Journal articles on the topic 'Causation (Islamic law)'

Continuous dialogue between Islamic law and its context of space and time necessitates the emergence of various methods of invention of Islamic law. This paper aims to map the diversity of the methods under some categorizations. The authors found that, at least, there are three models of methods of Islamic law invention, namely linguistic interpretation, causation, and adjustment. All are so strong in their trend of textual understanding of Islamic law that they potentially bring out epistemological problem, such as the law construction which is too idealistic so that it be not applicable, or vice versa. In that context, Safi offers a method of law invention called “integrated” model which is discovery-oriented blending of textual (normative-textual) and contextual analysis (social-empirical), so that Islamic law does not lose its relevance in the context contemporary society today.

In general, legal discovery refers to conducting legal searches when the statutory regulations are not regulated and are unclear. Legal discovery is not only based on the concept of positive law, but it also refers to Islamic concepts. This aims to find the law on an issue where the regulation is not yet regulated. Thus, inexistence and unclear issues in law become present and apparent. Legal discovery in Islamic concept is known as Ijtihad, an act and an effort to find, understand, and formulate Islamic Shari’ah ruling. Legal discovery in Islam is conducted using several methods including istinbat, interpretation, literal/linguistic, causation (ta’lili), and synchronization methodologies. Other methods of legal discovery are qiyas, istihsan, maslahah mursalah, istishhab, urf, mazhab shahabi which cannot be separated from the main sources of Islamic law, the Qur’an and hadith. Meanwhile, ra'yu and ijtihad are ways of thinking in understanding the Qur’an and hadith. These are to determine a problem where its nash has not been determined. The researchers employed library research in this study. The study examined the documents using secondary data and analyzed it using a qualitative method where the data are described in words, not numbers. In addition, the data collection is based on literature studies taken from books, journals, and internet sources related to legal discovery in the Islamic concept.

The Author has done his utmost to draw distinctions between the Iraqi civil law No. (40) of 1951 from one hand and the Islamic jurisprudence, the English common law and some other Arab comparative laws. Although the Iraqi civil law is affected by the Islamic jurisprudence, and borrows the term of guaranteeing the harmful act from the juristic maxims of this jurisprudence. But it adopts impliedly the concept of the fault in the first paragraph of the article (186), by stipulating the willfulness or encroachment of both the perpetrator and the abettor. Thus confusing between the system of the guarantee and that of the liability. Unlike the Islamic jurisprudence which adopts the idea of guaranteeing the harmful act, and distinguishes obviously between the guaranteeing of the perpetrator and that of the abettor. Or between the act done directly by perpetration and indirectly by causation, and does not recognize the idea of the fault. As far as the English common law is concerned, it adopts the fault-based liability as a general principle, the same is true for the Egyptian civil law No. 131 of 1948. Whereas both the Jordanian Civil Law No. 43 of 1976, and the Federal civil transactions law No. 5 of 1985 of the United Arab Emirates adopt the idea of guaranteeing the harm rather than the fault. The problem of the research lies in the confusion, embarrassment and perplexity in the situation of the Iraqi civil law concerning the basic element of the fault in the tortious liability. Therefore the author tries hard to solve confusion, remove both the embarrassment and perplexity by analyzing the true situation of the Iraqi civil law towards this basic element, and comparing it with the Islamic jurisprudence, which is considered as its original historical source, by which it is highly affected. As well as the English common law, considered as the leading legal system within the Anglo-American legal system, and different from the civil law system, led by the French civil code, by which the Iraqi civil law is indirectly affected, through being affected by the Egyptian civil law. The author suggests some relevant recommendations, the most important of which is thedistinction between the system of the liability and that of guaranteeing the harmful act, and adopt the former in the case of the damage done by perpetration, and the latter in the case of the damage done by causation.

