No description available.

With the rapid development of the Islamic banking and finance in South Africa, the legal regime of South Africa, must be able to progress at the same rate of development. The recognition of a foreign legal system such as Islamic law in South Africa is challenging and difficult. South Africa, has an interest based insurance legislative framework and this is not aligned with the principles of the Islamic financial system. As a result of this, regulators have taken various measures to develop and promote the Islamic Industry. The amendment to the South African Tax legislation has created an equitable and level playing field for Islamic law. The South African government also has a further obligation which is to develop a legislative framework to govern Islamic law, as well as to enhance the regulatory and supervisory framework. The study of the development of the Islamic legal regime is an important area that aids legal practitioners in identifying and resolving legal disputes. The purpose of this paper is to examine the accommodation of the Islamic law of Takaful under the South African Insurance legal framework. / Public, Constitutional and International Law / LL. M. (Public, Constitutional and International Law)

Groups of companies offer considerable economic and practical advantages over other forms of business organizations. However, the phenomenon creates a long list of problems in terms of antitrust law, tax law, labour law, corporate law, and in the case of international companies, conflict of laws. National laws do not provide a complete solution to these problems because groups of companies are still governed by traditional corporate law, which is designed to govern single independent companies. On the other hand, harmonization of the law of corporate groups across Common legal systems is neither feasible not advisable. The most important problem which has not yet been completely solved by Common law systems is the liability of groups of companies for the debts of their subsidiaries. This has been described as "one of the great unsolved problems of modern company law". The present study aims to analyse the solutions provided by Common law systems to this problem and evaluate if they provide a solid settlement or whether further safeguards are needed for those dealing with corporate groups, namely minority shareholders and outsiders including creditors. By using a comparative approach with the Islamic law system, the study evaluates if the Common law solutions are also applicable in such a religious system or whether, due to its unique character Islamic law needs to create its own solution. This comparative approach assesses the possibilities of harmonization between Common law and Islamic law systems and promotes the Islamisation of modern laws in Islamic countries.

Die Arbeit untersucht in Form einer prospektiven Implementierungsstudie juristische und ökonomische Voraussetzungen und Folgen eines Angebots von murābaḥa-basierten Verträgen in Deutschland. Dabei werden einzelne Herausforderungen dargestellt und Lösungsansätze erarbeitet. / This thesis examines legal and economic requirements and consequences for offering murābaḥa-based contracts in Germany in the form of a prospective implementation study. Different challenges and solution approaches are presented.

Essa pesquisa procura mostrar as possibilidades de relacionamento entre a economia islâmica e o capitalismo, a partir de um de seus pensadores contemporâneos, Aiatolá Muhammad Baqir Assadr, iraquiano que desenvolveu pesquisas nas áreas de jurisprudência islâmica, economia e bancária. Em seus trabalhos, como Iqtsaduna e A Banca Livre de Juros, procuramos explorar os princípios e sua filosofia para o desenvolvimento de um modelo que atendesse as necessidades da população muçulmana. Na primeira parte de nossa pesquisa, procuramos levantar a biografia do autor, assim como seu contexto histórico, com o intuito de compreender as razões de suas críticas aos modelos capitalista e socialista. Num segundo momento, tendo em mente o cenário em que vivia Assadr, foram analisadas suas principais obras na área econômica, onde buscamos compreender sua proposta para um modelo econômico islâmico, que serviu como base para o pensamento moderno. Na parte final desta pesquisa procuramos debater o pensamento econômico dentro do contexto internacional, mostramos também a adaptação da lei islâmica, que pode ser restritiva para o sistema capitalista internacional e seu posicionamento liberal, mas também, buscamos refletir a criação de sistema capitalista islâmico, já que ao que parece, temos diversas faces do sistema econômico islâmico. / This research aims to show the possibilities of relationship between Islamic economics and capitalism, from one of his contemporary thinkers, Ayatollah Muhammad Baqir Sadr. Iraqi who developed research in the areas of Islamic jurisprudence, economics and banking. In his works, as Iqtsaduna and The Interest Free Banking, we try to explore the principles and philosophy to develop a model that would meet the needs of the Muslim population. In the first part of our research, we try to raise the author\'s biography as well as its historical context in order to understand the reasons for their criticism of the capitalist and socialist models. Secondly, bearing in mind the scene in which he lived Sadr, was considered his major works, in the economic area, where we try to understand his proposal for an Islamic economic model, which served as the basis for modern thought. In the final part of this research seek to discuss economic thinking within the international context, we also show the adaptation of Islamic law, which can be restrictive for international capitalist system and its liberal position, but also seek to reflect the creation of Islamic capitalist system, as that it seems we have the various aspects of Islamic economic system.

