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2007

Jurisprudence

Haider Ala Hamoudi

Articles 1 - 2 of 2

Full-Text Articles in Law

Jurisprudential Schizophrenia: On Form And Function In Islamic Finance, Haider Ala Hamoudi Jan 2007

Jurisprudential Schizophrenia: On Form And Function In Islamic Finance, Haider Ala Hamoudi

Haider Ala Hamoudi

No abstract provided.


Muhammad's Social Justice Or Muslim Cant: Langdellianism And The Origins Of Islamic Finance, Haider Ala Hamoudi Jan 2007

Muhammad's Social Justice Or Muslim Cant: Langdellianism And The Origins Of Islamic Finance, Haider Ala Hamoudi

Haider Ala Hamoudi

Though it is advertised and promoted as the bulwark of an alternative economic system based on populist Muslim notions of social justice and fairness, Islamic finance as a practice has failed to meet these objectives. The causes of that failure and the question of whether alternative approaches are possible are the subject of this Article.

The failure of Islamic finance to provide that which it promotes is the direct consequence of the application of an Islamic logic driven interpretive system through which rules are derived, which its adherents claim was formalized and systematized by the early jurist Muhammad Ibn Idris …