No description available.

No description available.

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)

no abstract available / Class, Near & far East & Rel / MA - SP ANC LANG AND CULT

Thesis (LL.M.). / Written for the Faculty of Law. Title from title page of PDF (viewed 2009/06/17). Includes bibliographical references.

no abstract available / Class, Near and far East and Rel / MA - SP ANC LANG AND CULT

This study seeks to contribute to a growing discussion about Islamic intellectual endeavours in the Middle Periods, providing new evidence from the genre of anti-innovation tracts (anti-bid‘a tracts) that has hitherto received relatively little modern scholarly attention. Specifically, this thesis examines tradition and innovation in Islam during the Mamluk period (648/1250 – 922/1517) through the lens of two jurists and their anti-innovation tracts. Ibn al-Ḥājj (d. 737/1336) was a Mālikī from North Africa who wrote Madkhal al-shar‘ al-sharīf. Ibn al-Naḥḥās (d. 814/1411), by contrast, was a Shāfi‘ī (and former Ḥanafī) from Damascus, who wrote a tract contained within his Tanbīh al-ghāfilīn, a work concerned with the duty of commanding right and forbidding wrong, and with naming and briefly discussing various sins and innovations. Ibn al-Ḥājj’s and Ibn al-Naḥḥās’ anti-innovation tracts are studied here for the first time in their own right, together with English translations of representative passages of their work that allow the reader to gain a direct impression of them. In addition to this, this thesis makes three unique arguments. First, anti-innovation tracts should be read as prescriptive yet flexible examples of furū‘. Second, the authors of the tracts investigated here, Ibn al-Ḥājj and Ibn al-Naḥḥās, were both ‘outsiders’ to Mamluk Egypt, who used this genre to define and regulate correct Muslim practices, in less formal ways that were both new and continuous with earlier thinking. Ibn al-Ḥājj’s programme - urging fledgling scholars, in almost encyclopaedic fashion, to know about and teach against innovative practices - was more important for him than addressing the topics of intention and innovation that feature in the full title of his work. Ibn al-Naḥḥās is an interestingly obscure figure. In an abbreviated and direct style, he urged non-specialists in Mamluk lands to censure innovations, and even to prevent them. Third, Ibn al-Ḥājj and Ibn al-Naḥḥās conceived of loyalty to their legal school in ways that require us to expand the terms of modern scholarly debates about such loyalty. This study contributes to the relatively recent, and fast-growing, literature on the Mamluk period in general, and its legal literature in particular. It supports a recent perspective on the Mamluk period, by illustrating the continuity and evolution of legal thinking during this period, which is both predicated upon, and differs substantially from, earlier periods of Islamic history. and deserves study in its own right.

An adaptable service system adjusts to the operational-level environments of organisations to enable heterogeneous services. This adaptation is important for sustainability and contextual-value (benefit) creation in a service system. Academics, such as those related to the current service-ecosystem concept, acknowledge the significance of this adaptation. However, little is known about a comprehensive adaptation process and how that integrates within a design for a service system. Also, practitioners are inclined towards this development, as the financial regulator in Pakistan has established an “evolutionary framework”. This framework encourages financial institutions to design Shariah finance services (SFS) which respond and evolve to the emergent market environments. The existing SFS models take benefit from Islamic jurisprudence and economics literatures to provide designs for transactions of financial and physical assets. However, the SFS models de-emphasis the intangible service-elements, where the adaptation is more likely to occur. Currently there is a great need for models that could explain the detailed adaptation process and its placement in an SFS design. The aim of this research is to develop, evaluate and theorise a model for conceptualising a holistic adaptable service-system design. The research aim is achieved through the proposal of a novel deferred service-system design (DSD) model. The DSD conceptualises a service-system design that adapts to the operational-level environments of SFS organisations in Pakistan. The DSD has seven constructs: (i) the service creators apply centrally-planned designs to create a service ii) they adapt these designs to meet the requirements of emergent contexts (iii) the service personnel, customers and aiding parties co-create a service by integrating their (iv) roles and actions, (v) resources and usufructs, (vi) rules and control to generate (vii) value. DSD is based on service-system design (SSD) literature, SFS literature and theory of deferred action (TODA)  a theory of system and organisation design. A multiple case study strategy is employed to evaluate, extend and theorise the DSD developed in phase I. Qualitative data are collected in four SFS organisations: Islamic commercial bank, Islamic life Takaful, Islamic mutual fund, and Islamic leasing organisation. Thirty-two in-depth narrative interviews of SFS personnel are conducted and analysed using a narrative discourse analysis method. The findings are triangulated by adding focus-group discussions, visualisations and service offering documents. The empirical findings are synthesised with the extant literature to develop a novel and comprehensive DSD in phase II. The findings show that the service co-creators apply a centrally-developed planned design typology (PDT). PDT includes different blends of SFS models (e.g., partnerships, sales, leases, agency and endowment), expected varieties (list, range and negative) and addable-deductible modules. The service co-creators and their inclusive systems (e.g., families, societies, markets, regulators and other government agencies) affect the planned service-system design to adapt or migrate. The service co-creators follow a novel six-step deferred adaptation process (DAP): emergence locale, information diffusion, knowledge diffusion, indexation, specifics evaluation and adaptation/migration. The empirical findings advance our understanding of a service-system design by showing how a planned design enables adaptation through PDT. More importantly, how the service co-creators follow a systematic process, DAP, to attain the desired adaptation or migrate off the scene. The findings also broaden the conceptualisation of SFS by showing how it is co-created by the financial institutions, customers and aiding parties. This is due to the SFS being perceived as a product of financial institution alone. This research also makes a contribution to service visualisation method by extending and using the service blueprint as an additional data-collection and analysis tool. This study provided fourteen implications for the practitioners.

Thesis (MBA)--Stellenbosch University, 2014. / This research study critically reviewed the performance of a Shariah-compliant index compared with that of the UK FTSE 100 between 2003 and 2014. Two broad indices were constructed based on business evaluation techniques, one using market capitalisation and the other total assets as a means to value a company. Shariah-compliant equity screening combines a financial ratio screen as well as business activity screening, which excludes a company’s involvement in any unlawful activities in the eyes of Islamic law. The sample period was further broken into three sub-periods, namely the bull period (2003-2007), the financial crisis period (2008-2009), and the post-crisis period (2009-2014), reflecting the various stages of the business cycle. A comparison of the risk-adjusted returns shows that the Shariah-compliant index, using market capitalisation as the means for valuing a company, delivers superior returns at lower risk levels than the FTSE100 over the sample period. Although the Shariah-compliant indices underperform to the FTSE100 during the bull market period, both of the Shariah compliant indices outperform the FTSE 100 during the era of the financial crisis. This can be explained by the fact that Shariah screening excludes companies that are highly leveraged and therefore it remains buffered from an economic crisis. In general, this research contends that the application of a faith-based-screen does not have an adverse effect on returns.