A History of the Application of Islamic Law in Nigeria

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Author: Yushau Sodiq

Publisher: Springer

ISBN: 3319506005

Category: Religion

Page: 202

View: 7331

This work analyzes the history of the application of Islamic law (Shari`ah) in Nigeria. It analyzes how Islamic law emerged in Nigeria toward the beginning of the 19th century and remained applicable until the arrival of the British Colonial regime in Northern Nigeria in 1903. It sheds light on how the law survived colonial rule and continues until today. Dr. Yushau Sodiq analyzes progressive elements in Islamic law over the past two centuries. He goes on to discuss many objections raised by the Nigerian Christians against the application of Islamic law, as well as how Muslims respond to such criticism. In a world that is often saturated with Islamophobia and ignorant misconceptions about Islam, this book aims to clarify and respond to many important concepts and ideas within Islamic religious tradition.

A History of the Application of Islamic Law in Nigeria

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Author: Yushau Sodiq

Publisher: Palgrave Macmillan

ISBN: 9783319505992

Category: Religion

Page: 168

View: 6979

This work analyzes the history of the application of Islamic law (Shari`ah) in Nigeria. It analyzes how Islamic law emerged in Nigeria toward the beginning of the 19th century and remained applicable until the arrival of the British Colonial regime in Northern Nigeria in 1903. It sheds light on how the law survived colonial rule and continues until today. Dr. Yushau Sodiq analyzes progressive elements in Islamic law over the past two centuries. He goes on to discuss many objections raised by the Nigerian Christians against the application of Islamic law, as well as how Muslims respond to such criticism. In a world that is often saturated with Islamophobia and ignorant misconceptions about Islam, this book aims to clarify and respond to many important concepts and ideas within Islamic religious tradition.

Islamic Law and Society in Iran

A Social History of Qajar Tehran

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Author: Nobuaki Kondo

Publisher: Taylor & Francis

ISBN: 135178319X

Category: Political Science

Page: 240

View: 8493

The relationship between Islamic law and society is an important issue in Iran under the Islamic Republic. Although Islamic law was a pivotal element in the traditional Iranian society, no comprehensive research has been made until today. This is because modern reformers emphasized the lack of rule of law in nineteenth-century Iran. However, a legal system did exist, and Islamic law was a substantial part of it. This is the first book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society. The judicial system, sharia court, and religious endowments (vaqf) are fully discussed, and the role of ‘ulama as legal experts is highlighted throughout the book. It challenges nationalist and modernist views on nineteenth-century Iran and provides a unique model in terms of the relationship between Islamic law and society, which is rather different from the Ottoman case. Providing an understanding of this legal system in Iran and its role in society, this book offers a basis for assessing the motives and results of modern reforms as well as the modernist discourse. This book will be of interest to students of Middle Eastern and Iranian Studies.

Shari'ah on Trial

Northern Nigeria's Islamic Revolution

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Author: Sarah Eltantawi

Publisher: Univ of California Press

ISBN: 0520293770

Category: Law

Page: 272

View: 585

In November of 1999, Nigerians took to the streets demanding the re-implementation of shari'ah law in their country. Two years later, many Nigerians supported the death sentence by stoning of a peasant woman for alleged sexual misconduct. Public outcry in the West was met with assurances to the Western public: stoning is not a part of Islam; stoning happens "only in Africa"; reports of stoning are exaggerated by Western sensationalism. However, none of these statements are true. Shari'ah on Trial goes beyond journalistic headlines and liberal pieties to give a powerful account of how Northern Nigerians reached a point of such desperation that they demanded the return of the strictest possible shari'ah law. Sarah Eltantawi analyzes changing conceptions of Islamic theology and practice as well as Muslim and British interactions dating back to the colonial period to explain the resurgence of shari'ah, with implications for Muslim-majority countries around the world.

Crime and Punishment in Islamic Law

Theory and Practice from the Sixteenth to the Twenty-First Century

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Author: Rudolph Peters

Publisher: Cambridge University Press

ISBN: 9780521792264

Category: History

Page: 219

View: 5219

Rudolph Peters' book, first published in 2006, is about crimes and their punishments as laid down in Islamic law. In recent years some of the more fundamentalist regimes, such as those of Iran, Pakistan, Sudan and the northern states of Nigeria have reintroduced Islamic law in place of western criminal codes. Peters gives a detailed account of the classical doctrine and traces the enforcement of criminal law from the Ottoman period to the present day. The accounts of actual cases which range from theft, banditry, murder, fornication and apostasy shed light on the complexities of the law, and the sensitivity and perspicacity of the qadis who implemented it. This is the first single-authored account of both the theory and practice of Islamic criminal law. It will be invaluable for students, and scholars in the field, as well as for professionals looking for comprehensive coverage of the topic.

