Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic
Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private
Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
Armed conflict, today, has diverged from war as it was known in generations past, and from this, has tested the means by which conflicts and violence are regulated. Written with an eye to a region plagued by such conflicts,
War and Law in the Islamic World examines the origins and roles that two distinct systems of governance – Islamic law and international humanitarian law – have played in conflicts past and present. Meant equally for the scholar or student, this book presents the legal and policy complexities of today’s conflicts in a new light through its careful and well-researched investigation of the past and the present.
This title is now listed in the International Humanitarian Law Bibliography: https://www.icrc.org/eng/assets/files/2015/biblio-2015-3.pdf