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Effect Of Shari'a On The Dispute Resolution Process Set Forth In The Washington Convention, The, Andrew Smolik
Effect Of Shari'a On The Dispute Resolution Process Set Forth In The Washington Convention, The, Andrew Smolik
Journal of Dispute Resolution
This article will provide an overview of Shari'a law with respect to arbitration. Section I provides an overview of principles of Shari'a and its development. Section II discusses Islamic jurisprudence and the different schools of Islamic jurisprudence. Section III provides a discussion of the different schools of Islamic jurisprudence. Section IV provides a history of arbitration in the Middle East from the period before Muhammad to today. Section V gives a brief overview of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). Sections VI and VI discuss issues regarding choice of …
Islamic Wakf, The, William F. Fratcher
Islamic Wakf, The, William F. Fratcher
Missouri Law Review
The institution of wakf rests upon the shari'a, the religious law of Islam. Although it antedates the mediaeval English feoffment to uses, precursor of the trust, by at least four centuries, the Islamic wakf bears striking resemblances to the trust. The origins of the shari'a are to be found in the Koran, looked upon as the revealed word of Allah, and in the Hadith, traditions of the deeds and sayings of the Prophet Mohammed. Some discussions of the peculiarities of the shari'a will be helpful to an understanding of the law of wakf. First, the shari'a is a personal, as …