The Ashgate Research Companion to Islamic Law

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Author: Peri Bearman,Professor Rudolph Peters

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472403711

Category: Religion

Page: 356

View: 2354

This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Women and Sharia Law in Northern Indonesia

Local Women's NGOs and the Reform of Islamic Law in Aceh

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Author: Dina Afrianty

Publisher: Routledge

ISBN: 1317592492

Category: Social Science

Page: 202

View: 6747

This book examines the life of women in the Indonesian province of Aceh, where Islamic law was introduced in 1999. It outlines how women have had to face the formalisation of conservative understandings of sharia law in regulations and new state institutions over the last decade or so, how they have responded to this, forming non-governmental organisations (NGOs) that have shaped local discourse on women’s rights, equality and status in Islam, and how these NGOs have strategised, demanded reform, and enabled Acehnese women to take active roles in influencing the processes of democratisation and Islamisation that are shaping the province. The book shows that although the formal introduction of Islamic law in Aceh has placed restrictions on women’s freedom, paradoxically it has not prevented them from engaging in public life. It argues that the democratisation of Indonesia, which allowed Islamisation to occur, continues to act as an important factor shaping Islamisation’s current trajectory; that the introduction of Islamic law has motivated women’s NGOs and other elements of civil society to become more involved in wider discussions about the future of sharia in Aceh; and that Indonesia’s recent decentralisation policy and growing local Islamism have enabled the emergence of different religious and local adat practices, which do not necessarily correspond to overall national trends.

Freedom of Religion, Apostasy and Islam

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Author: Abdullah Saeed

Publisher: Routledge

ISBN: 1351935747

Category: Religion

Page: 240

View: 318

Debate on freedom of religion as a human right takes place not only in the Western world but also in Muslim communities throughout the world. For Muslims concerned for this freedom, one of the major difficulties is the 'punishment for apostasy' - death for those who desert Islam. This book argues that the law of apostasy and its punishment by death in Islamic law is untenable in the modern period. Apostasy conflicts with a variety of foundation texts of Islam and with the current ethos of human rights, in particular the freedom to choose one's religion. Demonstrating the early development of the law of apostasy as largely a religio-political tool, the authors show the diversity of opinion among early Muslims on the punishment, highlighting the substantial ambiguities about what constitutes apostasy, the problematic nature of some of the key textual evidence on which the punishment of apostasy is based, and the neglect of a vast amount of clear Qur'anic texts in favour of freedom of religion in the construction of the law of apostasy. Examining the significant challenges the punishment of apostasy faces in the modern period inside and outside Muslim communities - exploring in particular how apostasy and its punishment is dealt with in a multi-religious Muslim majority country, Malaysia, and the challenges and difficulties it faces there - the authors discuss arguments by prominent Muslims today for an absolute freedom of religion and for discarding the punishment of apostasy.

Women and Leadership in Islamic Law

A Critical Analysis of Classical Legal Texts

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Author: David Solomon Jalajel

Publisher: Routledge

ISBN: 1317302737

Category: Religion

Page: 330

View: 5176

Islamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community. ‘Women and Leadership in Islamic Law’ examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was a complex process, shaped by numerous cultural, historical, political and social factors, as well as scriptural sources whose importance cannot be dismissed. Therefore, the book critically examines a broad survey of legal works from the four canonical Sunni schools of law to determine the factors that influenced the development of the legal rulings prohibiting women from assuming various leadership roles. The passages that elaborate rulings about women’s leadership are presented in translation as an appendix to the research, and are then subjected to a variety of critical analyses to identify the reasons, influences, and assumptions underlying those rulings. This is the first time works of all four schools of law have been subjected to this kind of analysis for the express purpose of determining the extent to which gender attitudes have influenced and determined the rulings. This book will therefore be a vital resource for students and scholars of Islamic Studies, Religious Studies and Gender Studies.

