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De Gruyter Studies in Global Asia edited by Pervaiz K. Ahmed and Mahendhiran S. Nair, Monash University Malaysia The De Gruyter Studies in Global Asia series shines a multidisciplinary lens to explore issues facing Asia as it emerges on the global scene. It locates Asia in the global while simultaneously locating the global in the local. The interdisciplinary nature of the series brings into focus new directions and approaches at the intersection of society, science & technology and economics. Drawing on the social sciences, engineering, politics and economics and other disciplines, the series explores the complex dynamics taking places between and within regional blocks, nation states, indu...
This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems...
Harmonisation of law, a term that refers to the bringing together of two different legal traditions, has developed a negative connotation when considered in the context of Shari’ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge. One of the principal findings of this book is that Shari’ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari’ah and common law, which undoubtedly exist as evidenced in this book, are viewed with an appreciation of the commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process. This book is intended to help readers better understand Shari’ah and common law and aid harmonisation efforts when the need arises.
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 2 is Islamic Law and its Implementation in Asia and the Middle East.
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Beginning with the medieval period, this book collates and reviews first-hand scholarship on Muslims in the Middle East and South Asia, as noted down by eminent British travellers, sleuths and observers of lived Islam. The book foregrounds the pre-colonial and pre-Orientalist phase and locates the multi-disciplinarity of Britain’s relationship with Muslims over the last millennium to demonstrate a multi-layered interface. Going beyond familiar views about colonialism, travel writings and memsahibs without losing sight of the complex relations between Britain and Asian Muslims, this book will be of interest to academics working on British history, Imperial history, the study of religions, Shi’i Islam, Islamic studies, Gender and the Empire and South Asian Studies.
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
A practical guide for robust sharī'ah governance of the Islamic banking industry Debate in the market on the extent of sharī'ah compliance of Islamic banks, their products, and activities has piqued stakeholders' interest. In Foundations of Sharī'ah Governance of Islamic Banks, Karim Ginena and Azhar Hamid explore the depths of sharī'ah governance to unravel its mysterious dimensions, and equip academics and practitioners with a solid understanding of the subject, which has become a serious challenge and thus deserves dedicated attention. The authors make a strong case for the need to contain the sharī'ah risk that Islamic banks experience, and present a compelling argument for how this...
"As the world becomes increasingly globalized, a shared understanding of the various aspects of criminal justice becomes imperative. Drawing from countries across Africa, Asia and the Pacific, Europe, the Middle East, and the Western Hemisphere, this book is a go-to reference in comparative criminal justice studies"--
Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the Unite...