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Islamic law

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Full-Text Articles in Religion Law

Islamic Law In American Courts, David F. Forte Jan 1983

Islamic Law In American Courts, David F. Forte

Law Faculty Articles and Essays

Nonetheless, the common law judge remains constrained by his own system of adjudication. Not only does he apply the law, he also states it. Yet, he becomes hesitant when he is asked to apply an asserted principle of Islamic law unless he is certain that it truly represents the accepted view and is not some imaginative interpretation. Thus, in interpreting Islamic law, the American judge is more reluctant than a qadi would be in choosing between opposing casuistical arguments in the same kind of case. Ironically, the American judge is also far more restrained in a case involving Islamic law …


A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel Jan 1983

A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel

Vanderbilt Journal of Transnational Law

There is no Saudi legal code. Although the literature on the Islamic faith is extensive, the only Saudi laws available in the English language are the corporate, tax, and labor regulations. This Note brings together the applicable principles and laws to provide a broad overview of the Saudi legal system: it discusses the way in which Islamic law has evolved in Saudi Arabia, analyzes the major Saudi corporate regulations, and, as an introductory research tool, directs the practitioner to more detailed resources. This Note also gives practical advice to attorneys representing clients doing business in Saudi Arabia, adding needed dimension …


Islamic Law: The Impact Of Joseph Schacht, David F. Forte Jan 1978

Islamic Law: The Impact Of Joseph Schacht, David F. Forte

Law Faculty Articles and Essays

It is here where Schacht's service to Islamic law becomes most salutary. He has made it possible for this great legal tradition to free itself from an unthinking bondage to issues relevant to the second Islamic century, and thus open anew the gate to ijtihad. Mujtahids need no longer fear they are revising divine law when they develop the traditional norms of Islamic law beyond the confines imposed by taqlid. The Sunna of Islam remains the way of the Prophet's devout followers, even though it may not be the way of the Messenger himself. In this fashion, respect for the …


Book Notes, Law Review Staff Mar 1961

Book Notes, Law Review Staff

Vanderbilt Law Review

Diary of A.D.A.

By Martin M. Frank.

New York: Henry Holt & Co.,1960. Pp. 274. $3.95.

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Islamic Law in the Modern World

By J.N.D. Anderson.

New York:New York University Press, 1959. Pp. xx, 106. $2.75.