This research examines the renewal of contextual Islamic law discovery methods that function to answer the challenges of the times and social dynamics. As an initial step in the reconstruction of fiqh, this research seeks to explain a solution offered by fiqh methods, namely a unified approach to shari'ah and social inference. In simple terms, this method seeks to bridge and integrate textual (normative) and contextual (historical-empirical) approaches. The basic assumption is that this effort will be beneficial for alternative methods of discovering Islamic law in this multi-cultural and religious era. This research is a literature study (library research) using a juridical, historical, and philosophical approach to answer the problems above. This study concludes that there are three methods of ijtihad, namely bayani (linguistics), ta'lili (qiyasi: causation), and istislahi (teleological). These three are common methods used in discovering and forming fiqh civilizations from time to time. By bringing empirical reality into the analysis of legal findings, there will be little guarantee that Islamic law in Indonesia can appear more creative and alive in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement. there will be little guarantee that Islamic law in Indonesia can appear more creative and live in the midst of modern social regulatory processes. As for the effort to renew the method of discovering Islamic law with a contextual approach in the form of historical and textual inference analysis, this is an ideal intellectual achievement

This article describes Islam’s theological approach towards disease transmission. Modern commentators, including many conservative Muslims, argue that Islam is theologically predisposed to deny disease transmission, particularly in the context of the plague, instead framing illness as non-communicable. Whether an individual contracts a disease, they claim, is a consequence of Divine Will, as the originator of that disease in the first place. No room exists for lesser causative factors, like contagion. However, a review of Islamic scripture and the pre- and early modern Muslim responses to it across regions as diverse as North Africa and Southeast Asia reveals a far richer and more complex understanding. While several ḥadīths do ostensibly deny contagion, Muslim jurists and medical practitioners have, far from reading these as denials of disease transmission in all its forms, positioned such statements alongside other ḥadīths acknowledging the reality of that phenomenon. Utilizing the theological principle of secondary causation, they have imparted congruence to these statements, creating a theological space in which disease can be passed from one host to another without compromising the integrity of the Divine Will. The recent COVID-19 pandemic foregrounds the importance of re-discovering and re-emphasizing these interpretations, especially as small yet persistent groups of Muslims refuse vaccination in the belief that God alone can protect them from illness. Such views arguably misunderstand Islamic teachings.

Background and Purpose: Consumers who suffer from injury or property damage due to the existence of a defect in a given product is entitled to bring a legal action in court based on product liability law provisions in Malaysia. This study aims to analyse the legal problems of strict civil liability in product liability law in Malaysia based on the Consumer Protection Act 1999 (Act 599) (hereinafter “CPA 1999”). Methodology: By applying a doctrinal approach based on qualitative methodology of legal research, this study involved a thorough analysis of the CPA 1999 as well as previous court cases. The findings of this study were analysed using content analysis and critical analysis methods in order to record the similarities and differences which exist, as well as to draw conclusions on the meaning and application of the said law. Findings: The findings prove that there are several weaknesses in the existing strict civil product liability provisions in Malaysia, which are still unresolved in terms of the meaning of product defect and proof of causation. Contribution: This paper recommends that any improvements on the legal provisions for strict civil liability under product liability law in Malaysia to be evaluated from a different perspective based on Islamic principles of product liability and the theory of Maqasid Syariah, which has rarely been analysed. Keywords: Causation, doctrinal, Maqasid Syariah, product liability, strict civil liability. Cite as: Mohd Shukri, M. H., Ismail, R., & Markom, R. (2020). A review of legal problems in Malaysian strict product liability law – Maqasid Syariah as a way forward. Journal of Nusantara Studies, 5(2), 239-260. http://dx.doi.org/10.24200/jonus.vol5iss2pp239-260

