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The Islamic Law of Personal Status

This huge piece of legislation promulgated in September 1993 represents the culmination of a major project aimed at producing comprehensive unified regulation of all areas of commercial activity. In the introductory chapter to the law, which concerns its application, it is stipulated that commercial matters with regard to which specific federal laws are promulgated shall be subject to the provisions of these laws & to such provisions of the present law as do not conflict with them (Article 3). The main body of the law commences with definitions of what constitutes commercial activity: these persons who shall be deemed to be traders, & the conditions of eligibility to engage in trade. It sets out the requirements of accounting & record keeping which are obligatory for all traders. There is comprehensive legislation of a range of general commercial matters such as commercial houses, trade names, commercial data, commercial obligations & contracts, sale on deferred terms, sale at action, international sales, commercial pledges & deposits in public depositories. Following this there is detailed regulation of several of the most important specific areas of commercial activity including the different forms of commercial agency, commercial representation, brokerage & carriage of goods & persons. The large section of banking operations is systematic & exhaustive, as is the regulation of actions & transactions involving commercial & financial documents. The last section deals with bankruptcy, composition to avert bankruptcy, the procedures & administration of bankruptcy & its consequences. Article 196 states that the establishment of a Stock Exchange will be subject to the agreement of the Council of Ministers & promulgation of a Federal Law regulating the activity of the Exchange. The Law is presented in a comprehensive & consistent manner & is clear & accessible. An invaluable reference to all those who have business interests in or with the United Arab Emirates.

INTRODUCTION: METHODS OF DISSOLUTION Under the Sharia Law, marriage
may be dissolved, during the life-time of the parties thereto: (i) by the act of the
husband or wife (talaq); (ii) by mutual agreement (khula or mubaraat); or (iii) by a
judicial order of separation in a suit by the husband or the wife (tafriq).1 The most
common procedure has been the talaq, which is. 1 These are the forms of
dissolution of marriage that are recognized in the modern legislations on
personal status.

Islamic Law on Peasant Usufruct in Ottoman Syria

17th to early 19th Century

Drawing on Hanafi legal texts from Ottoman Syria between the 17th and early 19th centuries, this book examines how jurists balanced the rights and obligations of tenants and landlords on state and waqf lands, contributing in the process to the dynamism of the law and the adaptability and longevity of the Ottoman land system.

CHAPTER FOUR UPHOLDING THE INTEGRITY OF SHARĪʿA VIS À VIS
QANŪN There is ample evidence that qanūn and sharīʿa certainly
complemented one another (thanks in large part to the efforts of Abu al-Suʿūd to
recon- cile the two) and that jurists, judges, and legal officials across the Empire
played an integral role in applying qanūn in various realms of law. However, the
evolution of the qanūn-sharīʿa relationship, particularly after the sixteenth
century, has also been ...

Islamic Law in Palestine and Israel

A History of the Survival of Tanzimat and Sharīʻa in the British Mandate and the Jewish State

CHAPTER THIRTEEN CONCLUSION During all of the periods under study,
Islamic law persisted in one form or another on the territorial level and on the
communal level in Palestine and Israel until very recently. It survived, though it
can hardly be said that it flourished, both under British colonial rule and through
Israeli efforts to establish a guiding national principle. This cannot be attributed to
its resiliency, though it was resilient; nor to any special characteristics that
enabled it to meet ...

Women in Classical Islamic Law

A Survey of the Sources

Drawing on legal and ad th texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women s issues. All assumed a woman would marry and thus the book concentrates on women s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qur n verses devoted to women s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women s lives in and outside their homes. Throughout, jurists opinions are juxtaposed with relevant quotations from contemporaneous ad th collections.

PREFACE Given the many ways the author of a book on the history of women in
classical Islamic law can approach such a topic, it is important to establish at the
outset what this study does and does not do. In particular, it is not a social history,
a study of how real women lived in a particular time or place. Instead, I would like
to emphasize the subtitle, A survey of the sources. In 1976, in An Introduction to
Islamic Law, Schacht wrote, “The details of the growth of doctrine within each ...

Islamic Law and the State

The Constitutional Jurisprudence of Shihāb Al-Dīn Al-Qarāfī

A discussion of the constitutional jurisprudence of an important Egyptian jurist of the M lik school, Shih b al-D n al-Qar f .

CHAPTER FOUR THE LIMITS OF LAW AGAINST THE TYRANNY OF THE
MADHHAB Je vous delivre d'une bete feroce, et vous me demandez par quoi je
la remplace. -Voltaire I. General Introductory As corporate entities, one would
expect al-Qarafi to impute to the madhhabs the broadest legal jurisdiction
possible, the better to provide the broadest protection to its constituent members.
Yet it appears that the perspicacious Maliki constitutionalist would be unable to
escape the ...

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. BERNAND,
M., "Le probleme de Yasbah ou les implications onto- logiques de la regle
juridico-religieuse." Arabica, 37 (1990): pp. 151-172. 110. DWYER, D.H., "Law
and Islam in the Middle East: An Introduction." In: D.H. Dwyer (ed.), Law and
Islam in the Middle East.

Islamic Law in Past and Present

In Islamic Law in Past and Present, the lawyer and Islamicist Mathias Rohe offers a comprehensive study of Islamic law, law reforms and law in action with a particular focus on modern developments in the Islamic world, India, Canada and Germany.

Thedifferentdepthofcomprehensivescholarlyanalysisofpointsoflawduring the
classical period is reflected in the discussion concerning legal politics which still
continues in the Islamic world. Personal status law, family law and inheritance
law remain the preserve of much debate within the confines of Islamic law;
changes in these areas meet with the most adamant resistance. In other areas of
the law such as civil law and commercial law specific Islamic aspects are rather
more marginal.

Islamic Law and the Legal System of Saudí

Studies of Saudi Arabia

This volume offers an examination of the legal system of Saudi Arabia, not only for its own sake but also as a case study for insight into past and present Islamic legal systems.

CONCLUSION Through a series of case studies this book has essayed an
exploration of the Islamic legal system of Saudi Arabia, and by extension, of
Islamic legal systems generally. The chief purpose of the case studies has been
to work out, and then practice, categories of thought, lines of distinction, that align
better with observable phenomena than those that are usually imported by the
western legal scholar or social scientist. As was often observed, Saudi and
Islamic legal ...

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
ISLAMIC BANKING AND FINANCE Modern Islamic Legal Institutions We noted
earlier that the Islamic legal system was dismantled during the eighteenth and
nineteenth centuries and replaced by systems drawn mainly from the West.

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.

INTENT IN ISLAMIC PENAL LAW Introduction Questions of intent in cases of
harmful action have long exercised the minds of lawyers, law professors, moral
philosophers, and mystery novelists, generating perhaps as much imaginative
casuistry as any legal topic. As Mary Douglas once observed about law in
another context, “everything would be quite straightforward were it not that the
legal mind has seen fit to ruling on some borderline cases.”1 Beyond confessed,
cold-blooded ...