Edited by Hiroyuki Yanagihashi
Legal Fluidity in Theory, History and Practice
Edited by Sohaira Siddiqui
Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
Edited by John Bowen and Arskal Salim
With Special Reference to the Reign of Murad Giray (1678-1683)
Rafidah Mohamad Cusairi and Mahdi Zahraa
The unavailability of civil courts to hear cases relating to Muslim family law and other related matters persuaded community leaders and religious scholars in the United Kingdom to establish several Sharīʿah councils. This article explores the role played by these councils in resolving matrimonial disputes, especially the process and procedure of issuing an Islamic divorce. Library and empirical research methods were employed. Three main
This article examines Oman’s Commercial Code’s preventive composition scheme with creditors. Various conditions that a trader needs to meet in order to apply for preventive composition are highlighted. Then, the issues of management displacement, of staying creditors’ actions during the proceedings and of cramming-down dissenting creditors are examined. The article concludes by demonstrating that the preventive composition scheme in Oman is far from being a rescue scheme.
Ahmed Samir Hassanein
The Qatari legislator has adopted a penal code that encompasses rules derived from a divine source and also deals with several other crimes common in positive penal laws. Whoever reads the Qatari Penal Code will notice the significant influence that Islamic criminal rules have had on that law. Its inaugural article unequivocally provides that rules of Islamic law (shariah) shall apply to all crimes of hudud, qisas and diya if a special condition is met. In all other cases, however, shariah rules still permeate the entire code through the proscription of acts derived from shariah law. This article thus aims to present a concise overview of the contemporary Qatari experience in adopting rules derived from Islamic criminal law into its penal code, for the purpose of highlighting its points of strength, as well as identifying points of weakness to overcome.
Yehya Ikram Ibrahim Badr
This article analyses the choice of law issues associated with setting aside an arbitral award under the Egyptian Arbitration Code (the Code), the challenges posed by applying the Code to arbitration conducted outside Egypt, and the lack of a clear criterion to define the Code’s scope of application. Choice of law issues – such as the law governing the parties’ capacity, the law governing the agreement to arbitrate and the applicable curial – are not addressed by defined choice of law rules. Under Egyptian law, there are several conflicting choices of rules. Finally, the article focuses on the Egyptian courts’ tendency to apply Egyptian law extraterritorially, either to protect Egyptian public policy or to apply Egyptian mandatory rules to determine the procedural validity of the arbitral award and the arbitration proceedings in general.