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.

The ancient Arabs used poetry not only to entertain themselves in the midst of their harsh life in the Arabian desert, but also to proclaim their cultural values, which were the moral-spiritual and material basis of their nomad society. Composing poetry therefore was almost a sacred rite for them. Its recitation in particular, was a main feature of certain ritual customs held annually during the aswaq (sg. suq , festival) season. The most common themes touched upon were the attributes of which a tribe may have been particularly proud, such as its victories and generosity to the vanquished, the bravery of its heroes in battle and on hard journeys, the beauty of its women and of nature, the genealogy of the tribe, and prayers to the Almighty. / Through verse the ancient Arabs expressed how they conceived of their deities, whether, idols representing various gods and goddesses, or Allah. These verses make it clear that Allah alone was not represented by any idol, allowing us to infer that He was regarded as superior to other deities. This thesis, therefore, attempts to show how the ancient Arabs expressed through poetry their belief in Allah as the Lord of Gods, which was the true nature of their ancestral belief, the h&dotbelow;anifiyya, the religion of their forefathers Abraham and Ishmael.

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.

Thesis (M.S.)--Oregon State University, 2008. / Printout. Includes bibliographical references (leaves 65-68). Also available on the World Wide Web.

Thesis (doctoral)--Jāmiʻat al-Azhar. / Includes bibliographical references.

Thesis (Ph. D.)--New York University, 1994. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (p. 329-345).

Thesis--University of Chicago. / Includes indexes. Photocopy of typescript. Ann Arbor, Mich. : University Microfilms International, 1978. -- 22 cm. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (v.2, leaves 790-797).

Thesis (M.A.)--University of Karachi, 2003. / Includes bibliographical references (p. 100-102).

Thesis (M.A.)--Ohio University, November, 2004. / Includes bibliographical references (p. 121-132)

Originally presented as the author's Thesis (Mājistīr)--Kullīyat al-Sharīʻah wa-al-Qānūn, Jāmiʻat Umm Durmān. / Includes bibliographical references.