148 research outputs found
Encounters between legal systems: recent cases concerning Islamic commercial law in secular courts
No full textNicholas H.D. Foster, School of Law, School of Oriental and African Studies, University of London considers questions concerning Islamic law, including its suitability for the modern commercial world and the appropriateness of western-style courts for enforcement of the shari'a. An article published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, University of London)
Islamic Perspectives on the Law of Business Organisations II: The Sharia and Western-style Business Organisations
No full textRecent events and trends have led to an increased awareness of the importance of Islamic law and a more widespread interest in the subject. However, many areas remain inaccessible and have received relatively little scholarly attention. One such is the law of business associations. The aim of this and a previous article (‘the first article’) is to alleviate this situation somewhat, providing a critical overview and facilitating further research. The first article contained an overview of the classical sharia, looking at three Sunni schools by way of example, plus a comparison with Western concepts. This article considers the replacement of the sharia regimes by Western-style law and the interaction of the sharia with Western-style law
Islamic Perspectives on the Law of Business Organisations I: An Overview of the Classical Sharia and a Brief Comparison of the Sharia Regimes with Western-Style Law
No full textRecent events and trends have led to an increased awareness of the importance of Islamic law and a more widespread interest in the subject. However, many areas remain relatively inaccessible, including the law of business associations. The aim of this and a subsequent article is to alleviate this situation somewhat by providing a general introduction to Islamic perspectives on this area.This article provides an overview of the classical sharia, looking at three Sunni schools by way of example, plus a brief comparison with Western-style law. The second article will consider the replacement of the sharia regimes in the Middle East and the interaction of the sharia with Western-style law in Muslim-majority jurisdictions and elsewhere
Challenges in the Study of Ancient Legal Influence
No full textReview of:
Gideon Libson, Jewish and Islamic Law. A Comparative Study of Custom during the Geonic Period (Islamic Legal Studies Program, Harvard Law School), Cambridge, MA: Harvard University Press 2003, xi, 367 p., ISBN 0-674-01106-
Key Ideas in Islamic Law
No full textReview of:
Wael B. Hallaq, The Origins and Evolution of Islamic Law, Cambridge, New York: Cambridge University Press 2004, ix, 246 pp., ISBN 0-521-80332-
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