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Reprint of the original, first published in 1873.
This is the first work in the English language to deal specifically with the subjects of equity and fairness in Islamic law. Prof M H Kamali takes these concepts back to their origin in the Qur'an, the sayings of the Prophet Muhammad and the era of the Companions of the Prophet in the first two centuries of Islam. This is followed by discussions of equity as a basis for the formulation of Islamic law and a comparison between it and other concepts essential for law making such as general consensus, analogical reasoning and considerations of public interest. Part Two of Equity and Fairness in Islam is an attempt to apply the concepts of equity and fairness to certain issues of contemporary concern and especially to commercial transactions. The issues raised here are related to Islamic banking, sale transactions, charitable endowments, pensions funds and other long-term saving accounts. Equity and Fairness in Islam can be read in conjunction with M H Kamali's titles especially Islamic Commercial Law.
Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.
Reprint of the first English edition, based on the 12th American edition with notes on English decisions by W.E. Grigsby. Originally published: London: Stevens and Haynes, 1884. lxxiii, 1093 pp. "Probably the decisive factor in our reception of English equity was Story's Equity Jurisprudence. With much art (...) he made it seem that the precepts established by the decisions of the English Courts of Chancery coincided in substance with those of the Roman law as expounded by the civilians and hence were but statements of universal principles of natural law universally accepted in civilized states. If equity had been expounded to American judges and lawyers and students in the dry and technical fashion of the contemporary English treatises, we might have been sorely hampered in the development of American Law by a crippled equity. Story's sympathetic exposition of English equity (...) was the one thing needed to commend equity to our American courts and to counteract the forces that were working against it."-- Pound, The Formative Era in American Law 156-157 Apart from James Kent, no man has had greater influence on the development of American law than Joseph Story [1779-1845]. He was Dane Professor of Law at Harvard, where he played a key role in the growth of the school and the establishment of its national eminence, and an associate justice of the U.S. Supreme Court, where he was the author of several landmark decisions, such as Martin v. Hunter's Lessee. His many books, most notably the monumental work Commentaries on the Constitution (1833), have been cited extensively, and he remains an authority today.
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.