2023-05-01T09:50:17Z EPrints https://repository.www.guaguababy.com/images/sitelogo.png https://repository.www.guaguababy.com/ 2022-12-13T14:12:44Z 2022-12-13T14:12:44Z https://repository.www.guaguababy.com/id/eprint/2201 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/2201 2022-12-13T14:12:44Z

香港警务处已经th(力)rough significant changes over the past decades since the civil service reform and the adoption of the strategic management practice in 2006. The first set of Strategic Directions and Strategic Action Plan (SD and SAP) was introduced in 2008. Since then, the strategic planning process has adopted a three-year cycle. In 2019, Hong Kong was struck by a sustained outbreak of riots arising from the extradition bill. In addition, the pandemic in 2020 and the digital era present new challenges to the Force, in terms of rebuilding the trust with the public and delivering quality policing service to all. Despite the continuous theoretical debate about the usefulness and value of strategic management in the public sector, little is known about their practical application. This research aims to investigate the perception of frontline police officers from Police Constables to Superintendents on the Force strategic management practice which is laid down in the Force Procedures Manual. The objectives are to first explore police officers’ perception and satisfaction with the process of strategy formulation, implementation and review. Second, to explore the critical factors that impact on the strategic management practice and finally, to test the applicability of the 3H framework (Heart, Head and Hand dimensions) with a view to building a holistic strategic management model in the Force. The research is guided by six research questions and a combined methodology is adopted using questionnaires and semi-structured interviews to answer the research questions. The findings indicate that frontline police officers perceive the Force strategic management important for the organisation’s operation, success and long-term development as it provides a direction for the Force to achieve its goals and objectives. The overall satisfaction rating in the survey ranges from 67 to 78 percent. The findings also reveal that there is insufficient involvement of external stakeholders and lower-ranking staff during the strategic planning process. More avenues should be established for them to participate. Furthermore, communication and publicity on SD and SAP should be cascaded down to the junior police officers’ level, as their buy-in is beneficial to the execution of strategic plans. Evaluation and performance measurements should be linked to a reward mechanism to increase staff incentive to align with the iii organisation’s goals. Finally, the synergistic alignment of all three H dimensions including leadership, motivation, capability of planning and implementation, structure and governance, staff competence, training, and development are essential to develop a holistic Force strategic management. The research fills the gap in strategic management literature and offers practical reference to the Force and other government departments. Overall, the study provides important insights developed from systematic and in-depth empirical research on the entire strategic management process of the Force. A promising holistic strategic management model is developed to serve as a valuable reference for effective management in a modern police organisation.

Hoi-yan Cheung 2020-04-06T09:05:24Z 2020-04-06T09:05:24Z https://repository.www.guaguababy.com/id/eprint/1259 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1259 2020-04-06T09:05:24Z

In recent years, the study of Muslims and Islam has increased due to the current political climate and various conflicts around the world. The issuing of Islamic legal rulings, otherwise known as fatāwā, has drawn interest from Muslims and non-Muslims. This paper seeks to discuss the development of fatāwā from the early Islamic era and its importance to Muslims throughout history. The prominence of the internet and social media has been integral in the dissemination of Islamic rulings throughout the world in the current age. In effect, this has given a platform to many individuals who possess varying levels of Islamic scholarship to issue legal reasoning at will. The author discusses polarisation and confusion within the Muslim community due to Islamic legal rulings being so vastly available on the internet. Several fatāwā are presented to show the disparity in interpreting Islamic jurisprudence; as a result, a single enquiry regarding ritual worship by a layman may produce multiple answers based on different understandings of the Qur’ān and Hadīth (Prophetic statements). Likewise, the author discusses the classical Islamic ideal regarding the role of a mufti (an issuer of Islamic legal rulings) and how this has changed. Classically, a mufti was perceived as an individual who possessed knowledge of various sciences and exhibited great piety; his views would be highly instrumental in shaping the methodology practiced by Muslims. At present, the credentials of a web muftī are obscure which has made their work difficult to accept or critique. This research paper details such issues and highlights how the concept of fatāwā has changed from the early Islamic era to the current, digital age.

