Islamic Commercial Law: Contemporariness, Normativeness and Competence: Brill's Arab and Islamic Laws Series, cartea 12
Autor Mohamed H. Redaen Limba Engleză Hardback – 15 noi 2017
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Specificații
ISBN-13: 9789004344419
ISBN-10: 9004344411
Dimensiuni: 155 x 235 mm
Greutate: 0.45 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Brill's Arab and Islamic Laws Series
ISBN-10: 9004344411
Dimensiuni: 155 x 235 mm
Greutate: 0.45 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Brill's Arab and Islamic Laws Series
Cuprins
Acknowledgments
Arabic Terms Glossary
Introduction
1 An Introduction to Islamic Law and Commerce: The Basics
1.1 What is “Islamic Law”? A Definition
1.2 Sources of Islamic Law
1.3 What is Islamic Commercial Law?
1.4 The Growth of the Islamic Commercial Industry in the ModernWorld
1.5 Out with the Old and in with the New: aaoifi and isda Uniform Law Developments
1.6 Law Merchant (“Lex Mercatoria”) as Conventional Uniform Trade Laws
1.7 The unidroit Principles as an Expression of Lex Mercatoria
1.8 The icc’s incoterms as an Expression of Lex Mercatoria
1.9 The Development of the Islamic Uniform Non-state Legal Standards in General and Before Major Reforms
1.10 The Accounting and Auditing Organization for Islamic Financial Institutions
1.11 The Standards vs. the Principles and incoterms
1.12 Further Reasons why the Standards are the Most Reliable and Credible Uniform Laws for the International Islamic Commercial Industry
1.13 The isda Tahawwut Master Agreement 2010
2 Are Islamic Commercial Laws Proper and Normative Laws? Or Simply “primitive” and “religious and moral codes”?
2.1 The Status Quo: Islamic Law in France
2.2 An Unsurprising Perspective: Consistency with Old Case Law
2.3 The Legal Nature of Islamic Law: A Background
2.4 Islamic Law as the Ultimate Normative Source of Laws: State Constitutions, Positive Law and Culture
2.5 Islamic Law’s Normativeness from Its Role in Muslim State Legal Systems
2.6 Islamic Law and Man Made Constitutions: Which is Normative?
2.7 Normativeness of Religious Laws in General
3 Competence by Encompassing
3.1 Maqasid Al Shari’a
3.2 Maqasid al Shari’a: Transcendental and Practical Justice
3.3 The Essential Rules Governing Fiqh al Mu’amalaat Based on Maqasid al Shari’a
3.4 The Distinctive Precepts of Islamic Contract Law: The Prohibition of Riba, Gharar, Maysir
3.5 Is Islamic Law’s Jurisprudence Unrealistic to Implement in Non-Muslim States? Riba, Gharar and Maysir in French Law
3.6 The Precept of the Prohibition of Gharar in French Law
3.7 The Precept of the Prohibition of Maysir in French Law
4 Does Islamic Commercial Law Have the Specific Competence to Govern Modern Complex Commercial and Financial Transactions?
4.1 Islamic Law “is of considerable controversy” and is Not Suitable for Modern Transactions: An Erroneous Perception
4.2 Complex Financial Transactions and Derivatives
4.3 Functions of Derivatives and General Problems
4.4 Aleatory Contracts: A False Sense of Security
4.5 The General Incompatibility of Conventional Derivatives with icl
4.6 Incompatible Conventional Derivatives with icl and Proposed Restructures
4.7 The Unilateral and Bilateral Wa’ad Contract: The Multipurpose Instrument
4.8 Contract Combinations: A Promising Future
4.9 The Progressive Proficiency of Islamic Law
Appendix: Al Azhar Fatwa
Bibliography
Index
Arabic Terms Glossary
Introduction
1 An Introduction to Islamic Law and Commerce: The Basics
1.1 What is “Islamic Law”? A Definition
1.2 Sources of Islamic Law
1.3 What is Islamic Commercial Law?
1.4 The Growth of the Islamic Commercial Industry in the ModernWorld
1.5 Out with the Old and in with the New: aaoifi and isda Uniform Law Developments
1.6 Law Merchant (“Lex Mercatoria”) as Conventional Uniform Trade Laws
1.7 The unidroit Principles as an Expression of Lex Mercatoria
1.8 The icc’s incoterms as an Expression of Lex Mercatoria
1.9 The Development of the Islamic Uniform Non-state Legal Standards in General and Before Major Reforms
1.10 The Accounting and Auditing Organization for Islamic Financial Institutions
1.11 The Standards vs. the Principles and incoterms
1.12 Further Reasons why the Standards are the Most Reliable and Credible Uniform Laws for the International Islamic Commercial Industry
1.13 The isda Tahawwut Master Agreement 2010
2 Are Islamic Commercial Laws Proper and Normative Laws? Or Simply “primitive” and “religious and moral codes”?
2.1 The Status Quo: Islamic Law in France
2.2 An Unsurprising Perspective: Consistency with Old Case Law
2.3 The Legal Nature of Islamic Law: A Background
2.4 Islamic Law as the Ultimate Normative Source of Laws: State Constitutions, Positive Law and Culture
2.5 Islamic Law’s Normativeness from Its Role in Muslim State Legal Systems
2.6 Islamic Law and Man Made Constitutions: Which is Normative?
2.7 Normativeness of Religious Laws in General
3 Competence by Encompassing
3.1 Maqasid Al Shari’a
3.2 Maqasid al Shari’a: Transcendental and Practical Justice
3.3 The Essential Rules Governing Fiqh al Mu’amalaat Based on Maqasid al Shari’a
3.4 The Distinctive Precepts of Islamic Contract Law: The Prohibition of Riba, Gharar, Maysir
3.5 Is Islamic Law’s Jurisprudence Unrealistic to Implement in Non-Muslim States? Riba, Gharar and Maysir in French Law
3.6 The Precept of the Prohibition of Gharar in French Law
3.7 The Precept of the Prohibition of Maysir in French Law
4 Does Islamic Commercial Law Have the Specific Competence to Govern Modern Complex Commercial and Financial Transactions?
4.1 Islamic Law “is of considerable controversy” and is Not Suitable for Modern Transactions: An Erroneous Perception
4.2 Complex Financial Transactions and Derivatives
4.3 Functions of Derivatives and General Problems
4.4 Aleatory Contracts: A False Sense of Security
4.5 The General Incompatibility of Conventional Derivatives with icl
4.6 Incompatible Conventional Derivatives with icl and Proposed Restructures
4.7 The Unilateral and Bilateral Wa’ad Contract: The Multipurpose Instrument
4.8 Contract Combinations: A Promising Future
4.9 The Progressive Proficiency of Islamic Law
Appendix: Al Azhar Fatwa
Bibliography
Index
Notă biografică
Mohamed H. Reda (LL.M) (2003) University of London, (LL.D) (2014) (Université de Montréal) is a qualified lawyer registered with the Egyptian Bar Association.