This study serves two aims, to shed light on the rule of darura in Islamic law and to examine the justification for the Harm Reduction Programme in Malaysia using the said rule. In an attempt to fathom the real understanding of this rule, I have employed two methods: a critical approach to the darura theoretical discussions and an analysis of darura cases presented in fiqhi treatises. The study demonstrates that the usuliyun have formulated a narrow scope of darura theory although the applications of the rule in fiqhi treatises suggest other ways in which the principle can be applied. The jurists tend to apply the rule in a much wider sense in the various fiqhi works, either in true and factual cases or in hypothetical ones. This research also finds that the modern jurists have expanded the application not only to protect the necessity of an individual person but to protect the necessity of the public at large. It can also be suggested that the rule of darura has provided measures derogating obligations; however, this must only be to the extent required by the exigencies of the situation. A rigorous understanding of this rule is crucial for the field of Islamic law in order to avoid any possible abuse. Based on the above understanding of darura, this study finally investigates whether darura can justify the Harm Reduction Programme in Malaysia. This programme has been promulgated to reduce HIV/AIDS cases by providing drug users with methadone, syringes and needles. The programme was assessed thoroughly using the legal requirements and preconditions of darura. Having examined the philosophy, its modus operandi and jurists' attitude towards drugs, the study concludes that this programme is justified from a shari`a perspective on the basis of necessity. However, strict precautions and regulations need to be continuously employed throughout this controlled programme to avoid any abuse which might impair its legality. The research also aims to enhance the public's understanding of the rule of darura and to improve the collaboration between Malaysian government and religious groups in minimising HIV/AIDS and drug cases in Malaysia.

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.

The Muslim tradition tells us that when Muslims migrated to Medina and their number increased, they felt the need for an efficient means to convoke the community for the daily prayers. Jews and Christians both had well-established summoning rituals involving different instruments, that Muslims considered adopting. They eventually developed a distinct, simple ritual consisting of a small set of chanted formulæ, which became known as the adhān, the Islamic call to prayer. This is the narrative thread that we find in all major Sunnī collections of aḥādīth - reported sayings of Muḥammad and his companions - which recount the introduction of the adhān. The present work postulates that this thread or 'proto-narrative' was used by several narrators, transmitters, and collectors until the third/ninth century who modified it and added new elements in order to settle political and religious controversies of their times. This proto-narrative is outlined in the main chapter (chap. 3), which highlights how it was modified and why, using close textual analysis of both Sunnī and Shī'ī texts with data-dense graphs of relations, locations, and times produced via network visualisation tools. Five major Sunnī legal treaties from the second/eighth century onwards were also scrutinised (chap. 4) to better understand the general context in which the aḥādīth about the introduction of the adhān were being circulated and confirm the results obtained through the textual analysis. The conclusions reveal specific mechanisms used in the formation and transmission of aḥādīth. In the case of the adhān, aḥādīth represent half of a 'conversation' between people, students, or rulers on one side, asking questions about the origins and the right form of the call to prayer, and on the other side, scholars or jurists who answer with adapted narratives. Only the latter was preserved, yet the present thesis shows that it is often possible to reconstruct, to a certain extent, the former part of this 'conversation'.

Thesis (Ph.D.)--Massachusetts Institute of Technology, Dept. of Architecture, 1981. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 300-313. / Issues within the context of the present cannot be isolated from their spatial or temporal context. Neither the past (tradition) nor the future (modern technology) can provide solutions to the problems of the present. Their value lies in the fact that they represent "resources" which broaden our choices and inform us as to how similar issues were or could be dealt with in different times and places. However, a society's past and the way that society conceives of its past provides modes of continuity which give the present its authenticity. If we are to deal with the issues of the present and hope for an authentic future, the authority of the past or tradition cannot be blindly accepted though its authenticity and relevance to the present must be recognized. The problem addressed here is that of a present physical environment in the Arab-Muslim city which is to tally different from the traditional one. As a result of this difference, a sense of discontinuity and alienation has developed among the inhabitants of these cities. The purpose of this study is to understand how this process came about and how a sense of continuity with the past can be reestablished. To achieve this purpose four main issues are addressed here: (l) the origin and process of formation of the traditional physical environment; (2) the disparity between the traditional and the contemporary environment; (3) the origins of this disparity; and (4) the possible notions which might be suggested by way of reestablishing a sense of continuity between the past and the present. The legal system is used as a means of analysis in this study. This has helped us to see the physical environment within its socio-cultural context, by informing us about the ideological or structural level of the society and by pointing out accepted social norms and conventions and the mechanism of their social effectiveness. The law has helped us to point out the differences between the traditional and the contemporary process. In the traditional city, the process relied on rules of conduct or social conventions which proscribed certain actions on the part of the inhabitants. In the contemporary city, the rules are physical and prescriptive in nature. They prescribe in physical terms not only what is to be done but also how it is to be implemented. Implied within the traditional process is a reciprocal and possibilist relationship between form and use while the contemporary process advocates a determinist approach to the relationship of form and use. Several factors are believed to have worked in favor of the shift from the traditional process to the contemporary one in the Arab-Muslim city. Important among these are: the existence of certain implied ideologies; changes in the scale of development, power and technology; and problems within the field of architecture and urbanism and their relationship to the Arab-Muslim context. Only by being aware of these processes and factors can we conceive of an appropriate approach to reestablish a sense of continuity with the past that sterns from the needs of the present and aspirations for the future. / by Saleh A. Al-Hathloul. / Ph.D.

