Browse results

You are looking at 1 - 10 of 72,852 items for :

  • Brill | Nijhoff x
  • Middle East and Islamic Studies x
  • Chapters/Articles x
Clear All Modify Search

Ahmad Mohammed al-Darbas and Mohammed Ebrahem al-Wasmi

Abstract

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.

Heba Sewilam

Abstract

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.

Mohammad Nsour

Abstract

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

Abstract

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

Abstract

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.

Intellectual Captivity

Literary Theory, World Literature, and the Ethics of Interpretation

Chen Bar-Itzhak

Abstract

This essay concerns the unequal distribution of epistemic capital in the academic field of World Literature and calls for an epistemic shift: a broadening of our theoretical canon and the epistemologies through which we read and interpret world literature. First, this epistemic inequality is discussed through a sociological examination of the “world republic of literary theory,” addressing the limits of circulation of literary epistemologies. The current situation, it is argued, creates an “intellectual captivity,” the ethical and political implications of which are demonstrated through a close reading of the acts of reading world literature performed by scholars at the center of the field. A few possible solutions are then suggested, drawing on recent developments in anthropology, allowing for a redistribution of epistemic capital within the discipline of World Literature: awareness of positionality, reflexivity as method, promotion of marginal scholarship, and a focus on “points of interaction.”

Denise-Marie Teece

Abstract

This article examines some of the more significant aspects of Turin Safīna manuscript Biblioteca Reale Ms. Or. 101. One of these is its unique and important six-page preface, which refers to the manuscript as a safīna (ship or vessel) and explains in poetic language why some Persian manuscripts are referred to using this term. In addition to this significant preface, which is translated and analyzed in the first half of the article, the manuscript also exhibits delicate illuminations and calligraphy work that may be connected to a network of artist-families active in western Persia (primarily in the region of Shiraz) around the time of its completion. The second half of this article revisits the careers of some of these artists, and discusses the broader artistic context for the creation of the Turin safīna manuscript. Special attention will be given to the careers of the illuminator known as Ruzbehanal-Modhahheb, and his calligrapher father Naʿim al-Din al-Kateb.

Bill Hickman

Abstract

The Eşrefoğlu Mosque in Iznik was destroyed during the Turkish War of Independence, not long after Cornelius Gurlitt published a black and white photograph of its facade taken by G. Berggren. The photograph constitutes the only remaining visual evidence of a building whose initial construction likely dates to the lifetime of the shaykh whose memory it preserved. The flamboyant facade shown in the photograph reveals a unique mass of calligraphy, including inscriptions, published many years ago but revisited here. These inscriptions add to our understanding of the mosque’s history. My own telling of the phases of the building’s construction involves a reexamination of the identity of the mosque’s Ottoman dynastic patrons, principally Gülbahar Hatun, mother of Sultan Bayezid II. The inscriptions also raise questions about the shaykh’s spiritual legacy. Finally, the mosque’s spatial relationship to a nearby dervish lodge and to türbes associated with the shaykh and his family, buildings that also no longer survive, can be newly addressed.

Barry Knight

Abstract

The lid of a small wooden box, believed to have contained the heart of Abbot Roger de Norton (d. 1291), was discovered in 1872, during the restoration of St. Albans Abbey. The lid has an Arabic inscription that has not previously been translated. It is now suggested that the inscription reads al-ʿizz al-dāʾim wa ’l-iqbāl lahu, or “Everlasting glory and good fortune for him.”