Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Shari'a (4)
- Islamic Law (3)
- Islamic law (3)
- Iraq (2)
- Islam (2)
-
- Islamic finance (2)
- Repugnancy (2)
- Arab constitutionalism (1)
- Arab law (1)
- Banking (1)
- Banking regulation (1)
- Community and social studies (1)
- Constitutional development (1)
- Formalism (1)
- Functionalism (1)
- Gender studies (1)
- Government and politics (1)
- Human rights (1)
- International law (1)
- Iraqi Constitution (1)
- Iraqi commerce (1)
- Iraqi commercial law (1)
- Iraqi constitution (1)
- Islamic Finance (1)
- Islamic bank (1)
- Islamic commerce (1)
- Islamic constitutionalism (1)
- Jurisprudence (1)
- Land and resource use (1)
- Negotiations (1)
Articles 1 - 9 of 9
Full-Text Articles in Arabic Studies
Economic Perceptions And Potential Within La Marsa, Dean Roiland
Economic Perceptions And Potential Within La Marsa, Dean Roiland
Independent Study Project (ISP) Collection
This research largely focuses on the perspectives of the Tunisian youth in regards to the unemployment situation they are being faced with. These perspectives carry many insights as to the problems in Tunisia and the potential solutions to these problems. Background research was conducted to examine the specifics of the economic situation and how it ended up in such a state. The Tunisian economy was found to be heavily suffering from high unemployment, high inflation, a lack of job creation, and a lack of FDI to name a few. These negative symptoms have especially been impacting the young adults in …
Market Feminism In Morocco, Claire Madsen
Market Feminism In Morocco, Claire Madsen
Independent Study Project (ISP) Collection
Despite widespread views of “Moroccan Exceptionalism,” Morocco continues to rank poorly on international evaluations of gender equality. This project seeks to understand the extent of the influence neoliberal economic forces in Morocco have had on the feminist landscape. Analysis of Moroccan political history, Foucauldian theories of power relations, and relevant literature on state feminism set the groundwork for the evaluation of the extent state feminism in Morocco can be understood as market-based, in accordance with the definition from From State Feminism to Market Feminsim (2012) by Kantola and Squires. Through interviews of three experts, three meetings with women’s empowerment NGOs, …
The Impossible, Highly Desired Islamic Bank, Haider Ala Hamoudi
The Impossible, Highly Desired Islamic Bank, Haider Ala Hamoudi
Articles
The purpose of this Article is to explore, and explain the stubborn persistence of, a central paradox that is endemic to the retail Islamic bank as it operates in the United States. The paradox is that retail Islamic banking in the United States is impossible, and yet it remains highly desired. It is impossible because the principles that are supposed to underlie the practice of Islamic finance deal with the trading of assets and the equitable sharing of risks, profits and losses among bank, depositor and portfolio investment. It is true that much of this can be, and is, circumvented …
Repugnancy In The Arab World, Haider Ala Hamoudi
Repugnancy In The Arab World, Haider Ala Hamoudi
Articles
“Repugnancy clauses” -- those constitutional provisions that, in language that varies from nation to nation, require legislation to conform to some core conception of Islam -- are all the rage these days. This clause, a relatively recent addition to many modern constitutions, has emerged as a central focus of academic writing on Muslim state constitutions generally, and on Arab constitutions in particular. Much of the attention it has received has been enlightening and erudite. Yet one aspect of the broader repugnancy discourse that deserves some attention is an important, often de facto, temporal limitation on the effect of the clause. …
Notes In Defense Of The Iraq Constitution, Haider Ala Hamoudi
Notes In Defense Of The Iraq Constitution, Haider Ala Hamoudi
Articles
This paper is a defense of sorts of the Iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that highly divided political forces could find incremental solutions to the deep rooted sources of division that have plagued Iraqi society since its inception. That Iraq has found itself in such dreadful political circumstances since constitutional ratification is therefore not a function of the open ended constitutional bargain, but rather of the failure of Iraqi legal and political elites to make use of the space that the constitution provided them to develop …
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Articles
Nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq has yet to render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. This so-called repugnancy clause is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – …
Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi
Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi
Articles
Western distortions of the Muslim East nearly always take the same form, irrespective of who in the West is doing the distorting. One common theme can be generally gleaned from any projections of the Muslim East in the West, in any Western country, among nearly every community, including, and perhaps especially, our own academic community. This is the perception of the near ubiquitous role of Islam and, more germane to my remarks, Islamic law, of a historic, medieval kind, in governing the legal order of Muslim states, including Iraq, in a manner that can be entirely distorting. In these brief …
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Articles
There is a crisis in our law schools in the study of Islamic law and the law of the Muslim polities. The current approaches either focus exclusively on national codes to the derogation of other vitally important influences on the legal order, most importantly the body of norms and rules derived from Islamic foundational texts known as the shari'a, or they regard as secondary, and at times irrelevant, the actual legal order of the societies in favor of an academic construction of the theories of medieval Muslim jurists. Neither of these approaches reflects with a necessary degree of accuracy the …
Jurisprudential Schizophrenia: On Form And Function In Islamic Finance, Haider Ala Hamoudi
Jurisprudential Schizophrenia: On Form And Function In Islamic Finance, Haider Ala Hamoudi
Articles
Despite its explosive growth over the past several decades, Islamic finance continues to have trouble attracting large numbers of otherwise pious Muslims as potential investors. The underlying reason for this is that the means that the practice employs to circumvent some of the central Muslim bans relating to finance (most notably, the ban on interest) are entirely formal in their structure and are equivalent to conventional structures both legally and economically. However, the practice purports to serve functional ends; namely, through offering Muslims alternative means of finance that are intended to further Islamic ideals of fairness and social justice. This …