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Full-Text Articles in Law
Islamic Law And The Crime Of Theft: An Introduction, David F. Forte
Islamic Law And The Crime Of Theft: An Introduction, David F. Forte
Cleveland State Law Review
This Article introduces the concept of theft in Islamic law. As such, it does not pretend to be comprehensive either in the data it puts forth or in its analysis. Rather, the Article raises a number of issues for discussion, and offers, most tentatively, suggested answers to the following points: 1) whether theft in Islamic law properly belongs to the species of manifest criminality; 2) what possible justifications exist for such an extreme penalty; 3) what were the requirements for conviction; and 4) some concluding observations as to why the classical jurists encumbered a prosecution for theft with so many …
The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi
The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi
Cleveland State Law Review
Medieval England presents the student of legal history with a number of interesting peculiarities. Among these are the common law and the schools where it was taught, the Inns of Court. English law was the only native law in medieval Europe, functioning distinctly from both civil and canon law. It was judge-made, and followed the case-law method peculiar to it, distinct from the codification system of civil and canon law. Its schools, the Inns of Court, were, in Christendom, the only law schools of their kind that came out of the Middle Ages into modern times. These and other features …
English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny
English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny
Cleveland State Law Review
In England, during the first half of the seventeenth century a serious conflict having both legal and political implications arose concerning the Royal Prerogative. King James I insisted upon the Royal Prerogative, which placed the King above the law and gave him absolute power. Sir Edward Coke, on his part, argues that the common law was above the King's Prerogative. This led to a violent clash between Coke and the King in November 1608. A general discussion of the further development of common law and of the decisive role of Parliament is beyond the framework of this Article. One aspect, …
The Problem Of Offer And Acceptance: A Study Of Implied-In-Fact Contracts In Islamic Law And The Common Law, Aron Zysow
The Problem Of Offer And Acceptance: A Study Of Implied-In-Fact Contracts In Islamic Law And The Common Law, Aron Zysow
Cleveland State Law Review
Every student of Islamic law is familiar with the formation of contract by offer (jdb) and acceptance (qabud). Of the rules of jdb and qabul one can quote Karl Llewellyn's statement about their common law counterparts: they "have been worked over; they have been written over; they have been shaped and rubbed smooth with pumice, they wear the rich deep polish of a thousand classrooms."' The apparent prominence of offer and acceptance in the two legal systems, however, should not mislead one into seeing similarity where there is significant difference. Some of these differences are the subject of this paper. …
Islamic Family Law And Anglo-American Public Policy, David Pearl
Islamic Family Law And Anglo-American Public Policy, David Pearl
Cleveland State Law Review
This Article discusses the response of the English judiciary and legislature to the differing expectations and norms of the Muslim community living in its midst. Although the emphasis is necessarily on the English experience, it is hoped that the problems and the reactions will have echoes on the other side of the Atlantic. England, perhaps more than the United States, enjoys an ecclesiastical entrenchment in historical terms. Little of this experience however should be left in the ongoing day to day reality of the administration of family law. This Article proposes that pluralism and diversity must be a central theme …
Formal Rationality In Islamic Law And The Common Law, John Makdisi
Formal Rationality In Islamic Law And The Common Law, John Makdisi
Cleveland State Law Review
Rationality in a legal system suggests a consistent set of legal propositions as well as methods for modifying, limiting, and expanding the laws which are governed by some type of logical apparatus. It is a desirable characteristic because it furthers one of the primary ends of a legal system: It facilitates social interaction by enabling members of society to calculate the consequences of their conduct. It is not an easy concept to define, however. Rationality may take different forms, more or less formal, more or less innovative. These different forms shall be examined to determine the type of rationality which …
Comparative Commercial Law Of Egypt And The Arabian Gulf, Ian Edge
Comparative Commercial Law Of Egypt And The Arabian Gulf, Ian Edge
Cleveland State Law Review
Middle East countries have approached the problem of reforming civil and commercial laws by adopting laws which purportedly suit the needs of a modern, industrial society. This note will examine the countries of the Arabian peninsula, particularly Kuwait, Bahrain, Qatar, the United Arab Emirates, and Saudi Arabia, while making passing references to Jordan, Syria, Iraq, and Egypt. The thesis of the paper is that Egypt exercised and still continues to exercise a predominant position, practically, legislatively, and jurisprudentially in the Middle East, and particularly the Arabian peninsula. Consequently, the development and reform of civil and commercial law in the Middle …