Mohammed Subhan Dalvi 2019-09-05T13:02:28Z 2019-09-05T13:02:28Z https://repository.www.guaguababy.com/id/eprint/1045 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1045 2019-09-05T13:02:28Z Jamal Al-Sumaiti 2019-09-05T12:52:23Z 2019-09-05T12:52:23Z https://repository.www.guaguababy.com/id/eprint/1043 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1043 2019-09-05T12:52:23Z Badr Al-Shalhoub 2019-09-05T12:36:57Z 2019-09-05T12:36:57Z https://repository.www.guaguababy.com/id/eprint/1040 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1040 2019-09-05T12:36:57Z Mohamed Jindani 2019-09-05T12:21:29Z 2019-09-05T12:21:29Z https://repository.www.guaguababy.com/id/eprint/1038 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1038 2019-09-05T12:21:29Z Uzaimah Ibrahim 2019-09-05T09:13:17Z 2019-09-05T09:13:17Z https://repository.www.guaguababy.com/id/eprint/1036 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1036 2019-09-05T09:13:17Z Ahmed Y Al-Atawi 2019-08-23T12:53:48Z 2019-08-23T12:53:48Z https://repository.www.guaguababy.com/id/eprint/1031 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1031 2019-08-23T12:53:48Z Muhammad Naim Omar 2019-08-12T11:24:11Z 2019-08-12T11:24:11Z https://repository.www.guaguababy.com/id/eprint/1077 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1077 2019-08-12T11:24:11Z

本研究检视al-Maslaha佤邦的概念l-Nass (Public Interest and Islamic legal text) with special reference to Kitab al-Buyu (chapter on business transactions) in the book of Bulügh al-Maram. The analysis moves from the connection formed between al-Maslaha and al-Nass by Muslim jurists to the investigation of the practical principles of al-Maslaha as those principles apply to al-Buyü , as encompassed in the ahadith of the Prophet s. a. w in Kitab al-Buyu. It is for this reason that the book of Bulügh al-Maräm has been chosen by the present researcher; Kitäb al-Buyu represents the most explicit source of ahadith on which to draw for the practical principles discussed. To this end, six chapters have been drawn up in three parts; that is, parts A, B and C. Part A is entitled `The concept of al-Maslaha wa al-Nass in Islamic Jurisprudence', and consists of three chapters. The first deals with the definition and historical development of the concept of al-Maslaha wa al-Nass. The second chapter extends this with the theoretical development of the concept of al-Maslaha wa al-Nass. This conceptual section closes with the third chapter, which focuses on the significance of Talil al-Ahkam for the concept of al-Maslaha wa al-Naas. Part B examines the authenticity of the Hadith, introduces the book of Bulügh al-Maräm and consists of two chapters, chapter four and chapter five. The fourth chapter discusses the main reference sources for the book of the Hadith, while the fifth both introduces the book of Bulügh al-Maram and analyses in detail each successive section. The last part of this thesis is part C, which specifically examines the ahädith. Part C forms the heart of the thesis, building a specific methodology within the juristic framework of the concept of al-Maslaha wa al-Nass for the analysis of alBuyü according to the practical principles drawn up from the 22 sub topics listed in Kitäb al-Buyu (chapter on business transactions) in the book of Bulügh al-Maräm. The thesis concludes that if these principles of public interest are applied to all business transactions in accordance with what is laid down in the ahädith of the Prophet s. a. w, then the public interest of humanity amongst Muslims will be preserved. It is for this reason, that the ahädith of the Prophet s. a. w are given to humanity as a universal living source on which to draw for their eternal well-being. Thus, it is hoped that using the juristic concept of al-Maslaha wa al-Nass as a new tool with which to analyse the ahädith of the Prophet s. a. w opens the door to further study in this field

Ishak Suliaman 2019-08-12T11:21:19Z 2023-01-27T11:50:37Z https://repository.www.guaguababy.com/id/eprint/1076 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1076 2019-08-12T11:21:19Z

