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Author: Hussein M. Azmy

Abstract

Despite the prominent role that the Islamic faith plays in shaping the social and regulatory aspects of Arab countries and the constitutional recognition of Islamic law (Sharīʿah) as a main source of legislation in most of these countries, judicial precedents regarding Islamic finance contracts remain scarce in the Arab world. This article sheds light on the judicial treatment of the validity and characterisation of Islamic finance contracts. It examines the economic and regulatory backgrounds of the Islamic finance industry in Egypt, Kuwait, and Oman. This examination provides a necessary prelude to the article’s discussion of the Islamic finance contract from jurisprudential and regulatory standpoints. It also provides a foundation for the analysis of noteworthy judicial precedents on the validity and characterisation of the Islamic finance contract. Following such analysis, this article makes recommendations to enhance the regulatory and judicial appreciation for the distinctiveness of Islamic finance.

In: Arab Law Quarterly

Abstract

This research focuses on the regulatory framework of a creditor’s duty to mitigate damages in UAE law, and examines the extent to which this organization is consistent with the provisions of the UN Convention on the International Sale of Goods. The absence of an explicit legislative provision imposing this duty in the national law does not preclude the possibility of implementing many general rules governing the theory of contract provided in the UAE federal law on civil transactions. It also concludes that the regulation of commercial sales contracts provided in the UAE federal law on commercial transactions is counterproductive in organizing this duty in contravention of the general rules of contract law and international perspective and in contrast to the provided goals of these special provisions (maintaining mutual trust between the contracting parties and the stability of commercial transactions). It suggests fundamental amendments to the federal law on commercial transactions.

In: Arab Law Quarterly
Free access
In: Journal of Islamic Manuscripts
Author: Christoph Rauch

Abstract

This article points to some geographical and historical conditions of scholarship and manuscript culture in Zaydi Yemen. The place of copying is only sporadically given in the colophons of Arabic manuscripts. This is confirmed by a systematic investigation into the catalogues of the Berlin collection presented here. In particular, this article discusses the presence of place names in the colophons and notes of Yemeni manuscripts, based on an examination of 750 volumes held in the Österreichische Nationalbibliothek in Vienna, the Bayerische Staatsbibliothek in Munich, and the Staatsbibliothek in Berlin. It reveals that manuscripts from the Zaydi tradition were copied in numerous locations, but also shows the relevance of other places with respect to the transmission of knowledge. The wide range of fifty villages and smaller towns that appear in the colophons is significant for Yemen and can be explained by the long tradition of Zaydi scholars settling in the tribal territory in villages (qarya) or settlements called hijra (pl. hijar). The result remains surprising in so far as older catalogues of Yemeni manuscripts seem to be erratic and inconsistent in providing information on places of copying.

In: Journal of Islamic Manuscripts

Abstract

This article examines a group of twelve fragments in different languages and different scripts previously held in the Schøyen collection in London and Oslo. After they first emerged on the market in 1993, these fragments received colourful hypothetical and/or fictional pseudo-provenances. However, a consideration of the material logic of these parchment fragments (including folding lines and sewing holes) as well as an examination of the Arabic marginal manuscript notes they carry allows us to re-establish their historical trajectory from the seventh/thirteenth century onwards. At this point, they became part of Muslim Damascene manuscript culture and were reused as wrappers for small booklets in the scholarly field of ḥadīth. In the late ninth/fifteenth century, these booklets were subjected to a massive binding project and the fragments went into new large volumes. This article thus suggests approaches to use provenance research in order to re-historicize decontextualized fragments in modern collections.

In: Journal of Islamic Manuscripts
Author: Boris Liebrenz

Abstract

It was only during the Ottoman period, beginning in 1517, that seals gained popularity in the Arab world as a means to document people’s interactions with books. Some seals came alone while others accompanied handwritten notes. Some spelled out their purpose clearly through formulations such as “min kutub”, “hāḏā mā waqafa” or the like; others contained only pious formulae and a name. But even the latter are generally assumed to denote ownership or endowment. In this article, I present the example of a seal that belonged to a judge in early Ottoman Egypt. I will argue that the seal did not denote ownership of the books on which it is found, and I will attempt to show that it was used by its owner in the process of an inventory of Cairo’s endowed libraries. I will also discuss what this insight could mean for interpreting the history of books and collections through seals.

In: Journal of Islamic Manuscripts

‮المستخلص‬‎

‮تعرض هذه المقالة لنصوص تُنشر لأول مرة عن صناعة الأحبار وطريقة تركيبها باستخدام المواد الأساسية المختلفة، إضافة لبعض الوصفات المتصلة بالكتابة على المخطوط ومحو الكتابة، مما ورد في مخطوطة كتاب «التذكرة» لقطب الدين النهروالي (ت ‭٩٩٠‬هـ/ ‭١٥٨٢‬م)، وهي نماذج جيدة تُضاف إلى ما وصلنا من تركيبات الحبر وصناعته. وتهدف هذه المقالة إلى إطلاع الباحثين على الوصفات التي أوردها النهروالي، والتعريف بها وبمضمونها ومدى أصالتها وقيمتها، ومحاولة الكشف عن مصدره الذي أخذ عنه، أم أنها من مجرباته الشخصية ومما تعاطى عمله بمعرفته الذاتية؟‬‎

In: Journal of Islamic Manuscripts

Abstract

This article draws on an excerpt of ʿAbd al-Qādir al-Jīlānī (d. 561/1166) in his al-Ghunya li-Ṭālibī al-Ḥaqq (“The Sufficient Provision for Seekers of the Path to the Truth [God]”), dealing with ādāb related to killing or sparing inedible animals. It first pleads for a detailed textual analysis, in order to understand the normative frame the author uses. Keeping away from an exclusive juridical perspective, we try to consider Islamic normativity as a whole, using a holistic normative methodology and encompassing ādāb, popular beliefs, and spiritual tenets beyond fiqh rules. This analysis is the key to find out which function do ādāb toward animals have for believers.

Open Access
In: Journal of Islamic Ethics
The Dutch scholar Christiaan Snouck Hurgronje (1857–1936) was one of the most famous orientalists of his time. He acquired early fame through his daring research in Mecca in 1884-85, masterly narrated in two books and accompanied by two portfolios of photographs. As an adviser to the colonial government in the Dutch East Indies from 1889 until 1906, he was on horseback during campaigns of “pacification” and published extensively on Indonesian cultures and languages. Meanwhile he successively married two Sundanese women with whom he had several children. In 1906 he became a professor in Leiden and promoted together with colleagues abroad the study of modern Islam, meant to be useful for colonial purposes. Despite his considerable scholarly, political, and cultural influence in the first decades of the twentieth century, nowadays Snouck Hurgronje has been almost forgotten outside a small circle of specialists, since he mainly published in Dutch and German. The contributors to this volume each offer new insights about this enigmatic scholar and political actor who might be considered a classic proponent of “orientalism.” Their detailed studies of his life and work challenge us to reconsider common views of the history of the study of Islam in European academia and encourage a more nuanced “post-orientalist” approach with ample attention for cooperation, exchange, and hybridization.

Contributors: