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In the late 1990's, various British news agencies reported cases of British-born South Asian Muslim women who forced into marriages. In 2000, the UK government produced a study that determined there were 400 British cases of "forced marriages" reported to UK police in a two year period. In response to these findings, the UK government launched an educational prevention campaign, in which they defined forced marriage as "a marriage conducted without the valid consent of both parties". I argue that, while the aim of the UK government's campaign is to promote the right of choice in marriage, they do not critically examine legal, religious, political and economic issues that may limit the ability of some British South Asian Muslim women to exercise that right. This study examines these issues to develop a better understanding of the link between culture, religion and forced marriage in certain British South Asian Muslim families.

Shurayh&dotbelow; b. al-H&dotbelow;arith al-Kindi, the Successor and qad&dotbelow;i is, without a doubt, the most famous Kufan jurist prior to Ibrahim al-Nakha`i (d. 95/713). But neither Shurayh&dotbelow; nor his Kufan contemporaries left any books or written records. All information about the qad&dotbelow;i comes in the form of traditions provided by the later generations of Muslim chroniclers. These traditions do not satisfy any standard of historical verifiability; they tell us primarily and reliably only about what those later generations thought important to say about, or in the name of, Shurayh&dotbelow;. This is, nonetheless, vital information, and its importance is defined in the thesis question: what can we, by examining the traditions about Shurayh&dotbelow;, learn about the development of Islamic law? / The traditions are categorized into the following typologies, each of which is analyzed in a separate chapter: (a) biographical traditions, (b) legal theory, (c) legal ethics and procedure, (d) substantive law, (e) Shi`a juridical traditions. The analysis of the biographical traditions reveals that quite early after Shurayh&dotbelow;'s death---estimated at sometime between 76/695 and 99/718, he had evolved into a hazy figure. / In addition to providing a response to the thesis question, the conclusion seeks to answer some other questions, among them: why did Shurayh&dotbelow;, who was not the legal reasoner par excellence of his time, metamorphose into an aretological figure? Why did the Kufans seek to back-project his appointment to the time of `Umar? Based on the evidence, it is concluded that in Kufan imagery, Shurayh&dotbelow;'s legal opinions were deemed as valid as those of a Companion, and he personified the Kufan authority of "pastness."

Controversies among ahl al-hadith and Hanafis had assumed serious proportions by the time of Wali Allah. Reconciliation of legal schools was a practical, rather than a merely theoretical problem. From the very beginning Wali Allah had ahl al-hadith proclivities and from that standpoint he bitterly denounced Hanafïs for deviating from sunnah. At this stage his basic aim was revival of pristine Shari'ah and reform of Hanafi legal doctrines by making them conform to sunnah. Later on, Wali Allah felt the futility of his intemperate opposition to Hanafi school and combined the aim of unifying the ummah with his original aim. He began to stress increasingly the validity of all schools. As for the hanafî school, he tried to reform its doctrines so as to make it harmonise with sunnah by introducing in it a selective process. Later he further widened the scope of his scheme to embrace all Sunni schools. The method he suggested was that of legal eclecticism and the underlying purpose was to reconcile and amalgamate the schools without destroying their entities.

It is inevitable that works on waqf written in English will employ terms from Anglo-American law to describe that institution. This study will endeavour to provide a proper understanding of these terms in order to clear up longstanding misconceptions of the nature of waqf. Through a detailed history of the Anglo-American law of endowments and its terminology, this study will create a framework through which it may be possible to obtain a clearer understanding of waqf. The study will also address two historical events in which the Islamic and Anglo-American legal conceptions of endowments have been at odds, as well as address the objections that have been raised to the continued existence of waqf , both from within Muslim society and from without. It is hoped that through this study a better appreciation of the utility of waqf for Muslim society will be achieved.

