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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 ...

Islamic Law in Africa

A survey of the extent to which Islamic law is applied in those parts of East and West Africa which were at one time under British administration.

A survey of the extent to which Islamic law is applied in those parts of East and West Africa which were at one time under British administration.

Islamic Family Law in a Changing World

A Global Resource Book

In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.

... Law in the Arab World : Courts in Egypt and the Gulf , Cambridge : Cambridge University Press . El Alami , D. S. ( 1992 ) The Marriage Contract and Islamic Law in the Shari'ah and Personal Status Laws of Egypt and Morocco , London ...

Perspectives on Islamic Law, Justice, and Society

This book provides an accessible introductory discussion of issues in Islamic law, justice, and society. At the center of the volume is a discussion of some interrelated theological, historical, legal, and practical issues facing Islamic law in such different countries and regions as Algeria, Morocco, South Africa, and South Asia. This will be a valuable book for students and scholars of Middle Eastern studies, law, and history.

R. S. Khare This volume reorganizes and revises an earlier publication)
published over a decade ago, to provide accessible interdisciplinary readings on
some issues in Islamic law, justice, and society. Since Islamic law and society
constitute ...

Intent in Islamic Law

Motive and Meaning in Medieval Sunnī Fiqh

This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.

This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.

The Islamic Law & Constitution

This book provided by Islamkotob.com as public domain book to share Islamic knowledge.If you have benefited from the book please donate to the publisher using Bitcoin 1KabbwfAuLBCRYD8xGQkEvUkXCbpzBgvdR If you have any comments on published book contact info [at] islamkotob.com

I INTRODUCTION today is passing through one of its most crucial periods, In the
first half ol the twentieth century, a wide* spread revival of Islam has occurred.
The chains of political servitude have been broken at many a pltfoe and nearly ...

Islamic Imperial Law

Harun-Al-Rashid's Codification Project

Despite the historical and contemporary significance of the Sharia, it has not yet been possible to solve the puzzle of its origins. Whereas previous research has postulated a greater or lesser degree of endogenous Islamic development, the present study reaches a different conclusion, namely that at the end of the 8th century Muslim state lawyers in Baghdad codified an Islamic “Imperial Law”, oriented strongly towards Roman-Byzantine law. It is part of an Islamic-Byzantine context, and can only be explained against this intercultural background.

Abundance of Comparative Studies Although there is almost nobody to maintain
direct reception we find a considerable number of studies comparing Islamic law
with one of the pre-Islamic legal systems such as Jewish law, Sassanid law, ...

International Law and Islam

International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of International Law in a historical perspective.

International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of International Law in a historical perspective.

A Bibliography of Islamic Law

1980 - 1993

This bibliography contains some 1,600 Western-language publications on Islamic law which have appeared between 1980 and 1993.

CHAPTER FIVE : THEOLOGY AND LAW 108 . FIRMAGE , E . B . , B . G . Weiss , J
. W . WELCH , and OTHERS ( eds . ) , Religion and Law : Biblical - Judaic and
Islamic Perspectives . Winona Lake , IN : Eisenbrauns , 1990 . xii , 401 pp . 109 .