of the first century of the Hijra. His argument rests on the notion that the Qur'an was only utilized as a secondary source in legal matters, and the Prophet's works were out of legal context. Thus, Muslims at that time mostly relied on customary law which was practiced in pre-Islamic Arabia. Consequently, he claims that Islamic law began to develop at the end of the first century of the Hijra, as a result of the measures taken by the Umayyad Caliphs and their Governors. / Contrary to this thesis, some scholars have shown some evidence to argue that Islamic law did exist during the life time of the Prophet. The Qur'an has played a significant role in formulating law as well as solving legal problems in the very beginning of the period. The key figure to apply such law is the Prophet himself and his companions, who, after him, acted as muftis. Moreover, all the Prophet's action including those related to legal matters had been transmitted orally and recorded in a written form. This transmission is owed to the isnad system which was introduced since the life time of the Prophet. After the Prophet's death, his companions pursued these legal activities by issuing legal decision which subsequently developed and became a model of Islamic law. (Abstract shortened by UMI.)