Islamic Law and International Commercial Arbitration

Islamic Law and International Commercial Arbitration PDF Author: Maria Bhatti
Publisher: Routledge
ISBN: 042988821X
Category : Business & Economics
Languages : en
Pages : 224

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Book Description
This book examines the intersection between contemporary International Commercial Arbitration and Shariʿa law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shariʿa, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shariʿa and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Islamic Law and International Commercial Arbitration

Islamic Law and International Commercial Arbitration PDF Author: Maria Bhatti
Publisher: Routledge
ISBN: 042988821X
Category : Business & Economics
Languages : en
Pages : 224

Get Book Here

Book Description
This book examines the intersection between contemporary International Commercial Arbitration and Shariʿa law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shariʿa, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shariʿa and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

The Reconciliation of the Fundamentals of Islamic Law - Volume 2 - Al Muwafaqat Fi Usul Al Shari'a

The Reconciliation of the Fundamentals of Islamic Law - Volume 2 - Al Muwafaqat Fi Usul Al Shari'a PDF Author: Imran Ahsan Khan Nyazee
Publisher: Independently Published
ISBN: 9781793191724
Category : Religion
Languages : en
Pages : 352

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Book Description
First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law (or al-Muwafaqat fi Usul Al-Sharai'a), written by Ibrahim ibn Musa Abu Ishaq al-Shatibi, was an innovation in Islamic jurisprudence. It was the first book to address the objectives of the shari'a. The difficulty that some may find in comprehending some of its parts may be attributed to the fact that it was the first time that the codification of the maqasid or objectives of the shari'a was undertaken. The book has been a source of inspiration, moderation, and renewal in fiqh. However, it deals with much more than the maqasid, and substantial research is needed to unravel its full contribution. The author described the contents of his book as follows: When the concealed secrets began to be revealed...I started collecting their unique meanings...I did this to the extent of my ability and strength, while elaborating the purposes of the Book (Qur'an) and the Sunna...organizing these precious gems and gathering these benefits into meanings that have re-course to the principles helping in their comprehension and attachment, and I merged them with the interpretation of principles of fiqh and organized them on a shining and radiant string. The resulting book is divided into in five parts: the fundamental concepts of the discipline; the ahkam (rules) and what is related to them; the legal purposes of the shari'a and the ahkam related to them; the comprehensive treatment of the adilla (evidences); and the rules of ijtihad and taqlid. The translation of the third part, dealing with the purposes of the shari'a is presented in the Volume II.

The Future of Islamic Banking and Finance in Indonesia

The Future of Islamic Banking and Finance in Indonesia PDF Author: Romi Adetio Setiawan
Publisher: Taylor & Francis
ISBN: 1000910539
Category : Business & Economics
Languages : en
Pages : 193

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Book Description
Sharia-compliance is the raison d’etre of Islamic banks. All of their instruments and activities should be based on sharia principles, which unfortunately exposes them to greater risks than their conventional counterparts, regulated under the dual banking system in Indonesia. These include inconsistencies between fatwas, unique reputational risks, and inefficiencies in the regulatory framework governing Islamic banks. This book critically examines the less-studied issue of developing an Islamic banking regulatory and supervisory framework that considers the risk pressures faced by Islamic banks’ operations in an Indonesian financial sector dominated by conventional banks. The book assesses the extent to which the global financial standards of the Basel Accords have been followed by Islamic Banks in Indonesia, with respect to their regulation, supervision, and risk management, to highlight the unresolved tensions in the multiple regulatory and supervisory institutions. The book proposes a middle-ground approach that accommodates modification of the existing financial regulatory and supervisory system in line with international best practice. The reforms proposed in this book offer a way for financial regulatory and supervisory agencies to further develop modern Islamic law and finance. The book will be a valuable resource for scholars and policymakers interested in the dual banking system in Indonesia.

