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ENGLISH

Risk Management In Islamic Finance - An Analysis Of Derivatives Instruments In Commodity Markets

by Muhammad Al-Bashir Muhammad Al-Amine

348,48€ + 10% CARD

 This study addresses derivatives instruments in Islamic finance. It highlights the benefits of these instruments, their legal aspects and the appropriate alternatives. The forward, futures and options contracts in commodity markets are discussed and the arguments in favour of and against these instruments examined. The forward contracts issue includes the possibility of trading gold in forward basis, the forward market for currencies and the possible alternative to manage related risks. With the examination of futures contracts, the main arguments against such a contract are addressed, for example the sale prior to taking possession and the sale of debt hedging and speculation. The study proposes khiyar al-shart and bay al-arbun as tools of risk management and alternatives to options. The sale of pure rights is at the center of the admissibility of options in Islamic law and is investigated comprehensively.
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Status Of Women Under Islamic Law And Modern Islamic Legislation

eBook 10%

ENGLISH

Status Of Women Under Islamic Law And Modern Islamic Legislation - Third Edition Of The Revised And Updated Work

by Jamal J. Nasir

262,35€ + 10% CARD

 This book is believed to be the first of its kind written by a renowned Muslim lawyer in the English language, and by an Arab author who is probably the leading authority writing in English in the subject of Islamic law (the Sharia), and modern Islamic legislation. There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fi lls an important gap left by recent and more general publications on Islamic law.The author has researched original Arabic and Islamic text books and reviewed legislation in the different Arab countries in order to present the most up-to-date information on the subject. It is hoped that this clear, objective account will dispel many of the commonly-held misconceptions about the status of Muslim women in the modern world. This book will provide an enlightenment and deeper understanding of the subject, not only for legal practitioners, but for all those concerned, or with an interest in the subject, particularly Muslim communities in non-Muslim countries, indeed non-Muslim women who may be, or indeed non-Muslim women who may be married to Muslims.
ENGLISH

Application Of Islamic Criminal Law In Pakistan - Sharia In Practice

by Tahir Wasti

357,75€ + 10% CARD

 No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.
ENGLISH

Rome Statute And Islamic Law - A Comparative Analysis With Special Reference To Saudia Arabia

by Majed Handi Alsolami

~~295,48€~~ 265,93€ 10% OFF

 This book examines in depth the degree of compatibility and incompatibility between the general principles and jurisdiction of Islamic law and international criminal law (the Rome Statute). It discusses the controversy related to the non-ratification of the Rome Statute by some Islamic and Arab countries. The author analyses arguments that maintain that Islamic law cannot be compatible with international criminal law, and makes it clear that there are no fundamental differences between the principles of Islamic law and the principles of international criminal law. The book considers Saudi Arabia as a case for reference.
ENGLISH

Legal Maxims In Islamic Law - Concept, History And Application Of Axioms Of Juristic Accumulation

by Necmettin Kizilkaya

303,43€ + 10% CARD

 The historical development and functions of legal maxims have not been studied within their context in contemporary scholarship. Especially in studies which examine legal maxims as a genre, this is mostly done in a bibliographical and descriptive manner. This leaves the question of why this genre has emerged in Islamic law. This study examines the legal maxims in terms of conceptual and historical development and their application. It analyses the subject from a viewpoint of cause-and-effect rather than examining it in a descriptive manner. Both handwritten manuscripts and printed legal maxims titles have been used for writing this book and the subjects are mostly examined based on primary sources. "This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Kose "Kizilkaya's book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre's development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq "In today's world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kizilkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir "In his important contribution to the literature in Islamic Legal Studies on the "maxim," which he characterizes as a type of "universal proposition," Kizilkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
ENGLISH

International Law And Islam - Historical Explorations

335,23€ + 10% CARD

 International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after 'generations of prejudiced writing' regarding the notable contribution of Islam to international law and its history.
ENGLISH

Arbitration And International Trade In The Arab Countries

by Nathalie Najjar

689,00€ + 10% CARD

 Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
ENGLISH

Islamic Commercial Law - Contemporariness, Normativeness And Competence

by Mohamed H. Reda

237,18€ + 10% CARD

 Islamic Commercial Law: Contemporariness, Normativeness and Competence offers new perspectives on why for centuries Islamic commercial law has been perceived as arbitrary and unpredictable, and on its evolution to a contemporary, consistent, reliable and credible body of law. The book also examines why Western positivists have viewed Islamic commercial law in a simplistic or archaic religious framework and counters those arguments with an examination of its normative legal qualities. The work analyses the competencies of Fiqh (jurisprudence) for structuring new financial instruments, and restructuring conventional financial products more equitability.
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Critique Of Creative Shari'Ah Compliance In The Islamic Finance Industry

