The Theory Of Contracts In Islamic Law A Comparative Analysis With Particular Reference To Modern Legislation In Kuwait Bahrain And The U A E

Author : Susan Rayner
Publisher : Springer
Page : 488 pages
File Size : 47,7 Mb
Release : 1991-11-25
Category : Law
ISBN : UOM:35112101688002

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The Theory of Contracts in Islamic Law:A Comparative Analysis with Particular Reference to Modern Legislation in Kuwait, Bahrain and the U. A. E. by Susan Rayner Pdf

Since the discovery of oil in the Middle East an increasing number of important contracts must be framed in accordance with the Shari'a. Moreover various factors have helped to create among Muslims a more acute sense of an original Islamic identity & a collective feeling that Shari's should govern their lives not only with regard to personal & family matters but also as a valid & reasonable corpus of commercial & civil laws. The ban on taking interest (riba) & the rejection of chance contracts (gharar) are two features of an Islamic law of contract which contrast with the secular man-made legal systems of the West. This book is concerned with these two Islamic Prohibitory rules & with the interest-free banking system which has developed therefrom. This is a new enlarged edition where the comparative examination of the topics of the book is updated & furthermore extended to cover the Shi'a Ja'fari fiqh. As a result all aspects are examined in the light of the teachings of the four Sunni schools -which hold authority in the Arab states & in Pakistan -of the Ibadis strongly present in Oman & of the Shi'a Ja'faris prevalent in Iran & largely present in Iraq, Bahrein, Kuweit & Lebanon. The new edition will confirm the use of the initial one as a text book with a particular appeal to academics & practising lawyers. It also provides an insight into the religious & idealogical foundations claimed by Islamic banking.

Author : Susan E. Rayner
Publisher : Unknown
Page : 445 pages
File Size : 44,5 Mb
Release : 1991
Category : Electronic
ISBN : 1853334146

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The Theory of Contracts in Islamic Law by Susan E. Rayner Pdf

Author : Comair-Obeid
Publisher : BRILL
Page : 255 pages
File Size : 54,7 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004634909

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The Law of Business Contracts in the Arab Middle East by Comair-Obeid Pdf

This book is a basic treatise for those practising and arbitrating in the legal and commercial aspects of business in Middle East Countries. It examines the influence of traditional Islamic law on modern legislation as it affects trade, contracting, banking and financial operations. This book is highly topical and serves the needs of academics, of legal practitioners and of contractors.

Author : Laila Al-Zwaini,Ruud Peters
Publisher : BRILL
Page : 252 pages
File Size : 51,8 Mb
Release : 2021-12-06
Category : Reference
ISBN : 9789004492660

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A Bibliography of Islamic Law, 1980-1993 by Laila Al-Zwaini,Ruud Peters Pdf

This bibliography offers a new and indispensable tool for both researchers and practitioners in the field of Islamic law. It supplements the bibliographies published by Joseph Schacht (1964) and John Makdisi (1987) and includes some 1,600 Western-language publications which have appeared between 1980 and 1993. It contains a general and a regional section. With regard to the latter, the main focus is on the Middle East (including Afghanistan and North Africa), although publications in South and Southeast Asia have also been included. In order to facilitate its use, an authors' index and a subject index have been added.

Author : Richard Price,Essam Al Tamimi
Publisher : BRILL
Page : 428 pages
File Size : 41,9 Mb
Release : 2004-12-01
Category : Law
ISBN : 9789047414629

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United Arab Emirates Court of Cassation Judgments 1998 - 2003 by Richard Price,Essam Al Tamimi Pdf

United Arab Emirates Court of Cassation Judgments provides, for the first time in any language, summaries of key decisions of the Courts of Cassation (Supreme Courts) of Dubai and Abu Dhabi in the United Arab Emirates from 1998 - 2003. These decisions concern questions of jurisdiction, conflict of laws, banking, insurance, maritime law, arbitration and commerce in general and will be of major relevance and interest to all entities (and their legal advisors) doing business in and with the United Arab Emirates. The essence of each decision is first set out in a few lines and then explained in more detail, though still in a summarized format that is readily assimilable by the businessman as well as the lawyer. The book does much to reveal the workings, attitudes and jurisprudence of the United Arab Emirates Courts, an area often of mystery to businessmen.