Contemporary Rationalist Islam in Turkey

Contemporary Rationalist Islam in Turkey PDF Author: Gokhan Bacik
Publisher: Bloomsbury Publishing
ISBN: 0755636767
Category : Religion
Languages : en
Pages : 263

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Book Description
Nineteenth-century Istanbul was an intellectual hub of rich discussions about Islam, in which leading reformists had a significant role. Turkey today appears to be an intellectual vacuum to anyone searching for ongoing critical engagement with Islam. The main purpose of this book is to adjust this view of Turkey by showcasing the modern Turkish theologians who challenge mainstream Sunni interpretations of Islam. Labelling these theologians as 'rationalist' rather than 'reformist', the author reveals that their theology is inherently anti-establishment and thus a religiously-oriented challenge to the hegemony of the state-sanctioned Islam: for the rationalists, Turkey's problems have their origins in the Sunni interpretation of Islam. Contemporary Rationalist Islam in Turkey analyses nine prominent scholars of Islam who provide a religious opposition to the Sunni revival in Turkey: Hüseyin Atay, Yasar Nuri Öztürk, M. Hayri Kirbasoglu, Ilhami Güler, R. Ihsan Eliaçik, Ömer Özsoy, Mustafa Öztürk, Israfil Balci, and Mehmet Azimli. These scholars' writings are almost exclusively published in Turkish, so this book makes their ideas available in English for the first time. It also examines the scope, methodology and argumentation of the scholars' theology, categorizing their theological interpretations from 'historicist' to 'universalist' and from 'empiricist' to 'rationalist'. In identifying a new 'rationalist' school of Turkish theology and outlining its different manifestations, the book breaks new ground. It fills a significant gap in the literature on Islamic studies and reveals an understudied dimension of Turkey and Turkish Islam beyond the well-known ideas of the AKP and the Gulenists.

Islamic Perspectives on Science and Technology

Islamic Perspectives on Science and Technology PDF Author: Mohammad Hashim Kamali
Publisher: Springer
ISBN: 9812877789
Category : Social Science
Languages : en
Pages : 385

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Book Description
This book presents 25 selected papers from the International Conference on “Developing Synergies between Islam & Science and Technology for Mankind’s Benefit” held at the International Institute for Advanced Islamic Studies Malaysia, Kuala Lumpur, in October 2014. The papers cover a broad range of issues reflecting the main conference themes: Cosmology and the Universe, Philosophy of Science and the Emergence of Biological Systems, Principles and Applications of Tawhidic Science, Medical Applications of Tawhidic Science and Bioethics, and the History and Teaching of Science from an Islamic Perspective. Highlighting the relationships between the Islamic religious worldview and the physical sciences, the book challenges secularist paradigms on the study of Science and Technology. Integrating metaphysical perspectives of Science, topics include Islamic approaches to S&T such as an Islamic epistemology of the philosophy of science, a new quantum theory, environmental care, avoiding wasteful consumption using Islamic teachings, and emotional-blasting psychological therapy. Eminent contributing scholars include Osman Bakar, Mohammad Hashim Kamali, Mehdi Golshani, Mohd. Kamal Hassan, Adi Setia and Malik Badri. The book is essential reading for a broad group of academics and practitioners, from Islamic scholars and social scientists to (physical) scientists and engineers.

Islamic Ethics of Technology

Islamic Ethics of Technology PDF Author: Amana Raquib
Publisher: The Other Press
ISBN: 9839541935
Category : Religion
Languages : en
Pages : 406

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Book Description
This book approaches the question of technology from an Islamic ethical perspective. The book tries to broaden the scope of the Sharia to deal comprehensively with the ethical questions and dilemmas that arise in the midst of a postmodern technological culture due to the absence of well-defined religious-ethical ends. It looks at the maqasid as a universal ethical theory to be interpreted and applied in the global technological context. It weaves the contemporary philosophical analysis of technology within the maqasid discourse and assesses modern technology through the lens of the ultimate aims and purposes of the Sharia. It works out the relationship between the various objectives and how they can be developed into an Islamic ethics of technology. Following in the recent interest in the objectives of the Sharia, the book further expands the scope of the maqasid and carries it further to encompass metaphysical and ethical debates surrounding technology. Anyone interested in finding alternatives to the existing technological model will find this book valuable. Specifically those interested in Islam and Modern World and how ijtihad is being undertaken to tackle contemporary ethical problems will find this book helpful.

