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Toward the Reform of Private Waqfs
Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust's law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
Toward the Reform of Private Waqfs
Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
Reconsidering Religion, Law, and Democracy
How are Western, mostly secular, societies handling religion in its increasingly pluralistic and complex forms? In Reconsidering Religion, Law, and Democracy the authors study the interaction and negotiations between religious organizations and religious citizens on the one hand, and the state, the judicial system, the media, and secular citizens on the other. Religion has become increasingly visible in contemporary society and is, more often than before, recognized as a public matter and not merely a private issue. As such it presents new challenges or opportunities to scholarly research and to society at large. The contributors to this volume shed light on what follows when expressions of religion meet different spheres of society. The authors explicitly point to the need to develop a more comprehensive understanding of the roles played by religion in society today. By presenting case studies, fresh perspectives and new questions they suggest that deeper knowledge is best achieved by further, increasingly nuanced interdisciplinary research.
Rediscovery and Revival in Islamic Environmental Law
For the first time, Sharia' and common law are compared from the perspective of environmental law to delve into their common grounds.
Methods and Legal Comparison
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
Construction Law in the United Arab Emirates and the Gulf
Construction Law in the United Arab Emirates and the Gulf is an authoritative guide to construction law in the United Arab Emirates and the Gulf. The principal theme is the contrast between construction law in an Islamic civil law jurisdiction and construction law in a common law jurisdiction. • the first authoritative text on the application of the laws of the UAE • extensive extracts from the region's applicable laws, all translated from Arabic, and hundreds of judgments of the most senior courts used to back up the analysis provided
Editor & Publisher International Year Book
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