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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.

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Heba Sewilam

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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.

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Mohammad Nsour

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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.

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Haider Ala Hamoudi

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Reyadh Mohamed Seyadi

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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.

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Emad Abdel Rahim Dahiyat

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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.

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Edited by Ebru Boyar and Kate Fleet

Approaching Ottoman social history through the lens of entertainment, this volume considers the multi-faceted roles of entertainment within society. At its most basic level entertainment could be all about pleasure, leisure and fun. But it also played a role in socialisation, gender divisions, social stratification and the establishment of moral norms, political loyalties and social, ethnic or religious identities. By addressing the ways in which entertainment was employed and enjoyed in Ottoman society, Entertainment Among the Ottomans introduces the reader to a new way of understanding the Ottoman world.

Contributors are: Antonis Anastasopoulos, Tülay Artan, Ebru Boyar, Palmira Brummett, Kate Fleet, James Grehan, Svetla Ianeva, Yavuz Köse, William Kynan-Wilson, Milena Methodieva and Yücel Yanıkdağ.
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Gerrit Bos

The terminology in medieval Hebrew medical literature (original works and translations) has been sorely neglected by modern research. Medical terminology is virtually missing from the standard dictionaries of the Hebrew language, including Ha-Millon he-ḥadash, composed by Abraham Even-Shoshan. Ben-Yehuda’s dictionary is the only one that contains a significant number of medical terms. Unfortunately, Ben-Yehuda’s use of the medieval medical texts listed in the dictionary’s introduction is inconsistent at best. The only dictionary exclusively devoted to medical terms, both medieval and modern, is that by A.M. Masie, entitled Dictionary of Medicine and Allied Sciences. However, like the dictionary by Ben-Yehuda, it only makes occasional use of the sources registered in the introduction and only rarely differentiates between the various medieval translators. Further, since Masie’s work is alphabetized according to the Latin or English term, it cannot be consulted for Hebrew terms. The Historical Dictionary of the Hebrew Language, which is currently being created by the Academy of the Hebrew Language, has not been taken into account consistently as it is not a dictionary in the proper sense of the word. Moreover, consultation of this resource suggests that it is generally deficient in medieval medical terminology. The Bar Ilan Responsa Project has also been excluded as a source, despite the fact that it contains a larger number of medieval medical terms than the Historical Dictionary. The present dictionary has two major objectives: 1) to map the medical terminology featured in medieval Hebrew medical works, in order to facilitate study of medical terms, especially those terms that do not appear in the existing dictionaries, and terms that are inadequately represented. 2) to identify the medical terminology used by specific authors and ranslators, to enable the identification of anonymous medical material.
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Tawfiq Daʿadli

In Esoteric Images: Decoding the Late Herat School of Painting Tawfiq Daʿadli decodes the pictorial languagewhich flourished in the city of Herat, modern Afghanistan, under the rule of the last Timurid ruler, Sultan Husayn Bayqara (r.1469-1506). This study focuses on one illustrated manuscript of a poem entitled Khamsa by the Persian poet Nizami Ganjavi, kept in the British Library under code Or.6810. Tawfiq Daʿadli decodes the paintings, reveals the syntax behind them and thus deciphers the message of the whole manuscript. The book combines scholarly efforts to interpret theological-political lessons embedded in one of the foremost Persian schools of art against the background of the court dynamic of an influential medieval power in its final years.
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Edited by Norbert Oberauer, Yvonne Prief and Ulrike Qubaja

Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions.

Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meeschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.