The Politics of Islam in the Sahel

Between Persuasion and Violence

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Author: Rahmane Idrissa

Publisher: Taylor & Francis

ISBN: 1351981978

Category: Political Science

Page: 290

View: 3261

‘Ideologies need enemies to thrive, religion does not’. Using the Sahel as a source of five comparative case studies, this volume aims to engage in the painstaking task of disentangling Islam from the political ideologies that have issued from its theologies to fight for governmental power and the transformation of society. While these ideologies tap into sources of religious legitimacy, the author shows that they are fundamentally secular or temporal enterprises, defined by confrontation with other political ideologies–both progressive and liberal–within the arena of nation states. Their objectives are the same as these other ideologies, i.e., to harness political power for changing national societies, and they resort to various methods of persuasion, until they break down into violence. The two driving questions of the book are, whence come these ideologies, and why do they–sometimes–result in violence? Ideologies of Salafi radicalism are at work in the five countries of the Sahel region, Burkina Faso, Mali, Niger, (Northern) Nigeria and Senegal, but violence has broken out only in Mali and Northern Nigeria. Using a theoretical framework of ideological development and methods of historical analysis, Idrissa traces the emergence of Salafi radicalism in each of these countries as a spark ignited by the shock between concurrent processes of Islamization and colonization in the 1940s. However, while the spark eventually ignited a blaze in Mali and Nigeria, it has only led to milder political heat in Niger and Senegal and has had no burning effect at all in Burkina Faso. By meticulously examining the development of Salafi radicalism ideologies over time in connection with developments in national politics in each of the countries, Idrissa arrives at compelling conclusions about these divergent outcomes. Given the many similarities between the countries studied, these divergences show, in particular, that history, the behaviour of state leaders and national sociologies matter–against assumptions of ‘natural’ contradictions between religion (Islam) and secularism or democracy. This volume offers a new perspective in discussions on ideology, which remains–as is shown here–the independent variable of many key contemporary political processes, either hidden in plain sight or disguised in a religious garb.

Legal Pluralism in Indonesia

Bridging the Unbridgeable

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Author: Ratno Lukito

Publisher: Routledge

ISBN: 0415673429

Category: Law

Page: 271

View: 4088

With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.

Eastern Rome and the Rise of Islam

History and Prophecy

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Author: Olof Heilo

Publisher: Routledge

ISBN: 1317326636

Category: History

Page: 150

View: 533

The emergence of Islam in the seventh century AD still polarises scholars who seek to separate religious truth from the historical reality with which it is associated. However, history and prophecy are not solely defined by positive evidence or apocalyptic truth, but by human subjects, who consider them to convey distinct messages and in turn make these messages meaningful to others. These messages are mutually interdependent, and analysed together provide new insights into history. It is by way of this concept that Olof Heilo presents the decline of the Eastern Roman Empire as a key to understanding the rise of Islam; two historical processes often perceived as distinct from one another. Eastern Rome and the Rise of Islam highlights significant convergences between Early Islam and the Late Ancient world. It suggests that Islam’s rise is a feature of a common process during which tensions between imperial ambitions and apocalyptic beliefs in Europe and the Middle East cut straight across today’s theological and political definitions. The conquests of Islam, the emergence of the caliphate, and the transformation of the Roman and Christian world are approached from both prophetic anticipations in the Ancient and Late Ancient world, and from the Medieval and Modern receptions of history. In the shadow of their narratives it becomes possible to trace the outline of a shared history of Christianity and Islam. The "Dark Ages" thus emerge not merely as a tale of sound and fury, but as an era of openness, diversity and unexpected possibilities. Approaching the rise of Islam as a historical phenomenon, this book opens new perspectives in the study of early religion and philosophy, as well as providing a valuable resource for students and scholars of Islamic Studies.

Muslim Families, Politics and the Law

A Legal Industry in Multicultural Britain

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Author: Ralph Grillo

Publisher: Routledge

ISBN: 1317091140

Category: Law

Page: 360

View: 4976

Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about ’other’ cultural and religious beliefs and practices and limits to their accommodation. This book focuses principally on Muslim families and on the way in which gender relations and associated questions of (women’s) agency, consent and autonomy, have become the focus of political and social commentary, with followers of the religion under constant public scrutiny and criticism. Practices concerning marriage and divorce are especially controversial and the book includes a detailed overview of the public debate about the application of Islamic legal and ethical norms (shari’a) in family law matters, and the associated role of Shari’a councils, in a British context. In short, Islam generally and the Muslim family in particular have become highly politicized sites of contestation, and the book considers how and why and with what implications for British multiculturalism, past, present and future. The study will be of great interest to international scholars and academics researching the governance of diversity and the accommodation of other faiths including Islam.

Islam, Law and the Modern State

(Re)imagining Liberal Theory in Muslim Contexts

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Author: Arif A. Jamal

Publisher: Routledge

ISBN: 1315466791

Category: Law

Page: 150

View: 2265

Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.

Blasphemy, Islam and the State

Pluralism and Liberalism in Indonesia

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Author: Stewart Fenwick

Publisher: Taylor & Francis

ISBN: 1315527685

Category: Law

Page: 208

View: 5960

This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world’s largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country’s liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world’s largest Muslim nation. A key objective is to test the argument that Rawls’ thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.