Virginity in fact has a variety of concepts, namely in Indonesia the concept of female virginity is that the blood membrane or hymen is still intact or a virgin concept in the presence of virgin blood. The concept is considered urgent in marriage so that it causes harassment which can disrupt the integrity and harmony of the household. The concept of virginity can be a syiqaq (disputes / disputes) so that stigma arises as reasons for canceling marriages. Regarding the cancellation of vulnerable marriages related to this issue is associated with KHI Article 72 paragraph (2), then about thereasons or reasons for divorce in KHI Article 116 letter f. This research shows that the concept of virginity undergoes a complex and sensitive evolution of law in social, cultural and religious life even in the household. The concept of virginity towards the annulment of marriage in the perspective of Islamic law and feminism presents causation, namely: (hifdz al-din) nurturing religion (by rectifying intentions in marriage and adding faith in oneself and soul to earnest in the purpose of marriage), (hifdz al-nafs ) nurturing oneself (the prohibition of approaching adultery,and the necessity of guarding the genitals and the view and prohibition of insulting the partner with allegations of dzolim), (hifdz al-nas / irdl) maintaining offspring and honor (by guarding and understanding the rules in marriage related to rights and obligations), (hifdz al-mal) preserves property (that the woman is jewelry, is clothing for the husband, vice versa, is the field for the husband, is the property and honor of the husband so that it must be safeguarded by disgrace), and (hifdz al -'aql) maintains the mind (the necessity to study as a means for men or women to open their mindset in understanding the life of the pern ikahan is a matter of sexual relations, needs healthy sexual education in order to avoid stigma or suspicion or anxiety that disrupts domestic life). Thus, it can control people's lives in accordance with the legal concept in order to rectify stigma speculation.

The result of this research is that exhibitionism actors can be caused by two factors, namely the first (internalinternal) factor, which is anfactor that comes from the actor's self which is seen from the psychological and biological side, the two (externalexternal) factors, namely thefactor. actors who can be influenced by the environment, there are no special factors that cause an exhibitionist because the causative factors depend on the condition of the actor and his environment. In Islamic Criminal Law exhibitionism is snared withpunishment, Ta'zir namely in accordance with the ijtihad judge's, the judge determines whether the perpetrator is guilty or not according to the conditions mentioned, in the Nash al-Qur'an and Hadith the punishment for exhibitionism has not been clearly regulated, because exhibitionist this is an issue that recently appeared or happened today and not yet known in ancient times because that sanctions exhibitionist according to the laws of this research includesresearch, empiricalwhereas the specification of this research is qualitative descriptiveanalysis,pedekatan main pursued is obtained through approaches with the law and approach to cases that occur in some areas. Keywords: Exhibitionist, Law Number 44 Year 2008 Pornography, Ta'zir

<p><em>The causative factors of the gender equality problem include misunderstanding social roles between men and women as a result of an incomplete understanding of Islamic law. This misunderstanding of gender equality results in unequal conceptions placing the positions of men and women in society.This article aims to the primary data sources in this article are the Qur'an text which outlines the gender equality issues in the Islamic law perspective. This article is a qualitative study with a normative juridical approach by describing and analyzing the concept of gender in the Qur'an and fiqh. The results of this study explain that Islam teaches equality between humans, both men and women. At least there are five principles of gender equality in Islam, men and women are both servants of Allah Swt, men and women are both caliphs of Allah, men and women both accept the primordial covenant, men (Adam) and women (Hawa) are both actively involved in the events of the cosmic creation, and men and women have the same potential for achievement. The Qur'an emphasizes the equal status of men and women in terms of fundamental rights as their existence as human and divine beings.</em></p>

This study examines the inconsistency of Tanah Datar District Head Regulation Number 48 of 2020 concerning the application of the Covid-19 protocol discipline with the principles of making legislation, both formal principles, namely: the principle of applicability and material principles, namely: the principle of openness, the principle of legal certainty. The two causative factors that influence the existence of inconsistency include the following internal factors: age factor, habit factor while external factors are as follows: educational factor, economic factor and work. The application of the Tanah Datar District Head's regulation Number 48 of 2020 concerning the application of the disciplinary protocol for the Covid-19 is not in accordance with the constitutional law of the Islamic state. Because in Islamic constitutional law it has been explained how the concept of implementing Islamic shari'ah is for us to obey the rules that have been made by the rulers or the government. However, in reality the community does not comply with the Tanah Datar District Regent Regulation Number 48 of 2020 concerning the application of the co-19 protocol discipline.

