Shari Ah And Common Law
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Shari Ah And Common Law
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Author : Adnan Trakic
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2022-10-24
Shari Ah And Common Law written by Adnan Trakic and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-24 with Business & Economics categories.
Harmonisation of law, a term that refers to the bringing together of two different legal traditions, has developed a negative connotation when considered in the context of Shari’ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge. One of the principal findings of this book is that Shari’ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari’ah and common law, which undoubtedly exist as evidenced in this book, are viewed with an appreciation of the commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process. This book is intended to help readers better understand Shari’ah and common law and aid harmonisation efforts when the need arises.
Accommodating Muslims Under Common Law
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Author : Salim Farrar
language : en
Publisher: Routledge
Release Date : 2016-07-15
Accommodating Muslims Under Common Law written by Salim Farrar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-15 with Law categories.
The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.
Common Law And Sharia In Nigeria
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Author : Balarabe Abubakar Tafawa Balewa
language : en
Publisher: Fourth Dimension Publishing Company
Release Date : 2002
Common Law And Sharia In Nigeria written by Balarabe Abubakar Tafawa Balewa and has been published by Fourth Dimension Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This work was written 1989 and published for the first time in 2002. The author's intention is to inform even-handedly, national and international debates about the misunderstandings surrounding the Sharia and common legal systems in Nigeria. Balewa broadly discusses Western and Islamic philosophical backgrounds of law, relationships between law, politics and religion in society, and concepts of secularism and secularity. He traces the history and schools of Sharia law, and the sources of common law in Nigeria, and its comparative religious and colonial foundations. He further appraises two views of the controversy: namely, whether Sharia law, as a fully-fledged legal system, should be reflected in the Nigerian constitution - or not, given its contentious religious content; and he states the case against Sharia. His conclusion is that in view of the status quo, and the multi-ethnic, mulit-religious nature of Nigerian society, there is a need for understanding of the truths of both systems; and to find appropriate means of ensuring their equality and peaceful co-existence.
Shariah Investment Agreement
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Author : Syed Adam Alhabshi
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2021-02-08
Shariah Investment Agreement written by Syed Adam Alhabshi and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-08 with Business & Economics categories.
Risk-sharing investment is currently the buzz word in Islamic finance. However, there is an incongruence in applying multilayered and opaque Tijarah contracts for investment purposes. This has contributed to the divergence between Shariah and Common Law and caused tremendous problems and systemic legal risks to Islamic finance. The authors of Shariah Investment Agreement introduce a legal tool in the form of a Shariah Investment Agreement carefully drafted to ensure that it is Shariah-compliant and can be applied in Common Law jurisdictions as well, so as to allow for the execution of risk-sharing investment in Islamic finance. It details the building blocks and key considerations that must be noted when drafting such agreements so the investor and investee will know what to expect when entering into such a contract. Proper implementation of the Shariah Investment Agreement will pave a clear route to a harmonious convergence between Shariah and Common Law and lead to Islamic finance developing further to become a stronger, unstoppable force in the finance industry.
Shari Ah And Common Law
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Author : Adnan Trakic
language : en
Publisher:
Release Date : 2022-11-07
Shari Ah And Common Law written by Adnan Trakic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-07 with categories.