This thesis is a comparative study of the pre-trial procedures of England and Wales and Saudi Arabia. Its aim is to show how the pre-trial procedures of Saudi Arabia could be re-designed in order to conform to both the standards set by international human rights and the norms of Shari'ah law and argues that there is much common ground between the two. It addresses the human rights relevant to pre-trial procedures and explores in-depth how these are expressed in international human rights legislation and in the current legislation of England and Wales with particular reference to the Police and Criminal Evidence Act (1984). They are contrasted with the relevant articles of the Code of Criminal Procedure 2001 (CCP) of Saudi Arabia. Individual rights such as the right to liberty, the right silence, the right to privacy, the right to bail and the right to an effective remedy are examined in depth and relevant case law is cited throughout. The history of pre-trial procedures and regulations in England and Wales and Saudi Arabia is explored in order to understand how these have developed into what exists today. The former is traced from the Norman period to the present day and the latter from the pre-Islamic era of the Arabian Peninsula. The actual practice of these procedures is explored comparatively through a fieldwork project involving semi-structured interviews with police officers and lawyers in England and police officers, police officers, prosecutors and lawyers in Saudi Arabia. The thesis ends with a thorough examination of how pre-trial procedures in Saudi Arabia could be regulated and monitored so as to bring them in line with the standards required by international human rights legislation and international practice and with the demands of Islamic law.

The dissertation seeks to contribute to the existing body of work in the area of Islamic finance by examining the extent of divergence in practice of Islamic financing from the traditional Shari`ah in the Australian context. To this end, the dissertation presents a discursive analysis of the regulation of Islamic Finance in Australia in terms of (a) the financing instruments used, (b) certainty of transactions between participants in the system, and (c) institutional risk management of Islamic Financial Institutions (IFIs). The methodology chosen for the study is through the Shari`ah, where law, finance, economics and business form a single dimension only, even though a very significant one. Examination of the issues of this study is undertaken through the literature in the relevant field as well as the author’s personal expertise and working experience with several Islamic banks (IBs) and IFIs for a considerable period of time, in addition to his active involvement with at least two of Islamic Financial Services Providers (IFSPs) in Australia. / Doctor of Philosophy (PhD)

<p>Sharia or western equality?</p><p>women</p><p>in Egyptian legislation</p><p>The Islamic law (Sharia) in most of the countries in Middle East and North Africa has been the basis for modern laws which regulate issues such as marriage, divorce and inheritance. These laws (personal status law or family law) have been debated frequently in the last decades.</p><p>There are those who consider personal status law (PSL) as unjust, male-biased and discriminating against women especially in the issue of divorce. On the other hand there are voices who call to go back to the Sharia, because muslims has to follow the islamic law and its values, they are universal as they claim. In this essay I try to enlighten these two points of view which can be found in the debate in Egypt. A country witch was first among the Arabic countries to adopt a modern jurisprudence.</p><p>Despite several reforms in personal status law (PSL) in the last 80 years women groups and international organisations consider that there are much more to be done.</p><p>This essay gives a historical background of Islamic jurisprudence, its development and islamic political ideas behind Sharia. It also describes PSL with divorce in focus.</p>

The way in which predominantly Muslim states deal with modernity is strongly influenced by the characteristics of Islamic Law. The Sharia reflects in the most obvious way the lack of separation between secular and religious issues inherent in Islamic doctrine. The article analyses the evolution of law in the Muslim world and illustrates its continuous oscillation between the obligation to stick to the God-given rules and the need to adapt to changes of living conditions.

The Saudi taʿawuni insurance model, despite claiming to be compatible with Islamic transactional rules, in fact violates the prohibition of gharar (risk) through its commercial structure. The study investigates the ways in which gharar (risk) is accommodated in modern insurance models. It argues that the most appropriate solution to comply with the doctrine of gharar, is to de-commercialize the taʿawuni model by adopting the mutual insurance model, which is capable of satisfying the requirements of sharia relating to the prohibition of trading in gharar

There are two temporally differentiated sources of information about Jews, no longer present in southern rural Moroccan communities, and the question is: which factor is paramount in the formation of memory? Is it the long-circulated narratives of shared life experiences between Muslims and Jews? Or do actual current events in the Middle East have greater weight in forming opinions, attitudes, and ideology about Jews and their relationship to Muslims?This dissertation examines the memories formed by successive Muslim generations about their former Jewish neighbors in southwestern Morocco. I am interested in how social memories of Muslims about erstwhile local Jews are generated, maintained, and reproduced through oral testimonies, personal narratives, images, urban sites, family manuscripts, personal experiences, and media. I interviewed four cohorts of great-grandparents, grandparents, parents, and young adults who allowed me to record their personal narratives, family and village stories, jokes and sayings in the spring, summer, and fall of 2004.Drawing on sources as diverse as personal narratives, family manuscripts, archeological evidence, Islamic legal manuscripts, media, and textbooks, I use a generationally stratified sample to understand how four age cohorts (all from the same region and whose life experiences correspond to specific historical events) think of, understand, and represent Jews. Using Labovian apparent-time sampling methodology, I argue that there is a strong correlation between the historical and ideological period and the attitudes of the cohorts about Jews. My data show that the fracturing of the traditional indigenous model of knowledge transmission has led to the emergence of new convoluted discourse about Jews. The young generation's knowledge about Jews is partly appropriated from Western and Christian anti-Semitic discourse before being "Islamized."