Author : Anver M. Emon,Rumee Ahmed
Publisher : Oxford University Press
Page : 1000 pages
File Size : 51,5 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780191668258

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The Oxford Handbook of Islamic Law by Anver M. Emon,Rumee Ahmed Pdf

This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.

Author : Peri Bearman
Publisher : Routledge
Page : 360 pages
File Size : 46,6 Mb
Release : 2016-03-16
Category : Religion
ISBN : 9781317043065

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The Ashgate Research Companion to Islamic Law by Peri Bearman Pdf

This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Author : Hussain Mohi-ud-Din Qadri,Nasir Iqbal
Publisher : Routledge
Page : 214 pages
File Size : 54,6 Mb
Release : 2021-06-30
Category : Business & Economics
ISBN : 9781000406368

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Islamic Financial Contracts by Hussain Mohi-ud-Din Qadri,Nasir Iqbal Pdf

Islam encourages business and financial transactions as a way of securing the basic needs for all human beings, but these need to be conducted in accordance with the principles contained in the Qur’ān and Sunnah. However, these legal concepts are not classified subject-wise, and the verses on commercial law, like all other topics, are scattered throughout the Qur’ān, making it difficult for readers to gain a full understanding of the topic. This, therefore, is the first comprehensive book to demystify Islamic contract law and specifically Islamic financial contracts, and to examine its roots and history. The book is written in a clear style to allow for a greater understanding of the more challenging and misunderstood areas pertaining to Islamic business and financial contracts. It also contributes a series of chapters which address the market niche and need, concerning Shariah compliance for Islamic financial products and services. The book is divided into 16 chapters in order to provide a holistic and thorough overview of Islamic law of contract. It covers the objections and misconceptions surrounding Islamic business and financial contracts. It also includes the key features and guiding principles of Islamic law of contract and offers technical know-how, illustrating the concept of formation of a contract, as well as the essential elements of a valid contract. The authors also offer a discussion on the system of options under Islamic business and financial contracts and potential solutions to breach of contracts. The book will serve as a handy reference for scholars and students of Islamic business and finance and Islamic commercial law and will also be beneficial for practitioners as well as legal and judicial officers. It will open new doors for further research in the field of Islamic financial contracts.

Author : Nathalie Najjar
Publisher : BRILL
Page : 1340 pages
File Size : 41,6 Mb
Release : 2017-10-30
Category : Law
ISBN : 9789004357488

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Arbitration and International Trade in the Arab Countries by Nathalie Najjar Pdf

Arbitration and International Trade in the Arab Countries examines international trade arbitration in the MENA region and analyses legal sources, decisions and practices through the prism of freedom and safety requirements. The work is an essential guide to the body of arbitration law at both the practical and theoretical levels.

Author : Anthea Roberts,Paul B. Stephan,Pierre-Hugues Verdier,Mila Versteeg
Publisher : Oxford University Press
Page : 641 pages
File Size : 40,7 Mb
Release : 2018
Category : Law
ISBN : 9780190697570

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Comparative International Law by Anthea Roberts,Paul B. Stephan,Pierre-Hugues Verdier,Mila Versteeg Pdf

"The chapters of this volume were presented at the twenty-seventh and twenty-eighth Sokol Colloquia on Private International Law, held at the University of Virginia School of Law in September 2014 and September 2015." -- Acknowledgments, p. [xi].

Author : Mona Samadi
Publisher : BRILL
Page : 234 pages
File Size : 52,5 Mb
Release : 2021-05-25
Category : Law
ISBN : 9789004446953

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Advancing the Legal Status of Women in Islamic Law by Mona Samadi Pdf

Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.

Author : Vicente, Dário M.
Publisher : Edward Elgar Publishing
Page : 496 pages
File Size : 44,6 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781789905816

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Comparative Law of Obligations by Vicente, Dário M. Pdf

This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.

Author : Tala Abu-Ghazaleh
Publisher : BRILL
Page : 1042 pages
File Size : 43,7 Mb
Release : 2021-11-29
Category : Law
ISBN : 9789004502963

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Intellectual Property Laws of the Arab Countries by Tala Abu-Ghazaleh Pdf

This first-time-ever compilation on the protection and enforcement of intellectual property rights reveals that the Arab countries of the Middle East and North Africa meet international standards in the legal protection of copyrights, patents, trademarks, and integrated circuit design. For each of seventeen Arab countries (plus Palestine and the Gulf Cooperation Council), Intellectual Property Laws of the Arab Countries gives transnational businesses and their counsel complete details in such areas of practice as the following: eligibility for protection; registration and renewal procedures; dispute resolution; succesion of rights; enforcement of penalties for infringement; and administrative and judicial remedies.