本研究涉及语言principles that are used in the process of legal reasoning in Islamic law. These linguistic principles represent an important branch of the science of usu1 al-fiqh on its part represents the theoretical basis for the Shari ah and indisputable foundations upon which the whole structure of Islamic law is built. It is a unique study in the sense that no similar work, as far as we know, is available and its comparative and analytical approach has not been presented before. This study is divided into four parts. The first part deals with the linguistic principles that are related to the methods of textual indication on legal rulings. In this part these principles have been analysed according to both the Hanafi and the Shäfi'i approach. In the second part this study deals with linguistic principles which are related to clarity and ambiguity of words. It is a comparative study of the Hanafi and the Shdfi'i approach to this issue. The third part highlights the generality and specific qualities of words, and the fourth part analyses the possibility of interpretation of authoritative texts not according to their obvious meanings (ta'wi7). In general this is a comparative study of the methodology of interpretation of authoritative texts in Islamic law presented through the study of the linguistic principles in usül al-fiqh and their effect on legal reasoning in Islamic law.

Sukri Husayn Ramic 2019-08-12T10:59:31Z 2019-08-12T10:59:31Z https://repository.www.guaguababy.com/id/eprint/1073 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1073 2019-08-12T10:59:31Z

这项研究涉及破产的概念(a]-iflias) under Islamic law in detail with special reference to Sunni schools of law (a1-madhahib)- To do this, the Qur'an, Hadith, their commentaries and classical manuals of Sunni schools are consulted. It also deals with English and Malaysian Personal Bankruptcy Laws as a comparison with Islamic law. Thus, this research excludes any discussion pertaining to partnership and company law unless they are relevant to the interpretation of Personal Bankruptcy Law. This research is divided into six chapters. Chapter One deals with the concept of bankruptcy petition and the jurisdictions of the court upon hearing the petition. Chapter Two deals with the legal consequences of the bankruptcy order. Chapter Three deals with the concept of repossession and the application of right of repossession. Chapter Four deals with the concept of realisation of the bankrupt's estate and the matters relating to it. Chapter Five deals with the concept of distribution. Chapter Six deals with the concept of discharge, it legal consequences and annulment of bankruptcy order. It has been established in this research that Islamic law provides a systemisation of bankruptcy law. Moreover, this research shows that there are similarities and differences between Islamic Bankruptcy Law, English and Malaysian Personal Bankruptcy Laws. It is hoped that, through comparison of these legal C) systems, a clearer understanding on Islamic Law of Bankruptcy is achieved.

Ahmad Azam Othman 2019-07-30T13:03:54Z 2019-07-30T13:03:54Z https://repository.www.guaguababy.com/id/eprint/1053 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1053 2019-07-30T13:03:54Z

本文提出了一种研究法律和莫拉l foundations of copyright in the "Shari'a" (Islamic Law), with reference to various schools of "figh" (Islamic Jurisprudence). By following the methodological principles and proofs in the sources of Shari 'a, the study provides the main authoritative groundings for copyright. Examination of copyright in the Shari 'a was performed by collecting and investigating the available references and citations relating to the subject. The material was obtained from various Islamic sources and through the fiqh terminology. Accordingly, the concepts of "hagq" (right), "milkiyya" (ownership), "mal" (wealth) and "manfa'a" (utility) and their definitions made by the leading scholars, were examined in order to understand the precise standing of copyright in Shari 'a. The analyses of these essential definitions revealed that the key factor of these concepts is the approval of Shari`a. Under Shari`a, however, copyright may be considered as hagq whose classifications in fiqh can be applied to copyright. Copyright is manfa'a and mal and can be owned. This understanding can provide an enough room for copyright in Shari'a. This study investigated evidence of copyright starting from the original sources of Shari'a Qur'an and Sunna (the prophetic traditions and practices), and the subsidiary sources such as "Qiyas" (the analogy). The study argues for the legitimacy of copyright on the ground that it reflects principles of justice and honesty, respects right and property, and reduces injustice enrichment. There are some "ahädith " (Prophet's traditions) which may support the idea of copyright. The application of giyds showed some clear cases which can be applied to copyright. An investigation on the supplementary sources of Shari'a; "Maslaha" (the public interest) "'Urf' (custom) and "al-Qawä`id al-Fiqhiyya" (legal maxims) supports copyrights. Therefore, copyright has received support from separate and cooperative evidence. The religious approval of copyright can only be gained, if a given work meets necessary conditions of originality, legality and the public interest. The duration of copyright leaves some scope for differences of view as to whether copyright should be eternal or for specified limited periods, with a discrepancy in theoretical and practical reasoning but the view of perpetual copyright appears to be more evident according to Shari 'a. The range of arguments dealt with in the study ought to dispel any doubt about the acceptance of copyright in Islamic law. The introduction of copyright within Islamic law is an extension and a logical part of "ijtihad" (conscientious reasoning) of Shari 'a. Copyright may be governed by the principles of Shari `a inasmuch as it is strengthened. Finally, the research shows how Shari 'a is a responsive and evolving system and provides guidance to serious and complex issues such as copyright with its international burden and interest.

