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The Islamic Law of Personal Status
This new edition of the authoritative English-language treatment of Islamic personal status law gives practitioners and courts throughout the world direct access to this important body of law in its most up-to-date development. All Middle Eastern and North African Arab states are covered; new to this edition is coverage of recent provisions enacted in Kuwait, Yemen, and Sudan. The chapter on dissolution of marriage has been completely revised to reflect current legal interpretation and judicial practice in this rapidly changing area of Islamic law. Also new and especially valuable are English versions, for the first time anywhere, of fundamental Shiite and Jaafari legal works with the most t...
The Status of Women Under Islamic Law and Modern Islamic Legislation
There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fi lls an important gap left by recent and more general publications on Islamic law.
Muslim Laws, Politics and Society in Modern Nation States
Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.
United Arab Emirates Court of Cassation Judgments 1989 - 1997
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 1989 to 1997. 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.
The Islamic Law of Personal Status
This huge piece of legislation promulgated in September 1993 represents the culmination of a major project aimed at producing comprehensive unified regulation of all areas of commercial activity. In the introductory chapter to the law, which concerns its application, it is stipulated that commercial matters with regard to which specific federal laws are promulgated shall be subject to the provisions of these laws & to such provisions of the present law as do not conflict with them (Article 3). The main body of the law commences with definitions of what constitutes commercial activity: these persons who shall be deemed to be traders, & the conditions of eligibility to engage in trade. It sets...
Arbitral Awards of the Cairo Regional Centre for International Commercial Arbitration - Arbitral Awards of CRCICA Volume 2 (1997-2000)
The cases are edited and translated by the prominent legal scholar, arbitrator and lawyer Dr. Mohie Eldin I. Alam-Eldin. His in-depth commentary on the thirty-four cases included in this volume encompasses discussion of emerging new arbitral trends and principles, such as the alter ego and contra preferentum doctrines, and new approaches to arbitration engendered by the ever-growing and changing practises and patterns of internatuional trade. He also analyses many of the new issues raised by the decisions of the court of appeal in cases where arbitral awards proved unsatisfactory. Many of these court of appeal decisions are included in the text, as are relevant decisions of the Supreme Court...
Islamic Law of Personal Status
This huge piece of legislation promulgated in September 1993 represents the culmination of a major project aimed at producing comprehensive unified regulation of all areas of commercial activity. In the introductory chapter to the law, which concerns its application, it is stipulated that commercial matters with regard to which specific federal laws are promulgated shall be subject to the provisions of these laws & to such provisions of the present law as do not conflict with them (Article 3). The main body of the law commences with definitions of what constitutes commercial activity: these persons who shall be deemed to be traders, & the conditions of eligibility to engage in trade. It sets...
An Introduction to Islamic Finance
Although the principles of Shari'ah require banks and financial institutions to be structured on an interest-free basis, this does not mean that such institutions are charitable concerns. As long as a person advancing money expects to share in the profits earned (or losses incurred) by the other party, a stipulated proportion of profit is legitimate. The philosophy is enshrined in the traditional Islamic concepts of musharakah and mudarabah, along with their specialized modern variants murabahah, ijarah, salam, and istisna'. This guide to Islamic finance clearly delineates the all-important distinctions between Islamic practices and conventional procedures based on interest. Justice Usmani o...
Studies in Modern Islamic Law and Jurisprudence
This book shows 19th and 20th century Islamic Law as a dynamic process casting its net into the 21th century and shaping of major constitutional and legal developments in the Arab and Muslim worlds. The introduction and nine chapters of this volume provide insight into the ongoing transformation of the Shari'a into the law of a nation-state. The book contains studies on Marriage and Divorce, Contract Law in the new Civil Codes of Egypt, Iraq and Syria; the ideological springs of Muhammed 'Abduh's visionary program for the reconstruction of Shari'a, the place of Islamic law in the judicial doctrine and policy of the Egyptian State and Legal Capacity.
Legal Pluralism in the Arab World
Legal pluralism: Ziad Bahaa-Eldin.
