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Shari’ah and Common Law
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.
Asian Muslim Women
Presents multifaceted aspects of Asian Muslim womens lives and agencies. This book resists the homogenization of Muslim women by detailing the diversity in their lives and by challenging the dominant paradigm of Arabized Islam as the sole interpreter of the faith. Though much has been written on the Middle East, there is a huge gap in research on Asia, which has two-thirds of the worlds Muslim population. These essays reveal that the lives of Muslim women are impacted not only by Islam but also by local politics, class, religion, and ethnicity. Through ethnographic research and other methodologies, the contributors describe how economic globalization, construction of sexualities, and diasporic expectations shape womens lives. The book focuses on womens negotiations and resistances to global, national, and local patriarchies in an attempt to empower themselves. This books greatest strength is the diversity of its scope, both geographically and thematically, without reducing Muslim women to particular roles and/or identities. Bahar Davary, author of Women and the Quran: A Study in Islamic Hermeneutics
Covid-19 and Business Law
Harmonisation of law, a term that refers to an effort to bring two different legal traditions in harmony with one another, has developed a rather negative connotation over time when mentioned 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 ha...
Islamic Law in Malaysia
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...
Energy Justice
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