<p>After the establishment of the British Protectorate in the Busa&lsquo / idi Sultanate in 1890, the British colonial administration embarked on a policy of transforming the administration of Islamic law and its institutions which included the kadhi, liwali and mudir courts. The ultimate objective of the transformation process was to incorporate such institutions into the colonial enterprise and gradually reform them. Within a span of seven decades of their colonial rule in the Busa&lsquo / idi Sultanate, the British colonial authorities managed to transform the administration of Islamic law and its institutions. Key areas of the transformation process included the formalisation of the administration of Islamic law in which procedural laws related to MPL and wakf regulations were codified. Kadhi courts and wakf commissions were institutionalised and incorporated into the colonial apparatus. In the process of transforming the kadhi courts, the British colonial authorities adopted three major policies: institutional transformation, procedural transformation, and exclusion of criminal jurisdiction from kadhi courts. The focus of the transformation process was on the curtailment of kadhis powers. By 1916 criminal jurisdiction was removed from kadhis and their civil jurisdiction was gradually confined to MPL. Other significant areas of the transformation process were the wakf institutions and slavery. Wakf institutions were related to land issues which were crucial to the colonial politics and the abolition of slavery in the Busa&lsquo / idi Sultanate was a primary concern of the British colonial administration. Through policies of compromise and coercion, the British colonial officials managed to gradually abolish slavery without causing&nbsp / political or social upheavals in the Sultanate. Due to the fact that there was no uniform policy on the transformation exercise undertaken by the British colonial officials on the ground, the reform process was marked with transformative contradictions which seemed to be a hallmark of British colonial policy in the Busa&lsquo / idi Sultanate. For instance, British colonial policies on transforming wakf institutions were caught in a contradiction in that, on the one hand, colonial efforts were geared towards transforming the land system in order to achieve economic development, and on the other hand, the British colonial officials were keen to uphold a paternalistic approach of adopting a non-interference policy in respect of religious institutions. Similarly, in abolishing slavery, the British colonial government, on the one hand, was under pressure from philanthropists and missionaries to end slavery, and, on the other hand, the British colonial officials on the ground portrayed their support of the slave owners and advocated a gradual approach to abolish slavery. Findings of this thesis reveal that the British colonial administration managed to achieve complete reform in some cases, such as, the abolition of liwali and mudir courts and confining kadhis&rsquo / civil jurisdiction to MPL, while in other areas, such as, the management of wakf institutions and the abolition of slavery, the British faced resistance from the Sultans and their subjects which resulted in partial reforms. Hence, in the process of transforming the administration of Islamic law and its institutions in the Busa&lsquo / idi Sultanate, the British colonial administration adopted a dual policy of reforming and retreating.</p>

Tenants represent a marginalised group in South Africa, with land and housing, and particularly rental accommodation in great demand. Renting is a viable option for certain tenants but in the absence of the provision of rental housing, tenants are trapped in a "feudal" system of tenant-landlord relationship. The importance of this study stems from the fact that there appears to be violations of tenants' rights and that the obligations of both tenant and landlord from a Shari-ah perspective have either been overlooked or ignored completely thus far. This study examines the hardships faced by tenants specifically in privately owned residential accommodation in Durban and other major South African cities. It aims to critically examine Islamic perspective on housing and land tenure and guidelines that govern tenant-landlord relationship in respect of residential rental accommodation. It also looks at the South African development of land and housing policy, legislation, the provision of public and rental housing and tenure and tenant-landlord relationship. It examines the historical development of such a relationship in the west and the development of rent legislation in South Africa and the most recent legislation, the Rental Housing Act 50 of 1999. This study sought responses from recognised, well-established Muslim organisations in South Africa to a questionnaire dealing specifically with residential rental accommodation and general information on a range of tenant-landlord related matters. It is hoped that their response that are analysed and discussed would contribute to a better tenant-landlord "culture". The overall findings of this study into the Islamic and South African perspective on tenant-landlord relationship have implications for policy makers, Islamic scholars, NGOs and a whole range of stakeholders, locally as well as internationally. In the light of this study, suggestions are made to stimulate further research on some of the pertinent issues addressed. / Thesis (M.A.)-University of Durban-Westville, 2001.

