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Berkeley Journal of Middle Eastern & Islamic Law

those concepts that arise from Islam. Id. at 201. Kamali argues that the
differences are based secular versus religious perspectives. For example, he
states that as a religion, Islam is primarily concerned with the relationships
between people; ...

Strengthening Relations with Arab and Islamic Countries Through International Law:E-Commerce, the WTO Dispute Settlement Mechanism, and Foreign Investment: Papers Emanating from the Fourth PCA International Law Seminar, October 12, 2001

Are the WTO Agreements and dispute settlement procedures consistent with Islamic (Shari'a) law principles and norms of justice? How can a foreign investor in a Muslim country comply with the financial tenets of Shari'a? Will Arab and Islamic countries continue to lag behind much of the world in e-commerce, or can e-commerce be integrated with traditional business methods as an engine of economic growth? Experts examine these and other issues from their unique perspectives in this fourth volume in The Permanent Court of Arbitration/Peace Palace Papers series, which reproduces the work of the Fourth International Law Seminar held at the Peace Palace on October 12, 2001. The Seminar, organized jointly by the Permanent Court of Arbitration and the Arab Union of International Arbitration, focused on strengthening relations with Arab and Islamic countries. In the papers presented here, the authors point out that not only is free and liberal trade deeply rooted in the culture of Islam, Shari'a urges the accommodation of all kinds of knowledge, including the technological environment necessary for e-commerce. They point the way to full participation by Arab and Islamic countries in the world economic community. This work focuses on strengthening relations with Arab and Islamic countries in three specific areas: electronic commerce, the World Trade Organization's dispute settlement mechanisms and foreign investment. Contributors come from the Middle East, Europe and North America and offer a diversity of perspectives on strengthening relations with Arab and Islamic countries. This book will be of interest to international organizations, corporate counsel, international lawyers and business people, as well as to students of international law and Islamic law.

Most notable here is domestic capacity for e - banking . As yet , most Arab countries still lack a well - integrated and digitized banking network , which is essential for smooth e - commerce operation .

The Sacred Law of Islam

A Case Study of Women's Treatment in the Islamic Republic of Iran's Criminal Justice System

Islam’s Sacred Law is one of the most complex, detailed and comprehensive legal theories that Islam, as a Western religion, has produced in its capacity as a doctrine of social justice. However, few available texts have dealt with the treatment of women under the actual system of justice that adheres to Islam’s Sacred Law. This book fills this void by providing a much needed comprehensive study of the application of the Sacred Law to women under the Islamic Republic of Iran’s justice system. It will be a fascinating guide to all those interested in comparative law, criminal justice and the sociology of law.

This book fills this void by providing a much needed comprehensive study of the application of the Sacred Law to women under the Islamic Republic of Iran’s justice system.

Religious Minorities, Islam and the Law

International Human Rights and Islamic Law in Indonesia

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam.

Islamic Law

He emphasized on the purpose of law . According to him , law cannot properly be
understood without reference to its specific purpose . Considering it as an
enterprise subjecting human conducts to the guidance of rules sees the general ...

Encyclopaedia of Islamic Law: Foundations of Islamic law

Smith , M . : Readings from the Mystics of Islam , MacMillan & Co . , London ,
1950 . Stanton , S . : Teaching of the Quran , Discovery Publishing House , New
Delhi , 1989 . Stobart , J . W . H . : Islam and its Founders , Uppal Publishing
House ...

The Theory of Contracts in Islamic Law

A Comparative Analysis with Particular Reference to the Modern Legislation in Kuwait, Bahrain, and the United Arab Emirates

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.

1986) pp.239-241 Haberbeck, Andreas, 'Risk Sharing in an Islamic Society', Arab
Law Quarterly, 2 (2) (May 1987) p. 138 et seq. Hakima, Ahmad Mustafa Abu, The
Modern History of Kuwait : 1750-1965, (London, 1983) Hall, Marjorie J., (Ed.) ...

Islamic Legal Philosophy and the Qurʼānic Origins of the Islamic Law

A Legal-historical Approach

THE BOOK Law in Islam is an integral part of Revelation . It is a sensitive
barometer of Islamic culture . The four Schools of Fiqh ( Jurisprudence ) are the
revealing mirrors of the legal culture of Islam . God , being the Creator and the
Sustainer ...