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The delayed development of the Islamic world, in defiance of the formulaic approaches long favored by economists, suggests that the traditional Sharia and Islamic values and principles are at least partially responsible for the region s persistent backwardness. By analyzing the impact of the legal regime of the Sharia on Saudi Arabia during the Arab Oil Bust of the 1980s, this thesis concludes that Islamic social values and the Sharia s de facto role as an uncodified pre-emptive Arab common law implemented with high regard to precedent by ulama with extraordinary power of judicial review had the effect of accentuating the effects of the Oil Bust, making the theory of the Petrocurse a subset of a larger Cost of Being Muslim. On the other hand, the author concludes that not only is the Sharia not constrained by its nature to playing a deleterious economic role, but that it has broad commercial application, both domestically and internationally, and a new generation of more flexible Muslim economists, lawyers, and financial theorists have pointed the way toward a possible comprehensive modern adaptation of Islamic laws and principles.
Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."
Reports findings of a December 1973 Jerusalem Symposium assessing the trauma among the world's Jews (and non-Jews) during and following the October war.
A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
I.B.Tauris in association with the Institute of Ismaili Studies Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs. In addition to tracing the history of sharia, the book offers a critique concerning its status today. Sharia is examined with regard to particular issues that are of paramount importance in the contemporary world, such as human rights; criminal penalties, including those dealing with apostasy, blasphemy and adultery, commercial transactions, and bio-medical ethics, amongst other subjects. The authors show that sharia is a legal system underpinned by ethical principles that are open to change in different circumstances and contexts, notwithstanding the claims for `transcendental permanence' made by Islamists. This book encourages new thinking about the history of sharia and its role in the modern world.
This book is about the transformation of Europe into "Eurabia," a cultural and political appendage of the Arab/Muslim world. Eurabia is fundamentally anti-Christian, anti-Western, anti-American, and antisemitic. The institution responsible for this transformation, and that continues to propagate its ideological message, is the Euro-Arab Dialogue, developed by European and Arab politicians and intellectuals over the past thirty years.--From publisher description.
I.B.Tauris in association with the Institute of Ismaili Studies Socrates famously said that the unexamined life is not worth living. In keeping with this dictum, taking ethics seriously means engaging with the real world where the human sense of right and wrong is daily tested. At their best, all faith traditions are challenged by such testing; and if faith-inspired ethics are thought to goven the whole of life, their guiding values need constantly to be interpreted by the believer to achieve a practical result. In the Muslim tradition, this is what the Qur'an really amounts to: a call to strive for belief with a social conscience. For fourteen centuries Muslim scholars have grappled with the implications of that call in matters of law, social practice and theology. And in our own time, the quests for civil society and the rule of law have much to do with the response given to these ethical questions. 'A Companion to Muslim Ethics' explores Islam's core conception of the good, shared with other great traditions. Leading experts examine issues such as gender equality, nonviolence, dispute resolution, the environment, health and finance. The volume will appeal to all those interested in how reason, faith and circumstance shape difficult moral choices in an increasingly globalised world.
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.
Lex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran. A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legal regime governing the upstream sector in the most important geographical region for the international oil and gas sector.
Uniting the best of Michael Fagel and Jennifer Hesterman's books in the fields of homeland security and emergency management, the editors of this volume present the prevailing issues affecting the homeland security community today. Many natural and man-made threats can impact our communities—but these well-known and highly respected authors create order from fear, guiding the reader through risk assessment, mitigation strategies, community EOC planning, and hardening measures based upon real-life examples, case studies, and current research in the practice. As terrorist attacks and natural disasters continue to rock the world, Soft Targets and Crisis Management emphasizes the vulnerability of soft targets like schools, churches, and hospitals, and presents the methodology necessary to respond and recover in the event of a crisis in those arenas. Features: Based on ASIS award-winning texts Provides a multi-faceted look at crisis management principles Offers community-specific examples for diverse locales and threat centers Includes up-to-date case studies on soft target attacks from around the world A must-read for security, emergency management, and criminal justice professionals, Soft Targets and Crisis Management: What Emergency Planners and Security Professionals Need to Know is a crucial text for practitioners seeking to make the world a safer place for others.