Genealogy, Current Trends, and New Interpretations
This book invites to rethink certain aspects of halal, and in particular the issue of the halal market and halal certification in Muslim-minority contexts. Rather than limiting itself to elucidating the doctrinal traditions relating to halal/haram, or on the contrary, focusing only on the external economic, financial, political or demographic factors that explain the changes taking place, Rethinking Halal shows the need to underline the points of balance between the aspects of religious doctrine on the one hand and the economic or political contextual aspects on the other hand. Through the study of various countries, Rethinking Halal demonstrates that Islam underwent a process of positivisation, that is, a kind of reframing of its rules and principles through the lens of a characteristically modern standardising, scientificising, and systematising mind.

Contributors are Ayang Utriza Yakin, Louis-Léon Christians, Baudouin Dupret, Jajat Burhanudin, Syafiq Hasyim, Zaynab El Bernoussi, En-Chieh Chao, Rossella Bottoni, Lauren Crossland-Marr, Konrad Pędziwiatr, Matteo Benussi, Harun Sencal and Mehmet Asutay.
Author: Irene Schneider
In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing “law in the making” and the shifts in debates (2012–2018). In 2012, a ruling on khulʿ-divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to “harmonize” international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
Space and Religious Hierarchy in Ibn al-Qayyim’s Aḥkām ahl al-dhimma
Antonia Bosanquet’s Minding Their Place is the first full-length study of Ibn al-Qayyim’s (d. 751/1350) collection of rulings relating to non-Muslim subjects, Aḥkām ahl al-dhimma. It offers a detailed study of the structure, content and authorial method of the work, arguing that it represents the author’s personal composition rather than a synthesis of medieval rulings, as it has often been understood. On this basis, Antonia Bosanquet analyses how Ibn al-Qayyim’s presentation of rulings in Aḥkām ahl al-dhimma uses space to convey his view of religious hierarchy. She considers his answer to the question of whether non-Muslims have a place in the Abode of Islam, how this is defined and how his definition contributes to Ibn al-Qayyim’s broader theological world-view.

Abstract

This article examines the concept of pre-emption rights in the Sudan, in particular, the origin, nature and domain of the principle by making four key arguments. Firstly, it argues that, although the doctrine is maintained and applied as a part of Muslim law, it is also applied between Muslims and non-Muslims as equity and good conscience rule rather than as a part of Muslim personal law. Secondly, it presupposes that the doctrine of pre-emption has its roots in Islamic law, although it is not ‘exclusive’ to Islamic systems. Thirdly, it suggests that the tendency to adopt Islamic theory as a sole reason for implementing the doctrine, sometimes led to judicial debates; for example, the question arose to whether this right existed in favour of a lease holder. Finally, Islamic theory leaves the question open as to whether pre-emptive rights exist in the domain of movable property.

In: Arab Law Quarterly

Abstract

Following the recent accession of Qatar, the United Nation Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention on Mediation) will come into force on 12 September 2020. As a Signatory State, Iran is assessing whether to ratify the Singapore Convention. This article illustrates and discusses the challenges and opportunities that Iran and Qatar may face in light of the Singapore Convention. The main focus of this article is on problems facing Iran in relation to the possible ratification of the Singapore Convention. Finally, it determines whether Iran would benefit from the possible implementation. It concludes that, while Qatar may benefit from joining the Singapore Convention, the possible ratification of the Convention in Iran will lead to more challenges than opportunities. For the purpose of developing international commercial mediation in Iran, the UNCITRAL Model Law on Mediation will be an appropriate alternative.

In: Arab Law Quarterly
Author: Muath Al-Zoubi

Abstract

Recently, the world has been hit by a massive wave of refugees, precipitating the global refugee crisis, which is a pressing issue of global concern. Consequently, addressing this crisis needs innovative approaches. The aim of this article is to establish a relatively new initiative through combining two topics: the global refugee crisis and the crime of trafficking in persons. Accordingly, by combining these two topics, this article will try to find a new initiative that addresses a certain category of trafficked victims, namely trafficked refugees. By analysing the existing primary and secondary sources on relevant issues in relation to the crime of trafficking in persons and the issue of refugees, this article concludes that, despite the difficulties of addressing these issues and the current attempts in Jordan, it is still significant to identify trafficked victims among refugees as this might result in them receiving particular attention.

In: Arab Law Quarterly

Abstract

Arbitration is the best method to resolve a dispute, due to the flexibility in its mechanism and issuing of a final judgment, known as an ‘award’. The winning party usually seeks to apply that award in the state where the assets of the losing party exist. In this regard, the New York Convention 1958 guarantees that the award is enforceable in the state where the winning party sought to apply. Jordan is party to the Convention; it has regulated its own arbitration law and has adopted the UNCITRAL Model Law 1985. However, not all provisions were adopted where specific provisions in Jordanian law relating to certain matters differed from the Model Law provisions. These differences may positively or adversely affect the arbitration procedure in Jordan.

In: Arab Law Quarterly

Abstract

This study discusses the issues of ṣukūk (Islamic bonds) default surrounding its transaction structures and potential for restructuring the default. By explaining the basic concept of ṣukūk structure, this study further provides a classification of ṣukūk from the perspectives of the standard-setting bodies and credit-rating agencies. Since the structures that underpin ṣukūk vary and technically ṣukūk is neither debt nor equity, this study provides the potential restructuring of ṣukūk in cases of default. The contingent approaches such as extending maturity, haircut and debt-equity swap are based on the classification of ṣukūk structures and require a case-by-case approach.

In: Arab Law Quarterly

Abstract

The banking system in Saudi Arabia faces legal issues with Sharīʿah compliance. Despite the fact that Islamic law is the main drive of the country’s legal system, Islamic banking is not well supported in the banking regulations and it may encounter legal obstacles in applying some Islamic financial mechanisms. On the other hand, conventional banking is not free of legal hurdles as it is challenged by the Islamic judiciary system in the country where interest-based loans are not enforced. These cases create a dilemma where the banking system in the country has to take a clearer legal position toward interest and Islamic banking.

In: Arab Law Quarterly
In: Arab Law Quarterly
In: Debating the Law, Creating Gender
In: Debating the Law, Creating Gender
In: Debating the Law, Creating Gender
In: Debating the Law, Creating Gender
In: Debating the Law, Creating Gender
In: Debating the Law, Creating Gender
In: Debating the Law, Creating Gender
In: Debating the Law, Creating Gender
In: Debating the Law, Creating Gender
In: Debating the Law, Creating Gender