The British colonial administration in India transformed Muslim law in the nineteenth century through the three concurrent processes of translation, legislation, and adjudication. Although Indian Muslims were gradually displaced in their traditional position as interpreters of that law in the role of muftis, discerning and applying the shari'ah according to Hanafi principles of fiqh, they nonetheless played a vital role in the transformation of Muslim law. Towards the end of the nineteenth century, Muslim participation became more noticeable and significant as they moved into increasingly influential positions in the British judicial administration. Syed Mahmood (1850-1903) was a pioneer in this movement, being one of the first Indian Muslims to study law and become a barrister in England, being the first non-European member of the Allahabad Bar, and being the first Indian Muslim appointed to any High Court in British India. During his tenure as judge of the High Court at Allahabad, he wrote numerous judgments on matters of civil law, including matters which the British regime had determined were to be governed by Muslim law, or rather, by the amalgam of Muslim and English law called "Anglo-Mohammedan law" into which it had been transformed. He understood certain aspects Muslim law, especially criminal law and laws of evidence, to have been abrogated by British law in India, but stoutly resisted the incursion of English law and promoted the acceptance of Muslim law as the customary law in other areas. His critique of the British administration of justice in India and his persistent independence of thought while serving on the High Court brought him into conflict with his fellow judges. He was eventually forced to resign in 1892, but his recorded judgments in the Indian Law Reports continued to provide an authoritative exposition of Muslim law for succeeding generations of jurists. In addition to elucidating the transformation of Muslim law

This thesis investigates the history and phenomenon of legal pluralism in Indonesia. The need to explore this topic has been urged by the revival there of Islamic law and adat law, the two greatest non-state normative orderings, in the last two decades. At the same time the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. The result has been a conception of law as a homogenous system in which the ideology of legal positivism represents the basic tool for lawmaking. This, however, has led to an impasse, seeing that pluralism and multiculturalism are in fact self-evident phenomena in the society. The state has been obliged, therefore, to accommodate these non-state normative orderings. / The discussion of Indonesian legal pluralism in this thesis focuses on understanding the state's attitude and behavior towards the three largest legal traditions currently operative in the society, i.e., adat law, Islamic law and civil law. Socio-political factors are shown to have much influenced the relations between state and non-state laws. The state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. Certain "national legal postulates" have functioned as a yardstick by which the country's legislative and judicial institutions have measured the extent of their accommodation of legal pluralism, although they have had little choice but to do so. / Influenced by Masaji Chiba's theory of "three levels of law" (i.e., official law, unofficial law and legal postulates), this thesis analyzes two aspects of legal pluralism in Indonesia: the political and "conflictual" domains of legal pluralism. The analysis is thus generally based on the state policy of legal pluralism reflected in the legal and political strategies confronting the issue of unofficial laws as well as the conflicts arising from such situations. The first aspect is addressed by looking at a number of statutes and regulations promulgated specifically to deal with Islamic law and adat law, while the second is analyzed in terms of actual cases of private interpersonal law arising from conflict between state and non-state legal traditions, as reflected in legislation and court decisions. From a discussion of these two aspects, the thesis concludes that, although the form of the relations between official and unofficial laws may have changed in conjunction with the socio-political situation of the country, the logic behind legal pluralism has in fact never altered, i.e., to use law as a tool of state modernism. Thus conflicts arising from the encounter between different legal traditions will usually be resolved by means of "national legal postulates," making the unofficial laws more susceptible to the state's domination of legal interpretation and resolution.

<p>This dissertation is a legal history of debt and economic life in the Indian Ocean during the nineteenth and early-twentieth century. It draws on materials from Bahrain, Muscat, Bombay, Zanzibar and London to examine how members of an ocean-wide commercial society constructed relationships of economic mutualism with one another by mobilizing debt and credit. It further explores how they expressed their debt relationships through legal idioms, and how they mobilized commercial and legal instruments to adapt to the emergence of modern capitalism in the region.</p><p>At the same time, it looks at the concomitant development of an Indian Ocean-wide empire of law centered at Bombay, and explores how this Indian Ocean contractual culture encountered an Anglo-Indian legal regime that conceived of legal documents in a radically different way. By mobilizing written deeds in imaginative ways, and by strategically accessing British courts, Indian Ocean merchants were able to shape the contours of this growing legal regime.</p><p>Most broadly, the dissertation argues that law and courts became increasingly central to economic life in the Indian Ocean, and that economic actors in the region employed a wide range of different legal strategies in adapting to a changing world of commerce. In the Indian Ocean, as elsewhere, the histories of commerce and law were inextricably intertwined.</p> / Dissertation