De Gruyter Studies in Global Asia edited by Pervaiz K. Ahmed and Mahendhiran S. Nair, Monash University Malaysia The De Gruyter Studies in Global Asia series shines a multidisciplinary lens to explore issues facing Asia as it emerges on the global scene. It locates Asia in the global while simultaneously locating the global in the local. The interdisciplinary nature of the series brings into focus new directions and approaches at the intersection of society, science & technology and economics. Drawing on the social sciences, engineering, politics and economics and other disciplines, the series explores the complex dynamics taking places between and within regional blocks, nation states, industries, and individuals. The focus is to examine experiences at the macro - (e.g. economies, markets), meso - (e.g. industries, institutions, communities) and micro - (e.g. individuals, patterns and behaviour) levels. The emphasis of the Series is on utilising inter-disciplinary, multi-cultural, multi-voice perspectives to develop originals insights and scholarship. The Global Asia Series' emphasis is on studying latest issues, trends and developments in three main areas: Culture, Values and Civilization As a region Asia has a rich heritage constituted by a complex mosaic of religion, values and history that intermesh to define the kaleidoscope of current issues and challenges. These include among others, behaviour and evolution of Asia's people, politics and socio-cultural development. Industry, Markets and Economics Featuring centrally in Asia's arrival on the global stage are the changes taking place in the development of its industries and markets. The patterns and economics underlying these shifts is starting to raise fundamental questions over conventional approaches ascribed and deployed by developed, especially Western, nations. This thematic explores how Asia's nations, industries and markets grapple with evolutionary dynamics in contextually unique ways to develop sustainable pathways to global competitiveness. Science, Technology and Society Advancements in science and technology are having unique positive and negative impacts on Asian society. On the positive side, these forces of change are enablers of empowerment, improving the condition of people living in these societies. On the down side, the advances are encroaching on the traditional values and livelihoods of communities and people, as both global and local actors leverage technology and science to alter economics of production resulting in significant cultural, social and physical displacements. This thematic focuses on the nature and impact of science and technology on society and vice versa, and how these interactions shape future trajectories of development in each of the spheres. We are looking for interesting and innovative proposals for projects; these might include: Research Monographs that make substantial contributions to knowledge. Handbooks that define the state of the art in particular areas. Textbooks/Casebooks that extend and unify understanding of particular subjects. Reports/Proceedings that provide perspectives on emergent themes of interest. Focus Practice (In brief series focusing on practice). Concise, succinct works that focus on the pragmatics of practice, or highlight how to turn theory into practice. Each would be a compact volume of appropriately 50-100 pages. Series Editor: If you are interested in submitting a proposal or have any questions, please contact the Series Editor: Professor Pervaiz K. Ahmed Monash University Malaysia email: [email protected] Professor Mahendhiran S. Nair Monash University Malaysia email: [email protected]
Shari Ah
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Author : M. Haris Z Deen
language : en
Publisher: AuthorHouse
Release Date : 2015-08-27
Shari Ah written by M. Haris Z Deen and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
Muslims form one-fifth of the world population, yet people know very little about Muslims, their culture, religion, and history. This is not a textbook on Islamic law—the Shari’ah—but it analyzes the Shari’ah in its correct perspective as a way of life that a Muslim is required to follow in order to gain the pleasure of God, seeking His rewards and avoiding the punishments, thus introducing to those non-Muslims the correct understanding of the Shari’ah. After 9/11 and 7/7, Shari’ah, in any form, has become very suspicious, and a new word, “Islamophobia,” has entered the English lexicon. Against this background, this book examines the concept of Islamic law that can be safely accommodated within the British legal system. A strong case has been made for legal pluralism that can be introduced without affecting human rights, and a robust case has been made for allowing Muslim matrimonial and family matters to be settled using the British Arbitration Act of 1996
Islamic Law In Malaysia
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Author : Adnan Trakic
language : en
Publisher: Springer Nature
Release Date : 2021-03-16
Islamic Law In Malaysia written by Adnan Trakic and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-16 with Law categories.
This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. Second, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on the Shafi’i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws.
Understanding Sharia
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Author : Raficq S. Abdulla
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-30
Understanding Sharia written by Raficq S. Abdulla and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-30 with Religion categories.
Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs.
Understanding Islamic Law
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Author : Hisham M. Ramadan
language : en
Publisher: Rowman Altamira
Release Date : 2006
Understanding Islamic Law written by Hisham M. Ramadan and has been published by Rowman Altamira this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Ramadan brings together essays to explain the history of Islamic law and its role in the contemporary world.
Islamic Finance And Law
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Author : Maha-Hanaan Balala
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-10-30
Islamic Finance And Law written by Maha-Hanaan Balala and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-30 with Business & Economics categories.
Islamic commercial and financial practice has not experienced the trial-and-error style of development that has characterised the development of the common law in the English-speaking world. Many of the principles, rules and practices prevalent in the Islamic law of contract, commerce, finance and property remain the same as those outlined by the Quran and the Prophet Muhammad, and expounded by scholars of jurisprudence as far back as the 13th century, despite the advancement in time and sophistication of commercial interaction. Hanaan Balala here demonstrates how, in order to bridge the gap between the principles outlined by the Quran and the Prophet in the 7th century and commercial practice in the 21st century, Islamic finance jurisdictions need to open themselves to learning from the experience (including the mistakes) of the English common law. 'Islamic Finance and Law: Theory and Practice in a Globalized World' provides an analysis of the fundamental principles underlying the Islamic law of contract and commercial practice in comparison with their equivalents in common law in the English-speaking world. It seeks to draw parallels (and differences where appropriate) to facilitate the growth and development of Islamic commercial and financial law globally.