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Author: Frank E. Vogel Publisher: BRILL ISBN: 9789004110625 Category : Religion Languages : en Pages : 432
Book Description
This volume offers an examination of the legal system of Saudi Arabia, not only for its own sake but also as a case study for insight into past and present Islamic legal systems.
Author: Frank E. Vogel Publisher: BRILL ISBN: 9789004110625 Category : Religion Languages : en Pages : 432
Book Description
This volume offers an examination of the legal system of Saudi Arabia, not only for its own sake but also as a case study for insight into past and present Islamic legal systems.
Author: Frank E Vogel Publisher: Bloomsbury Publishing ISBN: 1509927204 Category : Law Languages : en Pages : 419
Book Description
In this landmark publication, the world's leading expert in the legal system of Saudi Arabia explains and documents the uncodified principles of contract, tort, and property that frame the business laws of the Kingdom. Drawing on 8,500 newly published court decisions, as well as on statutory law, interviews and a wide range of other material, the book sets out to determine the actual practice of Saudi courts in these spheres, both substantively and as to reasoning and procedure. With unique insights into and understanding of this fascinating jurisdiction, this book simply must be read by all engaged with law or business in the region. Also, given its focus on how certain Islamic legal rules and principles are applied in practice, the book will prove an invaluable resource for scholars of Islamic law past and present.
Author: Dominik Krell Publisher: King Faisal Center for Research and Islamic Studies (KFCRIS) ISBN: Category : Religion Languages : en Pages : 4
Book Description
The Saudi legal system is on the verge of the arguably most significant transformation in its history: There are reports that Saudi Arabia will soon introduce a binding codification of Islamic law that will encompass private law, criminal law, and family law. Until now, large areas of Islamic law have remained uncodified. Judges refer to Islamic jurisprudence in their judgments, which are full of references to medieval and late medieval legal treatises like Ibn Qudāma’s (d. 1223) book al-mughnī or al-Bahūtī’s (d. 1641) kashshāf al-qanāᶜ. In areas that have not been addressed by Islamic jurisprudence in the past, the Saudi government has issued codes (anẓima, sing. niẓām) that resemble European laws. For example, there is written labor law and commercial code.
Author: Richard A. Debs Publisher: Columbia University Press ISBN: 0231520999 Category : History Languages : en Pages : 215
Book Description
Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
Author: Dawood Adesola Hamzah Publisher: Routledge ISBN: 100042474X Category : Law Languages : en Pages : 313
Book Description
This book analyses the general interaction between international law and Islamic law in the Muslim world today. It interrogates factors that often form the root of the tension between the two legal regimes. Literalist interpretations of Islamic law and the modern international law's disposition that does not give due consideration to differences among cultures and civilizations are some of these factors. This work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur’an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism, and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations, is faced with the imperative of adopting a liberal approach to interpretation of Islamic law, with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-à-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic law, international and comparative law, human rights law, and law and religion.
Author: Nadirsyah Hosen Publisher: Edward Elgar Publishing ISBN: 1781003068 Category : Law Languages : en Pages : 488
Book Description
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Author: Emilia Justyna Powell Publisher: Oxford University Press, USA ISBN: 0190064633 Category : Law Languages : en Pages : 329
Book Description
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Author: Frank E. Vogel
Author: Frank E. Vogel
Author: Frank E. Vogel
Author: Frank Edward Vogel
Author: Frank E Vogel
Author: Dominik Krell
Author: Frank Vogel
Author: Richard A. Debs
Author: Dawood Adesola Hamzah
Author: Nadirsyah Hosen
Author: Emilia Justyna Powell