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The Middle East is a predominately Islamic region. Islam is not only a religion, it is the Muslim way of life and law. The western world follows a more modern system of government, in the form of democracy. Democracy is not modern, as in new, since it was started by the ancient Greeks, but it is modern, because it is the main system being adopted in contemporary times. Muslims follow the ideals found in the Holy Quran, the book dictated by the prophet Muhammad. The Middle East has had a strong Islamic influence since the mid-seventh century. Islam originated in Mecca in 610 C.E. About twelve years later, in 622 C.E., after much persecution in Mecca, Muslims migrated to Medina. This was in 622 C.E. and it marked the start of the Muslim calendar. Soon, by 655 C.E., Islam had begun spreading over the regions along the Mediterranean Sea, Arabian Peninsula, Asia, and Africa. This research will span the political systems from pre-Ottoman, to Ottoman, to the Modern era. The beginning of the modern Middle East is marked by the collapse of the Ottoman Empire and the end of World War I. Since the end of World War I, much of the Middle Eastern region has been exposed to the western system of government and western culture. The intent of this Thesis is to analyze and draw a conclusion on the possibility of Politically Islamic states having Democracy and following Democratic ideologies. It will examine the ideologies of Islam to determine if democracy, a system of government that includes the citizens of the nation having the right to speak and receiving civil liberties to choose their leaders, is actually present. It will use data from Turkey, Iran, and Egypt, Middle Eastern nations located either in, or bordering, three different continents of the world. In each country the research will examine, the governmental system, the regime type, the leaders past and present, and the policies, including how each country vary according to a specific Islamic sector (Sunni or Shia). This thesis will draw conclusions from the comparative analysis on each case study, on whether it is possible to have democracy in a state where Islamic ideologies are a major factor. From the case study findings, there were clear differences between all the countries studied. Turkey was found to be majority Sunni with a secular republic government but it is showing signs of reverting into the realm of political Islam. Iran was found to be majority Shia with a religious republic government, one that freely allows religion into the law-making body and has emphasized policies that are based on Islamic law. In addition, Iran shows adversity to western democratic bodies, which falls in line with the idea that Islam and democracy are at odds. Finally, Egypt the most revolution-plagued has changed leaders constantly through coups and protests, when the citizens find the leaders as corrupt or not acting in the best interest of the country. Like Turkey, Egypt is a secular republic with the majority of its citizens being from the Sunni Islamic sect it has recently shown an inclination to be the most democratic nation of those studied. The research showed that the Middle East is still having trouble adjusting to the idea of democracy and democratic ideology. The issues were found on various cultural, social, and leadership levels. There were not only civil and regional disputes among the nations of the Middle East, some of the issues have been extended to international levels. The split between Democracy and traditional Islamic values, appeared to only deepen the conflicts of the region.

This thesis aims to examine the intellectual property regimes in the Gulf Co-operation Council (GCC) states and assess the relationships between legislation, enforcement mechanisms and sharia law. The GCC states, currently Bahrain, Oman, Kuwait, Saudi Arabia, UAE and Qatar, all have varied mechanisms in place for both the implementation and enforcement of intellectual property rights. The thesis pays close attention to the evolution of intellectual property laws and regulations in the GCC states with particular interest directed towards the development of national intellectual property laws within the GCC states from the 1970’s onwards1. Intellectual property protection in the GCC states is considered from two perspectives. The first perspective addresses the international demand for higher standards of intellectual property protection in the GCC states. The second perspective defines intellectual property within the laws of Islam and explores the relationship between Islam and intellectual property. The latter part analyses religious influence, societal and cultural norms, economic reality and the developmental stage of each GCC state. It is an important area of study as developing Muslim countries are struggling with meeting international standards and a successful integrated framework will impact not only on GCC states but other Islamic states and as a result could potentially lead to more informed negotiation in trade agreements with developed states. The research argues there are systematic flaws in the GCC states adopting intellectual property laws which are in essence a procrustean modification of foreign laws which have developed from colonial occupation or laws taken from donor countries. The GCC legal systems of the states have evolved utilising different sets of legal principles and therefore it could be argued the foreign laws that have been adopted are somewhat unsuitable for the GCC states. The research has focused on the implications of the national and international legislative regimes on the protection of intellectual property rights on the GCC states. Consideration is given to compliance, mainly how compliant the GCC is to its World Trade Organisation (WTO) membership and Trade Related Intellectual Property Rights (TRIP’s) Agreement and to what extent the European Union (EU) and the United States (US) influence the intellectual property protection regimes in the GCC. The research has examined the development of the GCC in three distinct stages; pre-TRIPS, TRIPS compliance stage and TRIPS plus. Furthermore, the thesis argues that the somewhat simplistic formula of the GCC states passing a large number of intellectual property laws to appease the EU and US does not have the significant economic impact on the GCC economy as the international agreements would suggest. Not all trade is intellectual property related and not all foreign direct investment is contingent upon intellectual property protection. However, as the GCC states are largely oil dependent, they do need to diversify their trade and as such an intellectual property protection model that accounts for international intellectual property law and the bespoke cultural and religious views amongst GCC citizens can produce tangible results for both the GCC and its trading partners. What sets the research apart from previous research is two-fold. Firstly, the research is qualitative and has scratched beneath the surface of intellectual property law in the GCC and examined in detail the Islamic law principles that have been used to justify sharia compliance, the western perspective on international intellectual property and the impact of multilateral trade agreements. Secondly, the analysis of Islamic finance and the application of successful sharia compliant models in Islamic finance to intellectual property is innovative as it acts as a springboard to creating a modified sharia compliant intellectual property protection model. Finally, the thesis will conclude by making a series of recommendations to develop an integrated approach to intellectual property rights which takes into account; the structure of the GCC states, international agreements and pressures, the international institutions, Islamic finance and both societal and religious views.

