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The Formation of Islamic Law

Cover -- Half Title -- Title -- Copyright -- Contents -- Acknowledgements -- General Editor's Preface -- Introduction -- 1. The Arab Conquests and the Formation of Islamic Society -- 2. Pre-Islamic Background and Early Development of Jurisprudence -- 3. Foreign Elements in Ancient Islamic Law -- 4. The Birth-Hour of Muslim Law?: An Essay in Exegesis -- 5. Two Legal Problems Bearing on the Early History of the Qur'ān -- 6. Unconditional Manumission of Slaves in Early Islamic Law: A Ḥadīth Analysis -- 7. The Role of Non-Arab Converts in the Development of Early Islamic Law

The Arab Conquests and the Formation of Islamic Society -- 2. Pre-Islamic Background and Early Development of Jurisprudence -- 3. Foreign Elements in Ancient Islamic Law -- 4. The Birth-Hour of Muslim Law?: An Essay in Exegesis -- 5.

The Spirit of Islamic Law

The volume outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals - especially family relations and contracts - coupled with a concern to define the limits of governmental power.

The volume outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of ...

Islamic Law Practice and Procedure in Nigerian Courts

Islamic Law Practice and Procedure in Nigerian Courts is about the rules of practice, procedure and evidence in trials of civil and criminal cases before Area Courts, Sharia Courts, Upper Area Courts, Upper Sharia Courts, Sharia Courts of Appeal, Court of Appeal and indeed Supreme Court of Nigeria in matters concerning application of Islamic law and practice. The subject of the book is copiously elucidated for the first time with verity of dictas from the reported cases from superior courts in Nigeria. It is of nineteen chapters with a number of parts and paragraphs to make for easy application. The book is designed to ensure quick dispensation of justice without sacrificing the need for fair hearing. A must for judges, advocates and students of Islamic law and practice.

The subject of the book is copiously elucidated for the first time with verity of dictas from the reported cases from superior courts in Nigeria. It is of nineteen chapters with a number of parts and paragraphs to make for easy application.

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 out the requirements of accounting & record keeping which are obligatory for all traders. There is comprehensive legislation of a range of general commercial matters such as commercial houses, trade names, commercial data, commercial obligations & contracts, sale on deferred terms, sale at action, international sales, commercial pledges & deposits in public depositories. Following this there is detailed regulation of several of the most important specific areas of commercial activity including the different forms of commercial agency, commercial representation, brokerage & carriage of goods & persons. The large section of banking operations is systematic & exhaustive, as is the regulation of actions & transactions involving commercial & financial documents. The last section deals with bankruptcy, composition to avert bankruptcy, the procedures & administration of bankruptcy & its consequences. Article 196 states that the establishment of a Stock Exchange will be subject to the agreement of the Council of Ministers & promulgation of a Federal Law regulating the activity of the Exchange. The Law is presented in a comprehensive & consistent manner & is clear & accessible. An invaluable reference to all those who have business interests in or with the United Arab Emirates.

Although the Islamic law courts, known as the Sharia Courts, have been
abolished as a separate entity in Egypt and Tunisia, the original Islamic law,
known simply as Sharia, is still applicable in its entirety in the Arabian Peninsula.
It is Sharia ...

Yearbook of Islamic and Middle Eastern Law

2001-2002

The Yearbook of Islamic and Middle Eastern Law is the flagship publication of the Centre of Islamic and Middle Eastern Law (CIMEL) of the school of Oriental and African Studies (SOAS) in London. It is increasingly regarded as the leading international forum for commentary on, and analysis of, emerging issues in a field of study of everincreasing global significance. There is no more useful and thorough pricis of what has happened in Islamic and Middle Eastern law over the last year. With Volume 8 -and the advent of Martin Lau as co-editor with Eugene Cotran- the Yearbook begins an expansion of its purview into non-Arab Islamic countries, beginning in this volume with essays covering issues in Afghanistan and Kenya. The Yearbook will continue to be an authorative source of insightful commentary and scholarship on relevant developments wherever the influence of Islamic law is felt.

The Promissory Theory of Contracts in Islamic Law Hussein Hassan * 1
INTRODUCTION The conception of “ contract as promise ” or what is sometimes
called the promise theory of contract dominates mainstream contract theory .
According to ...

Islamic Law in Palestine and Israel

A History of the Survival of Tanzimat and Sharīʻa in the British Mandate and the Jewish State

These were the Ottoman Law of Family Rights ( OLFR ) and the Ottoman Law of
Procedure for Sharīéa Courts ( OLPSC ) . The Muslim Religious community , no
longer the religious norm , had already been reduced to majority status among ...