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Islamic Law

Issues in Islamic Law

Volume II

Contents: Introduction. Part I Islamic Family Law: Marriage in Islamic law: the modernist viewpoints, Majid Khadduri; Invalid and void marriages in Hanafi law, J.N.D. Anderson; Equality (kafÄ’ah) in the Muslim law of marriage, Farhat J. Ziadeh; Mahr: legal obligation or rightful demand?, Mona Siddiqui; Marriage-guardianship and minor’s marriage at Islamic law, Lucy Carroll; Polygamy in traditional and contemporary Islamic law, Doreen Hinchcliffe; Women and divorce: the position of the SharÄ«Ê»ah, Abdul-Fatah Makinde Ê¼Kola; A critical appraisal of ’triple divorce’ in Islamic law, Nehaluddin Ahmad; TafwÄ«á¸ al-á¹¬alÄq: transferring the right to divorce to the wife, Fareeha Khan; A husband’s authority: emerging formulations in Muslim family laws, Lynn Welchman. Part II Islamic Law of Succession: The role of pre-Islamic customs in the Islamic law of succession, M. Habibur Rahman; The Islamic inheritance system: a socio-historical approach, David S. Powers; The Qur’anic law of inheritance, Richard Kimber; Representational succession in contemporary Islamic law, N.J. Coulson. Part III Islamic Law of Financial Transactions: Negotiating contracts in Islamic and Middle Eastern laws, Mahdi Zahraa; Contracts in Islamic law: the principles of commutative justice and liberality, Hussein Hassan; The concept of musharakah and its application as an Islamic method of financing, Muhammad Taqi Usmani; Islamic laws on riba (interest) and their economic implications, M. Siddieq Noorzoy; The Islamic law of real security, Nicholas H.D. Foster. Part IV Islamic Criminal Law: Islamic criminal law and procedure: religious fundamentalism v. modern law, Matthew Lippman; The concept of á¸¥add in Islamic law, Fazlur Rahman; Effective legal representation in ’SharÄ«Ê»ah’ courts as a means of addressing human rights concerns in the Islamic criminal justice system of Muslim states, Mashood A. Baderin. Part V Islamic Judicial Procedure: Muslim procedure and evidence, J.N.D. Anders

Volume III

Islamic Law in Practice

Volume I

Islamic Legal Theory

Fifty years after Alan Watson's Legal Transplants: An Approach to Comparative Law, the concept of legal transplants remains central to comparative legal scholarship. Over time, the literature has expanded to explore how laws are drafted, interpreted, and understood across jurisdictions-revealing legal transplants as a complex and multifaceted phenomenon. This book offers a nuanced and balanced analysis of the evolution of legal transplants, engaging with both foundational texts and recent developments. It goes beyond traditional legal discourse to incorporate insights from other disciplines, including policy studies, cultural transfer, entangled history, and the diffusion of ideas. By doing so, it broadens the scope of the debate and encourages a more interdisciplinary approach to understanding how legal norms travel and take root. Importantly, the book makes a strong case for the continued relevance and effectiveness of legal transplants in modern lawmaking. While acknowledging valid criticisms, it challenges the notion that such concerns should lead to legal isolationism. Instead, it argues that legal transplants are not only common but often successful-and should remain a key tool for lawmakers seeking to innovate and reform.

An Interdisciplinary Approach

Legal Transplants

Harnessing Open Source Evidence in Kenya

Accountability for Human Rights Violations

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

Governing AI is about getting AI right. Building upon AI scholarship in science and technology studies, technology law, business ethics, and computer science, it documents potential risks and actual harms associated with AI, lists proposed solutions to AI-related problems around the world, and assesses their impact. The book presents a vast range of theoretical debates and empirical evidence to document how and how well technical solutions, business self-regulation, and legal regulation work. It is a call to think inside and outside the box. Technical solutions, business self-regulation, and especially legal regulation can mitigate and even eliminate some of the potential risks and actual harms arising from the development and use of AI. However, the long-term health of the relationship between technology and society depends on whether ordinary people are empowered to participate in making informed decisions to govern the future of technology - AI included.

A Primer

Governing AI

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Boundaries in Context

Asia-Pacific Trusts Law, Volume 3

This book explores the relationship between copyright law, online anonymity, and creative user-generated content (CUGC). Presenting original empirical findings, the book evaluates the co-existence of copyright law and normative systems regulating a CUGC landscape made up of artists, photographers, and writers, and makes novel recommendations for copyright reform. It takes a multi-jurisdictional approach across Anglo-American and EU legal systems, using the UK, USA, and Germany as representative jurisdictions for legal analysis. Qualitative findings are drawn from creators and communities on Reddit and 4chan. Copyright subsists in much CUGC, but pervasive anonymity makes it difficult for the law to regulate it effectively. Simultaneously, anonymity offers creative benefits in a way that highlights flaws in traditional justifications of copyright. Comparisons between community norms and copyright law identify practical differences but also fundamental compatibilities in terms of ownership expectations. However, the simultaneous existence of legal and normative enforcement mechanisms complicates matters for creators and potential users, with negative implications for creativity and copyright law. While existing reform efforts have made suggestions to create a UGC exception, these overlook and undermine the role of CUGC creators as copyright holders. This can be addressed through the consideration of a framework of supplementary CUGC guidelines when developing such reforms. This valuable resource for researchers and students provides a distinct perspective in framing CUGC creators as copyright holders, examining online anonymity as a pivotal factor influencing regulation.

Copyright and Anonymity in the Creative User-Generated World

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Advances In Research On Islamic Economics And Finance

The current state of dissatisfaction with economic issues are not due to primarily economic reasons, but instead, on how whole societies and communities have come to revolve only around the individual's well-being. Islamic Perspectives on a Moral Approach to Economics provides an overview of how followers of Islam think, earn, and treat others with whom they are doing business, and analyses how the moral climate is key for doing business in the Islamic economy and market. The book also discusses the concept of a moral market against that of the Islamic moral market, its advantages over the conventional market and moral market, and analyses its role in redistributive justice. Islamic Perspectives on a Moral Approach to Economics is a new and novel contribution to the global debate on how moral values and religion can increase behavior that reduce the state of selfishness currently prevalent in economic affairs.

Islamic Perspectives On A Moral Approach To Economics

This book discusses some of the most important issues facing administrative law and related doctrines. Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it. This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; 'lawfare'; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice. These topics have been central to the work and career of Matthew Groves. Readers interested in public law - whether practitioners, researchers or students - will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.

Issues in Islamic Law

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