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Sharecropping in the Yemen

A Study in Islamic Theory, Custom and Pragmatism

Series:

William Donaldson

This book discusses sharecropping in the Yemen against the background of Islamic law and customary law. Sharecropping is particularly interesting in Islam since its basis (rent as a proportion of an unknown future harvest) is ostensibly inconsistent with the Islamic prohibition against transactions involving gharar (risk or uncertainty). The first half of the book analyses how Islamic theory views sharecropping and is based on a detailed analysis of key legal texts, while the second half focuses on sharecropping as it exists in practice in the Yemen. Textual sources (Islamic legal texts, contracts, pleas and fatwās are related throughout to Yemeni sharecropping in practice, a task not previously attempted, and the work has been written so as to be accessible both to social scientists and to Islamic legal specialists.

William Ballantyne

Honest Scales

Challenging Structural Discrimination in Alberta v. Hutterite Brethren of Wilson Colony

William Kenny

The decision in Alberta and Hutterite Brethren of Wilson Colony refocused attention on the role played by the final limb of the Oakes test when considering the proportionality of the limitation of a Charter right. This article seeks to re-examine this decision and challenge the structural discrimination it created by requiring minorities whose belief gives a religious value to a facially utilitarian practice which may not be apparent when considered from a secular perspective. In particular it examines the potential benefits of allowing a liberal perspective of group rights to inform the weight courts’ give to the detriment faced by a community and argues that this revised approach to balancing would result in outcomes more reflective of the values codified in the Charter.