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This dissertation is primarily a story of anticolonial thought, during a time when social cohesion was being threatened by foreign encroachment. It explores political and social thought from Iraq in the period from 1909-1925, during the period of transition from Ottoman rule over the three provinces of Mosul, Baghdad, and Basra to the formation of the Iraqi nation-state under the British Mandate. The thinkers whose works I explore in the journals al-‘Irfan, al-‘Ilm, and al-Yaqin, many of whom situated themselves in the pan-Islamic reform tradition of Jamal al-Din al-Afghani, posited Islamic unity as a bulwark against such intervention, and they believed fostering the values and practices necessary to achieve that unity was imperative. Nahda and reform, for them, was the project which sought to achieve those ends. They were influenced by the developments of the Ottoman and Iranian Constitutional Revolutions, and believed constitutionalism could save Muslims from tyranny and autocratic rule. They saw their time as one in which morals had been corrupted, a reference to faltering political systems, unjust economic distribution, and a lack of communitarian social structures and social cohesion. Their proposed response, the notion of reform in the Islamic tradition as a process of the continuous enactment of virtue, reinstituting Islamic values, or correcting harmful innovations, was one and the same as the practice of nahda as instituting what is demanded by the public interest. This notion of a public interest aimed at a quasi-socialist, Islamic welfare state in which the concept of freedom involved duties and obligations to one’s community. These thinkers were witnessing some of the failures of the modern state and critiqued attributes and actions of modern politicians. They developed different conceptions of the end goals of a polity, articulated primarily by thinking through the relationship between the individual and the community. It is those relationships that dictated the nature of moral and ethical life, manifested most clearly in the social, political, and economic realms, all of which were deeply intertwined and inextricable in their ideal form. They believed that the growing assumptions amongst their contemporaries that these fields could be siloed, i.e. that a politician could achieve the true ends of politics while disregarding moral values and practices, played a significant role in the division of the umma and decline of Islamic civilization, a weakness which left the community vulnerable to foreign threats. Such forms of political rule were also described as a suppression of the truth, so part of the project of reform involved fostering a certain degree of shared understanding around what constitutes ‘ilm, or knowledge, and truth. Each of the chapters represents one aspect of how these thinkers jointly believed the project of nahda would be enacted: unity (chapter 1), enjoining good (chapter 2), establishing truth and ‘ilm (chapter 3), and preventing stagnation through ijtihad (chapter 4).