Mohamed Ali Ahdash 2019-07-30T12:52:40Z 2019-07-30T12:52:40Z https://repository.www.guaguababy.com/id/eprint/1052 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/1052 2019-07-30T12:52:40Z

伊斯兰法律格言的主题之一sciences in Islamic jurisprudence which aphoristically subsumes all the spectrums that purpose of Sharl`ah is all about. There are six basic Islamic legal maxims agreed upon among the Islamic scholars on which the tenet of Islamic law is based. Each one of these six legal maxims has some sub-maxims which are either functioning as further explanation to the grand maxim or condition and restriction to it. This thesis attempts to analyze those six legal maxims and their sub-maxims in relation to Islamic criminal law. Each maxim is theoretically and empirically studied. In doing so, the thesis emphasizes on the link between each legal maxim and the overall objectives of Islamic law in relation to criminal law. The maxims are: (1) the roles of intention in a criminal act (a1-'umcir bi magasidiha), (2) evaluation of evidence from its certainty and doubt (al yagln lä yazül bi al-shakk), (3) facility guaranteed in the face of hardship (almashagqah tajlib al-taysir), (4) preference of Islamic law in eliminating harm (al-darar yuzäl), (5) the locus standi of custom (al-`adah muhakkamah) and (6) the effect of utterances ('i `mä1 al-kaläm awli min ihmiiih! ). Each one forms a chapter of the thesis and in addition, there is a first chapter which delves into the concepts of Islamic Legal Maxims (al-Qawi'id al-Fighiy)eah). In order to make the theory of these six legal maxims empirically visible, and to integrate the work of the past and the present, cases judged in Northern Nigeria Shari `ah courts are critically illustrated in line with the overall objectives of Islamic Law (Magiyid alSbari'ab). The constant questions raised in the thesis are: Do judges consider core principles of these legal maxims when delivering verdicts? Do the verdicts corroborate/ commensurate/ extrapolate the tenet of Islamic Law? Is attention paid to the cardinal difference between the rights of God and the rights of mankind in evaluating crime brought before the judge before giving judgments?

Luqman Zakariyah 2014-09-26T08:31:05Z 2016-03-20T16:20:08Z https://repository.www.guaguababy.com/id/eprint/346 This item is in the repository with the URL: https://repository.www.guaguababy.com/id/eprint/346 2014-09-26T08:31:05Z

The dissertation considers the life and work of Sir William Jones, a significant figure in the field of Orientalism and a judge in the Bengal Supreme Court. The life and career of Jones is described ,with emphasis on his interests in the Arabic, Persian and Sanskrit languages. A review of literature relating to Jones gives a comparative account of how his work and actions were perceived by commentators and how those perceptions changed in more recent studies of his work. The major part of the dissertation deals with the work of Jones in translating legal texts, with particular attention paid to his last work on Mohamedan laws of intestacy, as part of the plan to administer native laws. The work is considered in the context of the Shari’a and Islamic jurisprudence, the work of Muslim jurists and their function. Consideration is given to the impact of his work, and that of others on the development of Anglo-Mohamedan law. Jones’s contribution to the early development of Oriental studies is evaluated. The significance of Jones to Islamic Studies is assessed, showing that his work and actions were instrumental in affecting the laws of a Muslim society by the introduction of colonialist concepts and practices. The dissertation contains a Glossary of Key Terms and a Bibliography.

Owen Watkin