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Islamic Law and Finance

Religion, Risk, and Return

Mirroring the expansion of wealth in the Middle East and Asia and a surge in Islamic self-identity, Islamic banking practices have either become the law of the land or coexist and compete with Western practices in at least six countries. A growing number of institutions and mutual funds (akin to Western ''socially responsible'' funds) have established Islamic investment and other practices to cater to this burgeoning market. Because of its prevalence, practitioners in every banking-related area must familiarize themselves with current Islamic finance practices in order to do business with Muslim clients and to engage in cross-border financing. Injunctions from the "Qur'an and the sayings of Prophet Muhammed have generated a web of interrelated norms which prohibit Islamic financiers from engaging in transactions that involve interest "(riba) and speculation "(gharar). "Islamic Law and Finance describes the dynamic set of Islamically-sanctioned ways financiers can transacat business.

But the Islamic banking and finance industry vehemently rejects such attempts,
since that industry is built, as noted above, on the idea of applying the classical
law, not replacing it. THE CONTEXT FOR ISLAMIC LEGAL DEVELOPMENTS IN
 ...

Religion and International Law

One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.

A Survey of Islamic International Law In its relations with the rest of the world ,
historical Islam has passed through three stages of unequal duration . We may
call them the age of expansion , the age of interaction and the age of coexistence
.

The Spirit of Islamic Law

Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.

Focuses on a Muslim legal science known in Arabic as usul al-fiqh.

Islamic Law and the Law of Armed Conflict

The Conflict in Pakistan

Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.

Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law.

Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law

With the end of the early Islamic period, Muslim scholars came to sense that a rift had begun to emerge between the teachings and principles of Islam and Muslims’ daily reality and practices. The most important means by which scholars sought to restore the intimate contact between Muslims and the Qur’an was to study the objectives of Islam, the causes behind Islamic legal rulings and the intentions and goals underlying the Shari'ah, or Islamic Law. They made it clear that every legal ruling in Islam has a function which it performs, an aim which it realizes, a cause, be it explicit or implicit, and an intention which it seeks to fulfill, and all of this in order to realize benefit to human beings or to ward off harm or corruption. They showed how these intentions, and higher objectives might at times be contained explicitly in the texts of the Qur’an and the Sunnah, while at other times, scholars might bring them to light by means of independent reasoning based on their understanding of the Qur’an and the Sunnah within a framework of time and space. This book represents a pioneering contribution presenting a comprehensive theory of the objectives of Islamic law in its various aspects, as well as a painstaking study of objectives-based thought as pioneered by the father of objectives-based jurisprudence, Imam Abu Ishaq al-Shatibi; in addition, the author presents us with an important study of al-Shatibi himself which offers a wealth of new, beneficial information about the life, thought and method of this venerable man.

... underlie the Shari˓ah, or Islamic Law. They made it clear that every legal
ruling in Islam has a function which it performs, an aim which it realizes, a cause,
be it explicit or implicit, and an intention which it seeks to fulfill, and all of this in
order ...

Research Handbook on International Human Rights Law

This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.

Islam and the realization of human rights in the Muslim world* Mashood A
Baderin 1 Islam and human rights in the Muslim world The discourse about the
relationship between Islam and human rights in the Muslim world has been
diverse and ...

The Concept of Territory in Islamic Law and Thought

This edited volume analyses the concepts of territory as conceived of and developed in Islamic history. In legal terms the world is divided into two parts, the "dar al-Islam" governed by the Islamic "shari'a" and the "dar al-harb" which is beyond the border of "dar al-Islam." The work explores the central question of what the concepts of territory and border were like for those Muslims who were driven by their will to expand the "dar al-Islam," those who experienced vicissitudes in the course of history, or who were inspired with mystical feelings.

This edited volume analyses the concepts of territory as conceived of and developed in Islamic history.

Religion, Law, and Learning in Classical Islam

This second selection of articles by George Makdisi concentrates on the schools of religious thought and legal learning in the medieval Islamic world and their defence of orthodoxy. The author aims to review and re-assess the implications of the conflict between, first, the rationalist and the traditional theologians (the one accepting the influence of Greek philosophy, the other rejecting it), and then between one of these traditionalist schools - the Hanbali school of law - and Sufi mysticism. One of the most important consequences of the first of these confrontations, he contends, was the emergence of the schools of law as the guardians of the faith and theological orthodoxy.

This second selection of articles by George Makdisi concentrates on the schools of religious thought and legal learning in the medieval Islamic world and their defence of orthodoxy.

Balancing Religion and Finance. Did Islamic Finance overcome possible difficulties that the Islamic law posed on conventional finance?

Bachelor Thesis from the year 2016 in the subject Economics - History, grade: 1,3, University of Mannheim (Fakultät der Rechtswissenschaften und VWL), language: English, abstract: Since the mid-1970s, an industry growing at considerable pace in the Islamic world is gaining market shares all over the world in countries with sufficient Muslim populations. This “Islamic Finance” industry claims to act in line with the ethical and practical principles set forth in the Qu'ran and the Shari'ah, thus appealing to Muslim and non-Muslim clients alike who search for viable alternatives to conventional financial products. As explained, the first beginnings of this phenomenon can be traced well back into the 1970s when the first “Islamic Banks” started operating in Egypt and Jordan. In the past decades, a vast amount of research has been published – empirical and theoretical – to review the impacts of Islamic Finance on the financial markets of the Islamic world. These works, to a great deal inspired by the enormous need of the industry for quantitative and qualitative research, all dealt with questions of comparative efficiency of conventional and Islamic Finance, the demand for Shari'ah-compliant financial products, the actual genuineness, or authenticity, of the industry, etc. However, only a very small portion of these research works dealt with the question whether or not the Islamic world actually needs Islamic Finance. At first, this might seem as a trivial question (if there was no need for Islamic Finance, there would not have been this substantial growth). But at second thought, one realizes the associations that come which come with the question of raison d'être: Why did Islamic Finance emerge? Does it add an economic value to its markets? And most importantly, is it – so far – successfully reaching its goals? To my understanding, the works that deal with this big-picture analysis, are thin on the ground. Therefore, this work shall take a first step at putting Islamic Finance into the historical context it needs to be seen in, by compiling the manifold works into a cross-sectional approach to characterize the industry. The most salient aspects of the analysis here will be legal, historical, and economic ones, in order to grasp the 'big picture' of Islamic Finance.

Since the mid-1970s, an industry growing at considerable pace in the Islamic
world is gaining market shares all over the world in countries with sufficient
Muslim populations. This “Islamic Finance” industry claims to act in line with the
ethical ...

The Formation of Islamic Law

The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.

The fourteen studies included in this volume have been chosen to serve several purposes simultaneously.