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Articles 1 - 12 of 12
Full-Text Articles in Comparative and Foreign Law
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Understanding The Islamic Prohibition Of Interest: A Guide To Aid Economic Cooperation Between The Islamic And Western Worlds, Hesham M. Sharawy
Understanding The Islamic Prohibition Of Interest: A Guide To Aid Economic Cooperation Between The Islamic And Western Worlds, Hesham M. Sharawy
Georgia Journal of International & Comparative Law
No abstract provided.
Islamic Flextime, Liaquat Ali Khan
Islamic Flextime, Liaquat Ali Khan
Ali Khan
Islamic flextime is derived from a divine decree that convenience is the organizing principle of cosmic construction. Rigid temporal frameworks restrict freedom and may even impede human happiness, social harmony, and economic efficiency. This essay explains the foundation of Islamic temporality. Islam teaches that human beings can use temporality but they have no control over time, just as they can benefit from sunlight but cannot conquer the sun. A flexible notion of temporality facilitates the performance of obligations, without repudiating the core concepts of punctuality and time commitments. Islamic flextime is an accommodation principle that respects individual needs and mitigates …
Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik
Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik
Spencer J. Coopchik
In a globalized economy it is important for Western lawyers and investors to understand Islamic banking and finance. Islamic banking’s rapid growth in the past two decades has come as surprise to many in the financial markets. More surprising is that the legality of most financial transactions is decided by a select group of jurists sitting on Shari’ah Supervisory Boards. Islamic banking is a financial system governed by the Shari’ah. Many often misperceive Islamic banking as traditional financial practices veiled in Islamic legal fiction. This misconception is due in part to a lack of understanding of the Islamic legal principles …
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman, Ahmed Eldakak
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman, Ahmed Eldakak
Richmond Journal of Global Law & Business
The first parliamentary elections that followed the Egyptian Revolution witnessed an unprecedented success for Islamists as they secured an overwhelming majority of seats in parliament, suggesting that they may intend to amend many laws to bring parliament into compliance with Islamic Shari’a. This article addresses legal challenges that will face the new majority if they decide to Islamize laws and regulations related to business and finance. Particularly, the article discusses Islamic money theory, trade, banking systems, consumer protection, insurance, competition, and tax systems. The article analyzes Egyptian business and finance laws to examine whether they comply with Islamic law. It …
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Sharia Law Poses No Threat To American Courts, Nathan B. Oman
Popular Media
No abstract provided.
Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia
Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg
Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg
Ryan M. Riegg
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 …
The Muezzin's Call And The Dow Jones Bell: On The Necessity Of Realism In The Study Of Islamic Law, Haider Ala Hamoudi
The Muezzin's Call And The Dow Jones Bell: On The Necessity Of Realism In The Study Of Islamic Law, Haider Ala Hamoudi
Articles
The central flaw in the current approach to shari'a in the American legal academy is the reliance on the false assumption that contemporary Islamic rules are derived from classical doctrine. This has led both admirers and detractors of the manner in which shari'a is studied to focus their energies on obsolete medieval rules that bear no relationship to the manner in which modern Muslims approach shari'a. The reality is that given the structural pluralism of the rules of the classical era, there is no sensible way that modern rules could be derived from classical doctrine, either in letter or in …
On The Sources Of Islamic Law And Practices, Ahmed Souaiaia
On The Sources Of Islamic Law And Practices, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Colonial Law In Tropical Africa: The Conflict Between English, Islamic And Customary Law, J.N.D Anderson
Colonial Law In Tropical Africa: The Conflict Between English, Islamic And Customary Law, J.N.D Anderson
Indiana Law Journal
This address is the last of the Addison C. Harris Memorial Lectures. These lectures were inaugurated in 1958 and continued through 1959.