Les trois monothéismes conçoivent un Dieu créateur et ordonnateur du monde, révélé dans l’histoire, garant de toute justice et de tout équilibre, et déterminant l’autorité et les systèmes d’autorités. La théologie a informé le droit et les lois, l’économie et l’éthique des personnes et des États. L’islam, loin d’être homogénéisé dans ses approches économiques, financières et réglementaires, révèle par le biais d’un exemple concret, par l’industrie des services financiers islamiques, les différentes facettes de ce qu’est l’autorité dans un contexte musulman, international et en pleine évolution. Prenant en compte la dynamique des questions sectaires, géographiques et interprétatives, la thèse analyse cette force déterminante que sont les « autorités » en finance islamique. Ces dernières semblent déterminer la finance islamique dans ses formes les plus tangibles, en structurant des produits financiers islamiques. L’analyse comporte d’abord une approche théorique, ensuite une étude comparée des facteurs qui déterminent les décisions prises lors de la structuration de produits financiers islamiques. Ces structures sont en effet fondées sur des contrats financiers conformes aux principes de la sharia. Leur approbation par des membres de conseils de la sharia est-elle déterminée par une autorité régionale, par des autorités internationales ou par des autorités de régulation ? Ces autorités sont-elles conventionnelles ou religieuses ? Afin de bien évaluer la problématique non seulement de l’autorité en tant que telle mais aussi de l’équilibre complexe entre les différentes autorités, nous développons une analyse comparée du système de structuration des produits financiers islamiques par les autorités concernées, en fonction des zones géographiques, au moyen d’un échantillon de 121 membres de conseils de la sharia couvrant l’approbation de produits financiers islamiques au sein de 243 institutions financières islamiques sur 35 pays. / The three monotheistic religions refer to a God who is the all-powerful creator of all that exists, revealed throughout history, guarantor of justice and fairness, who is the ultimate moral authority. Theology advises some of the laws, economics and ethics of individuals and of states. Islam is not homogeneous in its economic, financial and regulatory approaches. However, through the financial services industry, it reveals in a tangible manner various facets of authority across Muslim contexts. These include contexts that are international and highly dynamic. Taking into account the delicate balance between sectarian, geographic and interpretive facets, the thesis analyses the determining forces that we refer to as authorities in Islamic finance. These contribute to the Islamic finance industry in its most tangible form in the structuring of Islamic financial products. Analysis is carried out initially theoretically. It is followed by a comparative study of factors affecting decisions pertaining to the structuring of Islamic financial products. These structures are based on financial contracts that conform to the principles of the Sharia. Is approval by Sharia board members fashioned by a regional authority, by international authorities, or by regulatory authorities? Are these authorities conventional or religious? We address the question as it pertains to the dynamics between various types of authority. We develop a comparative analysis of the approach taken in structuring Islamic financial products, according to geographical areas related to a sample of 121 Sharia board members covering Islamic financial products for 243 Islamic financial institutions in 35 countries.

This thesis is a translation of a chapter that examines the role of Muslim women in politics during the early Islamic period and their engagement with religious and political discourses. This subject raises a combination of provocative challenges for Islamic discourse as Muslim women have had a complex relationship with their religious tradition dating back to the very inception of Islam. Despite Qur’ānic injunctions and Prophetic affirmations of the egalitarian status of Muslim women, social inequality and injustice directed at women remains a persistent problem in Muslim society. In the translated text Abū Shaqqah goes about re-invoking the normative tradition in order to affirm the role of Muslim women in politics. Furthermore the translation is prefaced by a critical introduction outlining the contours of the 20th century landscape, which attempts to describe the struggle of Muslim women in Abū Shaqqah’s time. / Religious Studies and Arabic / M.A. (Arabic)

Doctorat en sciences sociales, politiques et économiques / info:eu-repo/semantics/nonPublished

Eine wissenschaftliche Gesellschaft kann ihren inneren Austausch und ihre Wirkung nach Außen nur sicherstellen, wenn sie ihren Mitgliedern und auswärtigen Interessierten ein zeitgemäßes Diskussionsforum bietet. Angesichts des gestiegenen Bedarfs an zuverlässigen Informationen über das islamische Recht und die rechtlichen Entwicklungen in islamisch geprägten Staaten besteht seitens der GAIR die Notwendigkeit, hierzu einen verantwortungsvollen Beitrag zu leisten. Um dieser Aufgabe gerecht zu werden, wird zukünftig der Schwerpunkt der GAIR-Mitteilungen deutlich stärker auf den fachlichen Diskurs gelegt. Das neue Format deckt neueste Entwicklungen in Gesetzgebung und Rechtsprechung aller Rechtsgebiete im In- und Ausland ab, soweit sie das Recht islamisch geprägter Staaten oder aber Menschen aus solchen Staaten betreffen. Wesentlich ergänzt wird dieses Angebot durch Tagungsberichte, Rezensionen und Aufsätze, in denen auch islamrechtliche Fragestellungen diskutiert werden.