The Reconciliation of the Fundamentals of Islamic Law

The Reconciliation of the Fundamentals of Islamic Law PDF Author: Ibrahim Ibn Musa Abu Ishaq Al Shatibi
Publisher: Dar UL Thaqafah
ISBN: 9789394834309
Category :
Languages : en
Pages : 0

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Book Description
First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law (or al-Muwafaqat fi Usul Al-Sharai'a), written by Ibrahim ibn Musa Abu Ishaq al-Shatibi, was an innovation in Islamic jurisprudence. It was the first book to address the objectives of the shari'a. The difficulty that some may find in comprehending some of its parts may be attributed to the fact that it was the first time that the codification of the maqasid or objectives of the shari'a was undertaken. The book has been a source of inspiration, moderation, and renewal in fiqh. However, it deals with much more than the maqasid, and substantial research is needed to unravel its full contribution. The Author described the contents of his book as follows: When the concealed secrets began to be revealed...I started collecting their unique meanings...I did this to the extent of my ability and strength, while elaborating the purposes of the Book (Qur'an) and the Sunna...organizing these precious gems and gathering these benefits into meanings that have re-course to the principles helping in their comprehension and attachment, and I merged them with the interpretation of principles of fiqh and organized them on a shining and radiant string. The resulting book is divided into in five parts: the fundamental concepts of the discipline; the ahkam (rules) and what is related to them; the legal purposes of the shari'a and the ahkam related to them; the comprehensive treatment of the adilla (evidences); and the rules of ijtihad and taqlid. This current Volume I - now available in paperback - covers the first two parts described above by the author

The Reconciliation of the Fundamentals of Islamic Law

The Reconciliation of the Fundamentals of Islamic Law PDF Author: Ibrāhīm ibn Mūsá Shāṭibī
Publisher: UWA Publishing
ISBN: 9781859642689
Category : Law
Languages : en
Pages : 324

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Book Description
First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law was an innovation in Islamic jurisprudence.

The Reconciliation of the Fundamentals of Islamic Law: Al-Muwafaqat Fi Usul Al-Shari'a, Volume I:

The Reconciliation of the Fundamentals of Islamic Law: Al-Muwafaqat Fi Usul Al-Shari'a, Volume I: PDF Author: Ibrahim Ibn Al-Shatibi
Publisher: Ithaca Press (GB)
ISBN: 9781859643341
Category : Law
Languages : en
Pages : 0

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Book Description
A source of inspiration, moderation and renewal in fiqh.

The Reconciliation of the Fundamentals of Islamic Law - Volume 1 - Al Muwafaqat Fi Usul Al Shari'a

The Reconciliation of the Fundamentals of Islamic Law - Volume 1 - Al Muwafaqat Fi Usul Al Shari'a PDF Author: Ibrahim Ibn Musa Abu Ishaq Al Shatibi
Publisher: Independently Published
ISBN: 9781793182319
Category : Religion
Languages : en
Pages : 322

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Book Description
First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law (or al-Muwafaqat fi Usul Al-Sharai'a), written by Ibrahim ibn Musa Abu Ishaq al-Shatibi, was an innovation in Islamic jurisprudence. It was the first book to address the objectives of the shari'a. The difficulty that some may find in comprehending some of its parts may be attributed to the fact that it was the first time that the codification of the maqasid or objectives of the shari'a was undertaken. The book has been a source of inspiration, moderation, and renewal in fiqh. However, it deals with much more than the maqasid, and substantial research is needed to unravel its full contribution. The author described the contents of his book as follows: When the concealed secrets began to be revealed...I started collecting their unique meanings...I did this to the extent of my ability and strength, while elaborating the purposes of the Book (Qur'an) and the Sunna...organizing these precious gems and gathering these benefits into meanings that have re-course to the principles helping in their comprehension and attachment, and I merged them with the interpretation of principles of fiqh and organized them on a shining and radiant string. The resulting book is divided into in five parts: the fundamental concepts of the discipline; the ahkam (rules) and what is related to them; the legal purposes of the shari'a and the ahkam related to them; the comprehensive treatment of the adilla (evidences); and the rules of ijtihad and taqlid. This current Volume I - now available in paperback - covers the first two parts described above by the author