eBook 10%

ENGLISH

Critique Of Creative Shari'Ah Compliance In The Islamic Finance Industry

by Ahmad A Alkhamees

233,20€ + 10% CARD

 Ahmad Alkhamees defines Creative Shari'ah compliance as compliance with the letter but not the objectives of Shari'ah. In recent years, Islamic finance industry practises have come under scrutiny, with strong critiques levelled against many institutions that claim to provide Shari'ah-compliant products and services, which in fact undermine the spirit and the objectives of Shari'ah. This book significantly contributes to the sphere of Islamic finance in three main ways. First, it critically appraises justifications of creative Shari'ah compliance practises. Second, it examines how Shari'ah supervisory board (SSB) governance practises, and the inconsistent fatwas issued by SSBs, contribute to the issue of creative Shari'ah compliance. Most importantly, it suggests regulatory mechanisms which regulators can employ in Islamic countries such as Saudi Arabia and in secular countries such as the United Kingdom to deal with the issue of creative Shari'ah compliance.
ENGLISH

Toward The Reform Of Private Waqfs - A Comparative Study Of Islamic Waqfs And English Trusts

by Hamid Harasani

226,58€ + 10% CARD

 Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust's law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
ENGLISH

Legal Maxims In Islamic Criminal Law: Theory And Applications

by Luqman Zakariyah

242,48€ + 10% CARD

 Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqasid al-Shari'ah), generally.
ENGLISH

Islam And International Law - Engaging Self-Centrism From A Plurality Of Perspectives

357,75€ + 10% CARD

 Islam and International Law explores the complex and multi-faceted relationship of international law and Islam both as a religion and a legal order. Current debates on Sharia, Islam and the "West" often suffer from prejudice, platitudes, and stereotypes on both sides. The present book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds. The volume thus brings together 20 contributions from scholars who cover pressing issues in fields such as the use of force in Islamic international law, Islam's contribution to the development of diplomacy and the rule of law, controversies as to the role of the individual, human rights and international criminal law, as well as Islamic visions of world order in a globalizing world. Contributors: Awn S. Al-Khasawneh, Asma Afsaruddin, Mohd Hisham Mohd Kamal, Necmettin Kizilkaya, Muhammad Munir, Labeeb Ahmed Bsoul, Khaled Ramadan Bashir, Harriet Rudolph, Irmgard Marboe, Abdulmumini A. Oba, Javaid Rehman, Lorenz Langer, Abdul Ghafur Hamid @ Khin Maung Sein, Mashood A. Baderin, Markus Beham, Matthias Cernusca, Maurits S. Berger, Gregor Novak, Muddathir Abdel-Rahim.
ENGLISH

Global Sukuk And Islamic Securitization Market - Financial Engineering And Product Innovation

by Muhammad Al-Bashir Muhammad Al-Amine

363,05€ + 10% CARD

 The Sukuk market is the fastest growing segment of international finance. The study explores the dimension of this market, its growth globally and the main Sukuk markets. The liquidity in this market, the main currency denomination, the subscription diversification, the subprime crisis effects and the dominant structures are elaborated. The difference between sovereign and corporate Sukuk, the benefits and reasons behind Sukuk issuance as well as the Shari'ah basis are analysed. Securitisation as the best way forward for Sukuk structuring is scrutinized. The study also discusses the various legal, Shari'ah, financial and operational risks facing Sukuk as well as the default controversies. Finally the book examines the methodologies in rating Sukuk and highlights the issues of Sukuk listing, Sukuk index and Sukuk fund.
ENGLISH

Competing Fundamentalisms And Egyptian Women'S Family Rights - International Law And The Reform Of Shari'A-Derived Legislation

by Jasmine Moussa

262,35€ + 10% CARD

 The debate surrounding women's family rights under Shari'a-derived law has long been held captive to the competing fundamentalisms of universalism and cultural relativism. These two conflicting perspectives fail to promote practical tools through which such laws can be reformed, without prejudice to their religious nature. This book examines the development of Egypt's Shari'a-derived family law, and its compatibility with international obligations to eliminate discrimination against women. It highlights the interplay between domestic reform processes, grounded in the tools of takhayyur, talfiq and ijtihad, and international institutions and mechanisms. In attempting to reconcile these two seemingly dissonant value systems, this book underscores the shortcomings of Egypt's legislation, proposes particular reforms, while simultaneously presenting alternatives to insular interpretations of international women's rights law.

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