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al-ʿAllāmah al-Ḥillī

Edited by Sayyid Amjad Hussain Shah Naqavi

Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi.
Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.

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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.

The Negotiability of Debt in Islamic Finance

An Analytical and Critical Study

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Abdulaziz Ahmed Almezeini

The challenges posed by the non-liquidity and non-diversity of the Islamic debts market make the market an inefficient tool on contributing to Muslim economic growth. Islamic scholars and experts created sukuk as an Islamic debt instrument to avoid riba (usury), but the sukuk market (especially in the Gulf) still struggles with the prohibition of the trade of debt due to the prohibition of the two Fiqh Academies.
Trading and securitizing debts should be permitted in Islamic law, with one condition, that the debt should be considered low risk. This new rule, the permissibility of trading debts, is supported by three Islamic legal bases, istishab, qiyas, and maslaha, which are recognized by all four Islamic schools of legal thought. Furthermore, permitting the trading of debts is more consistent with the principles and theories of Islamic law than is forbidding it. It is consistent with the obligations theory that debt is a personal right. It is consistent with the mal (property) theory that debt may be sold according to the three Islamic schools of legal thought, all of which consider debt as property. It is consistent with other modern Islamic financial transactions that are permitted by the two Fiqh Academies, such as tawarruq and murabaha.

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Matthias Vanhullebusch

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