Islamic Law Practice and Procedure in Nigerian Courts

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Author: Abubakar, Adamu

Publisher: Malthouse Press

ISBN: 978958444X

Category: Law

Page: 232

View: 7543

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.

Da'wa and Other Religions

Indian Muslims and the Modern Resurgence of Global Islamic Activism

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Author: Matthew J. Kuiper

Publisher: Routledge

ISBN: 1351681702

Category: Religion

Page: 296

View: 5108

Da‘wa, a concept rooted in the scriptural and classical tradition of Islam, has been dramatically re-appropriated in modern times across the Muslim world. Championed by a variety of actors in diverse contexts, da‘wa –"inviting" to Islam, or Islamic missionary activity – has become central to the vocabulary of contemporary Islamic activism. Da‘wa and Other Religions explores the modern resurgence of da‘wa through the lens of inter-religious relations and within the two horizons of Islamic history and modernity. Part I provides an account of da‘wa from the Qur’an to the present. It demonstrates the close relationship that has existed between da‘wa and inter-religious relations throughout Islamic history and sheds light on the diversity of da‘wa over time. The book also argues that Muslim communities in colonial and post-colonial India shed light on these themes with particular clarity. Part II, therefore, analyzes and juxtaposes two prominent da‘wa organizations to emerge from the Indian subcontinent in the past century: the Tabl?gh? Jam?‘at and the Islamic Research Foundation of Zakir Naik. By investigating the formative histories and inter-religious discourses of these movements, Part II elucidates the influential roles Indian Muslims have played in modern da‘wa. This book makes important contributions to the study of da‘wa in general and to the study of the Tabl?gh? Jam?‘at, one of the world’s largest da‘wa movements. It also provides the first major scholarly study of Zakir Naik and the Islamic Research Foundation. Further, it challenges common assumptions and enriches our understanding of modern Islam. It will have a broad appeal for students and scholars of Islamic Studies, Indian religious history and anyone interested in da‘wa and inter-religious relations throughout Islamic history.

Sharia Incorporated

A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present

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Author: Jan Michiel Otto

Publisher: Amsterdam University Press

ISBN: 9087280572

Category: Law

Page: 676

View: 1814

"Sharia Incorporated is an ambitious study of how Islamic law traditions have been incorporated into the national legal systems throughout the Muslim world. Both puritan Islamists and Western alarmists tend to oversimplify and misrepresent the role and position of sharia. In response, this book takes stock of the actual legal positions, putting them into their socio-political and historical contexts. The twelve country chapters, each written by laudable international scholars speak to the historical evolution of Islamic, legal, and political ideas and practices. They consider the key legal issues raised by the 'Islamic awakening' of recent decades. Otto's conclusion presents the main findings of this unique comparative study and explains why the incorporation of sharia is such a thorny governance problem for an government in today's Muslim world. It is intended that this wealth of facts and analyses contributes to current debates on sharia, law, and politics"--Publisher's description, p. [4] of cover.

The New Testament in Muslim Eyes

Paul's Letter to the Galatians

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Author: Shabbir Akhtar

Publisher: Routledge

ISBN: 1315448262

Category: Religion

Page: 284

View: 7452

This book explores Christian origins by examining a key New Testament epistle, Paul’s letter to the Galatian churches, seen by Christians as the charter of Christian liberty from the inherited Jewish law. The New Testament in Muslim Eyes provides a close textual commentary on perhaps the earliest declaration of Paul’s apostleship and of his undying commitment to the risen Christ. It notes the subtleties of the Greek original against the backdrop of an exciting glimpse of Quranic Arabic parallels and differences. It asks: Does Paul qualify as a prophet of Allah (God)? The thoughts of Paul are assessed by examining his claims against the background of Islam’s rival views of Abraham and his legacy. The Arabic Quran framed and inspired the life of the Arab Apostle, Muhammad, who was sent, according to Islam, to all humanity, Jewish and Gentile alike. Pauline themes are set in dialectical tension with the claims of the Quran. Akhtar compares and contrasts the two rival faiths with regard to: the resources of human nature, the salvation of the sinner, and the status of the works of the law. Both Christians and Muslims concur on the need for God’s grace, an essential condition of success in the life of faith. The core Pauline Christian doctrine of justification by faith alone is scrutinised and assessed from a variety of non-Christian, especially Islamic, stances. Providing an Islamic view of Christian origins, this book helps to build bridges between the two religions. It will be a valuable resource to students and scholars of Biblical Studies, Islamic Studies, and the Philosophy of Religion.

Islamic Law and International Commercial Arbitration

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Author: Maria Bhatti

Publisher: Routledge

ISBN: 042988821X

Category: Business & Economics

Page: 290

View: 1641

This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.