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International Law and Islam

Historical Explorations

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Edited by Ignacio de la Rasilla del Moral and Ayesha Shahid

International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after ‘generations of prejudiced writing’ regarding the notable contribution of Islam to international law and its history.

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Nathalie Najjar

Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.

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Nora Salem

By virtue of ratifying the Women’s Convention, Egypt is internationally obliged to eliminate gender discrimination in its domestic legislation. Yet, women in Egypt face various forms of discrimination. This may legally be justified through Sharia-based reservations, which many Muslim-majority countries enter to human rights treaties to evade an obligation of implementation where Human Rights run counter to Sharia. This book examines the compatibility of Sharia-based reservations with international law and identifies discrepancies between Sharia and domestic law in order to determine rights Egyptian women are entitled to according to Sharia, and yet denied under Egyptian law. Account is moreover given to Egypt’s implementation efforts in the non-reserved areas of law. To this end, Egypt’s 2014 Constitution and four areas of statutory law are examined as case studies, namely, female genital mutilation; human trafficking; nationality; and labor law.

Islamic Commercial Law

Contemporariness, Normativeness and Competence

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Mohamed H. Reda

Islamic Commercial Law: Contemporariness, Normativeness and Competence offers new perspectives on why for centuries Islamic commercial law has been perceived as arbitrary and unpredictable, and on its evolution to a contemporary, consistent, reliable and credible body of law. The book also examines why Western positivists have viewed Islamic commercial law in a simplistic or archaic religious framework and counters those arguments with an examination of its normative legal qualities. The work analyses the competencies of Fiqh (jurisprudence) for structuring new financial instruments, and restructuring conventional financial products more equitability.

Edited by Ardi Imseis

Under the editorship of Ardi Imseis, Volume 19 of the Palestine Yearbook of International Law features articles on: the right to rebel and responsibility to protect, Palestinian statehood, universal jurisdiction, bilateral investment treaties in occupation, and fragmentation of international law.

The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine. The Yearbook regularly features English-language articles reviewing contemporary legal questions and translations of key legislation, court decisions, and academic material. It is intended for use by legal practitioners, government officials, researchers, scholars, and students. Published in cooperation with the Birzeit University Institute of Law, the Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and related legal issues.

Contributors: Valentina Azarova, Ofilio J. Mayorga, Jasmine Moussa, Ardi Imseis, Salma Karmi-Ayyoub, Chiara Redaelli, Musa, Njabulo Shongwe

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Ahmad A Alkhamees

Ahmad Alkhamees defines Creative Shari‘ah compliance as compliance with the letter but not the objectives of Shari‘ah. In recent years, Islamic finance industry practises have come under scrutiny, with strong critiques levelled against many institutions that claim to provide Shari‘ah-compliant products and services, which in fact undermine the spirit and the objectives of Shari‘ah. This book significantly contributes to the sphere of Islamic finance in three main ways. First, it critically appraises justifications of creative Shari‘ah compliance practises. Second, it examines how Shari‘ah supervisory board (SSB) governance practises, and the inconsistent fatwas issued by SSBs, contribute to the issue of creative Shari‘ah compliance. Most importantly, it suggests regulatory mechanisms which regulators can employ in Islamic countries such as Saudi Arabia and in secular countries such as the United Kingdom to deal with the issue of creative Shari‘ah compliance.

Edited by Martin Lau and Faris Nasrallah

The Yearbook of Islamic and Middle Eastern Law (YIMEL) is the leading English language journal covering contemporary Islamic laws and laws of the Middle East. Practitioners and academics dealing with the Middle East can turn to YIMEL for an instant source of information on the developments in the Middle East region and wider Muslim world. YIMEL covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. Volume 18 will comprise a special edition dedicated to the memory of YIMELs founder and former General Editor, former Judge and Professor Eugene Cotran.

The publication's practical features include:
- articles on current topics,
- country surveys reflecting important new legislation and amendments to existing legislation per country,
- the text of a selection of documents and important case judgments,
- book reviews.

Edited by Ardi Imseis

Under the editorship of Ardi Imseis, Volume 18 of the Palestine Yearbook of International Law features articles on: colonialism and apartheid; the Mavi Marmara Flotilla; populist legal movements; corporate accountability for human rights violations; the World Trade Organization; and state crimes.

The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine. The Yearbook regularly features English-language articles reviewing contemporary legal questions and translations of key legislation, court decisions, and academic material. It is intended for use by legal practitioners, government officials, researchers, scholars, and students. Published in cooperation with the Birzeit University Institute of Law, the Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and related legal issues.

Contributors: Valentina Azarova; Birju Dattani; Nina Jorgensen; Victor Kattan; John Reynolds; Ozlem Ulgen; Kim Van der Borght and Hisham Awwad.

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Luqman Zakariyah

Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law ( maqāṣid al-Sharī‘ah), generally. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives"); al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility"); Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and al-ʿĀda Muḥakkama ("Custom is Authoritative").

Toward the Reform of Private Waqfs

A Comparative Study of Islamic Waqfs and English Trusts

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Hamid Harasani

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.