Author : Alfitri
Publisher : Routledge
Page : 305 pages
File Size : 50,5 Mb
Release : 2022-04-07
Category : Social Science
ISBN : 9781000570403

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Islamic Law and Society in Indonesia by Alfitri Pdf

No corporation is enthusiastic about paying tax, yet Islamic banks in Indonesia voluntarily pay corporate zakat. Why? The book analyzes corporate zakat norms and practices in Indonesia by investigating how Muslim jurists have interpreted sharīʿa of zakat and how these have been imposed through the legislative and regulatory framework. It also presents original case studies based on sociolegal field research on the reception of the new obligations in the Islamic banks that choose to pay – and choose not to pay – what is effectively a new tax. The book argues that the dynamics of sharīʿa interpretation, imposition, and compliance in Indonesia are too complex to be defined using the binaries of the religious versus the secular, public versus private, or tradition versus modernity. The corporate zakat context has revitalized the existing governance strategy in Islamic legal tradition and created a shared Islamic law vision between Islam and the state. Consequently, this fusion generates a mixed legal and religious consciousness toward corporate zakat. Addressing broader discussions on Islamic law and modernity, the book will be of interest to academics working on Asian and Comparative Law, sociolegal studies, anthropology of Indonesia, business studies of the Islamic world, Islamic/sharīʿa economics, Islamic law and politics, Islamic legal studies, Muslim society and Islam in Southeast Asia.

Author : Lu’ayy Minwer Al-Rimawi
Publisher : Kluwer Law International B.V.
Page : 356 pages
File Size : 50,6 Mb
Release : 2012-02-01
Category : Law
ISBN : 9789041141927

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Raising Capital on Arab Equity Markets by Lu’ayy Minwer Al-Rimawi Pdf

This first book of its kind discusses in particular the role of investor protection as regards disclosure when issuers are offering securities to the public, with full descriptions of the securities markets and stock exchanges in seventeen Arab jurisdictions. In two interrelated parts it examines both the regional macroeconomic matrix and a detailed case study (that of Jordan) in order to analyse the development and characteristics of an Arab regulatory model. Among the important issues and topics arising in the course of the analysis are the following: relevance of international regulatory standards to Arab securities markets; mandatory versus voluntary securities disclosure; the fundamentals of the Islamic financial system, role of riba and gharar, nature and impact of Shari’a’s unquantifiable juridical risks on the modus operandi of Arab securities markets; macroeconomic adjustment policies and structural adjustment programmes in several Arab countries; recent economic and Arab capital markets impact in the wake of the ‘Arab Spring’; extent of different countries’ reliance on Shari’a as a constitutional source; constitutional challenges to the imposition of interest; the need for the positive law to compel securities disclosure under Shari’a; shareholders’ remedies when suing for fraud or negligent misstatements; liability for misleading or inaccurate disclosure (under the general law of the UK and a selected Arab jurisdiction); prospectus liability under the statutory regime of the UK and an Arab regulatory regime; bars to rescission of contract: Comparative UK and Shari'a aspects; and Arab, UK regulatory agencies' enforcement, prosecutorial, administrative and civil remedies. The author closely examines various instruments deployed for conveying securities disclosure and dissemination of information, and looks extensively at relevant rulings as enunciated by an Arab court of cassation. He then constructs a model of an effective securities disclosure regime in order to provide better investor protection for shareholders under Shari’a. 'Among the strengths of Dr Lu’ayy Minwer Al-Rimawi’s book is the fact that at all times he adopts a comparative approach, not only as between different Arab systems, but also with an appreciation of the legal position in the UK and the European Union and elsewhere’ [The Hon. Mr Justice Sir William Blair Q.C., High Court Judge in the UK and Chairman of the Qatar Financial Centre Regulatory Tribunal]. As the first in-depth discussion of the regulation of Arab capital markets in English, with an eye to international standards and the policy issues involved – and with attention focused on the central question of how the law can properly protect investors – this book will commend itself to all those with an interest in securities markets in the Arab world.