Essays in Honour of Professor Donald P. Little
Edited by Sami G. Massoud
Moving Frontiers, Shifting Identities in the Land of Rome (13th-15th Centuries)
Buket Kitapçı Bayrı
Edited by Oliver Scharbrodt, Samim Akgönül, Ahmet Alibašić, Jørgen S. Nielsen and Egdunas Racius
The Yearbook of Muslims in Europe is an essential resource for analysis of Europe's dynamic Muslim populations. Featuring up-to-date research from forty-three European countries, this comprehensive reference work summarizes significant activities, trends, and developments.
Each new volume reports on the most current information available from surveyed countries, offering an annual overview of statistical and demographic data, topical issues of public debate, shifting transnational networks, change to domestic and legal policies, and major activities in Muslim organisations and institutions. Supplementary data is gathered from a variety of sources and evaluated according to its reliability.
In addition to offering a relevant framework for original research, the Yearbook of Muslims in Europe provides an invaluable source of reference for government and NGO officials, journalists, policy-makers, and related research institutions.
Ahmad Mohammed al-Darbas and Mohammed Ebrahem al-Wasmi
This article intends to present the significance of mortgage financing in emerging markets and explain how mortgage financing affects positively the economies of emerging countries. It will also show the legal foundations of the real-estate mortgage law and the prerequisites for a successful mortgage financing system. This article intends to define the main challenges that some consider a hindrance to the development of the mortgage market in the Arabian Gulf countries. From this perspective, a brief comparative analysis of mortgage financing will focus on varying laws and regulations that apply to real-estate mortgages in the Gulf region. Implications for the development of the mortgage market in Arabian Gulf countries will be based on challenges in the mortgage market.
The post-colonialist academic discourse blames colonialism for the marginalisation of Sharī‘a in the legal systems of Sunnī Muslim-majority countries. However, an analysis of some juristic debates around the Sunnī doctrinal theories of uṣūl al-fiqh and maqāṣid al-sharīʿa exposes few of the theories’ internal problems accounting for the marginalisation. In uṣūl al-fiqh, disputes regarding ijmāʿ and qiyās virtually bring their effectiveness as legal doctrines for positive law legislation to a halt. With regard to maqāṣid al-sharīʿa, an Ašʿarī adherence to a literal reading of the text reduces its potential to produce new Sharī‘a-compliant laws. Such problems render uṣūl al-fiqh and maqāṣid al-sharīʿa ineffective instruments for regulating accelerated legal changes demanded by fast-paced societal and scientific developments and deem the application of Sharīʿa in Sunnī Muslim-majority countries a task neither possible nor even recommended.
This article provides an analysis of outward foreign direct investment (FDI) trends from Turkey in light of the UAE’s interests. The key objective is to present a concise picture of Turkish FDI and of the opportunities within selected sectors in the UAE. Pursuant to this analysis, the article enumerates various challenges the UAE legal system poses to foreign investment. It then offers recommendations for how the UAE can mitigate these challenges without compromising its legal and economic regimes.
Haider Ala Hamoudi
Reyadh Mohamed Seyadi
One significant feature of arbitration that distinguishes it from litigation in national courts, is the parties’ freedom to select the arbitrator or members of the arbitral tribunal familiar with the kind of dispute that might arise or already has arisen. In 2012, a new arbitration law was issued in the Kingdom of Saudi Arabia (KSA) inspired by the texts of the Model Law on International Commercial Arbitration. In all its provisions it included the requirement not to violate Sharīʿah law (Islamic legal tradition). However, according to this law, the sole arbitrator or presiding arbitrator must hold a Bachelor of Laws (LLB) or Sharīʿah law degree. This provision is mandatory, and the parties cannot agree otherwise. This article seeks to provide some thoughts on this restriction through an analysis of arbitrator qualifications under Sharīʿah law in order to provide a better understanding of the position adopted by the KSA Arbitration Law.
Emad Abdel Rahim Dahiyat
Although e-commerce is growing at a dramatic rate, there are still areas of concern that need to be addressed adequately by the legislation in order to promote trust in e-commerce and remove any barriers to its full development. This paper thus explores the existing legislation in UAE to determine whether or not this legislation gives due attention to consumer protection in an online environment. Furthermore, this paper briefly addresses the issue of what the law ought to be in order to enhance legal certainty as well as maintain the credibility of the Internet as a market place for consumers.