The aim of this thesis is to highlight the relevance of the spiritual dimension of Islamic calligraphy, focusing on the Turkish contemporary calligraphic tradition. Academic literature in the field has been dominated by the tendency to focus on the objects produced by artists, neglecting their personal experience and understanding of the art. Using a phenomenological perspective, I give voice to calligraphers I met in Istanbul and Konya, letting emerge their views on issues related to the relationship between art, religion and spirituality. I explore several themes that have arisen from the interviews I conducted with fifteen exponents of the contemporary tradition, organised as a journey from the most material aspects to the most abstract ones. The exploration of these themes starts with the symbolism hidden behind physical calligraphic tools, moving to the analysis of the symbolism of the point and the letters, elementary forms of the calligraphic creations. The bodily dimension has been taken into consideration, showing how the control of the body is an essential aspect of the calligraphic practice. The art can be conceived as a pathway requiring the development of several moral qualities and virtues, all necessary to improve both the artistic capabilities and the spiritual maturity of the practitioner, until the achievement of the authorisation to teach the art. Once a calligrapher reaches the license and the mastery of the art, they bear the responsibility of transmitting the art to others. Furthermore, they become agents of remembrance, portraying in the most beautiful manners the verses of the Quran in social religious spaces, as in mosques, or on calligraphic panels acquired by individual collectors or museums. Since their artwork focuses on representing religious materials, including the remembrance of the attributes of God and of Prophet Muhammad, their art is considered an act of worship. Finally, I investigate what the meaning of Divine Beauty is in Islamic calligraphy, presenting the perspectives of Turkish calligraphers and analysing the connections between the artistic form and the meaning of the contents of specific calligraphic works. In conclusion, I have not limited my analysis to the formal aspects of the art, rather I have highlighted the existential dimension of a complex practice which connects together several aspects of the human being, including the spiritual dimension. Thus, the traditional stream of Turkish contemporary calligraphy can be seen as a full manifestation of a culture, a lifestyle and a religion.

Teachers and parents make considerable sacrifices to affiliate themselves with Islamic schools. As they commit to Islamic education, they acquire certain expectations that they want their school to fulfill. The purpose of this study was to explore the academic, social, and cultural expectations of five teachers and five parents in an Islamic School on the West Coast in order understand how these expectations could be fulfilled in other Islamic schools across the United States. The main research questions of this study were: What are the academic, social, and cultural expectations that parents and teachers have of their Islamic schools? To what extent are Islamic schools meeting the expectations of parents and teachers? Qualitative, phenomenological research methods were used for the design of this study along with a purposeful sampling of teachers and parents, triangulation of data sources, and a thorough coding process. Findings from the study supported that teachers and parents expected children to be knowledgeable about Islam in its broadest and deepest interpretations. Additionally, teachers and parents expected children to apply their knowledge of Islam in their everyday lives. Lastly, the degree that expectations were met depended on the support that teachers and parents received from their school community. When teachers and parents felt encouraged by school stakeholders, their expectations were generally fulfilled. Conversely, when teachers and parents felt that their needs were overlooked by school stakeholders, their expectations tended to remain unmet. Conclusions from the study explored ways to bridge the gap between met and unmet expectations of teachers and parents. Implications invited teachers and parents to move beyond expectations toward transformative educational experiences for children in Islamic schools.

Thesis (M.C.A.-Res.)--University of Wollongong, 2008. / Typescript. Includes bibliographical references: leaf 70-79.

This diploma deals with children and the youth upbringing in Muslim or mixed families in Germany and tries to form a picture of their everyday life. This work?s heart consists of theoretical and practical chapters. The theoretical part provides basic information about Islam and children upbringing in Islamic families. These facts are grounded on knowledge emanating from the Koran and statements of Mohammed the prophet. Following theoretical chapters include an essay on the school life of the Muslim children and the role of the Islamic community. The practical part is composed of the evaluation of a questionnaire which was created for purposes of the study of the everyday life of these families. On this study basis, general conclusions will be drawn.

Essa pesquisa procura mostrar as possibilidades de relacionamento entre a economia islâmica e o capitalismo, a partir de um de seus pensadores contemporâneos, Aiatolá Muhammad Baqir Assadr, iraquiano que desenvolveu pesquisas nas áreas de jurisprudência islâmica, economia e bancária. Em seus trabalhos, como Iqtsaduna e A Banca Livre de Juros, procuramos explorar os princípios e sua filosofia para o desenvolvimento de um modelo que atendesse as necessidades da população muçulmana. Na primeira parte de nossa pesquisa, procuramos levantar a biografia do autor, assim como seu contexto histórico, com o intuito de compreender as razões de suas críticas aos modelos capitalista e socialista. Num segundo momento, tendo em mente o cenário em que vivia Assadr, foram analisadas suas principais obras na área econômica, onde buscamos compreender sua proposta para um modelo econômico islâmico, que serviu como base para o pensamento moderno. Na parte final desta pesquisa procuramos debater o pensamento econômico dentro do contexto internacional, mostramos também a adaptação da lei islâmica, que pode ser restritiva para o sistema capitalista internacional e seu posicionamento liberal, mas também, buscamos refletir a criação de sistema capitalista islâmico, já que ao que parece, temos diversas faces do sistema econômico islâmico. / This research aims to show the possibilities of relationship between Islamic economics and capitalism, from one of his contemporary thinkers, Ayatollah Muhammad Baqir Sadr. Iraqi who developed research in the areas of Islamic jurisprudence, economics and banking. In his works, as Iqtsaduna and The Interest Free Banking, we try to explore the principles and philosophy to develop a model that would meet the needs of the Muslim population. In the first part of our research, we try to raise the author\'s biography as well as its historical context in order to understand the reasons for their criticism of the capitalist and socialist models. Secondly, bearing in mind the scene in which he lived Sadr, was considered his major works, in the economic area, where we try to understand his proposal for an Islamic economic model, which served as the basis for modern thought. In the final part of this research seek to discuss economic thinking within the international context, we also show the adaptation of Islamic law, which can be restrictive for international capitalist system and its liberal position, but also seek to reflect the creation of Islamic capitalist system, as that it seems we have the various aspects of Islamic economic system.