This Study discuss about violence in Household (domestic violence) in perspective maqashid sharia. This study employed a field research design utilizing qualitative and descriptive research methods as well as normative theology and juridical approach. The data sources in this research are primary data, secondary data and tertiary data. The result of this research show that : 1) Numerous causes, including communication, someone's character or behavior, jealousy, money, being married young, having the wrong idea about religion, emotions, and competition, are causative elements of violence in households. Putting this in perspective Maqashid Sharia has a significant impact on upholding someone's property, religion, soul, mind, and children because these are factors that can lead to further domestic violence; 2) Settlement efforts to resolve domestic violence are carried out by following the criminal procedural law system as regulated in Law Number 8 of 1981, concerning Criminal Procedure Law (KUHAP) and in imposing sentences based on Law No. 24 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), in this case the resolution efforts carried out by the Sungguminasa District Court are in line with the objectives of Islamic law, namely the protection of ensuring the 5 main principles in Islam, preserving religion, soul, mind, lineage and property.

In this critically insightful and highly readable book of political ethnogra- phy, Aisha Ahmad, a political scientist at University of Toronto, seeks to explain how and why Islamist movements continue to militarily prevail and politically succeed in forming proto-states, over clan, ethnic, and/or tribal based competitions, amidst the chaos and disorder of civil wars across the contemporary Muslim world, from Mali to Mindanao. To this end, Ahmad seeks to go beyond the usual expositions that center the explanatory power of Islamist ideologies and identities, which dominate the scholarly fields of political science, international relations, security studies as well as the global public discourse shaped by journalists, politicians, and the punditry of shouting heads everywhere. Through a deep, immersive study of power in Afghanistan and Soma- lia, Ahmad demonstrates the profoundly symbiotic relationship between Islamists and the local business class. While recognizing the interconnec- tions between violent conflict and illicit trade is nothing new, Ahmad’s explication of the economic logics of Islamist proto-states furnishes a nov- el two-stage dynamic to explain the indispensability and ubiquity of this Islamist-business alliance in conflict zones. The first is the gradual social process of conversion of the business class’ worldview and practice to align them with Islamist identity formations, which is “aimed at mitigating un- certainty and improving access to markets” (xvii). Alongside this long-term socialization is a second, short-term political-economic dynamic of rapid shift in the business class’s collective patronage of a new Islamist faction, based on the assumption that it will lower the cost of business. The for- midable alliance between business class interests and Islamist institutions brings forth the new Islamist proto-state. Chapter one of the book adum- brates this two-stage argument and offers justifications for the two case studies, namely the Taliban in Afghanistan and the Islamic Courts Union in Somalia. The second chapter unpacks the two-stage dynamic in detail. We learn that in modern civil wars across the Muslim world, business communi- ties intentionally adopt ardent Islamist identities as a practical means to- ward building trust and lowering cost. Islamist factions, aspiring toward hegemony, offer the possibility of economic relationships that transcend the ethnic boundaries which limit rival factions rooted in clan, tribal, or ethno-linguistic social formations. This leads to the second, faster conver- gence of business-Islamist interests, wherein the Islamist groups leverage their broader social identity and economic market to offer stronger secu- rity at a lower cost. This development of an economy of scale leads the local business elites to throw their financial support behind the Islamists at a critical juncture of militant competition. Once this threshold is met, Islamist factions rapidly conquer and consolidate territories from their rel- atively socially constrained rivals to form a new proto-state, like the Taliban regime and the Islamic Courts Union (ICU). When we look at the timeline of their development (the Taliban in 1994 and the ICU in 2006), we notice a similar length of gestation, about 15 years of war. This similarity may be coincidental, but the political-military threshold is the same. Both societ- ies, ravaged by civil war, reached a stalemate. At this critical juncture the positional properties of Islamist formations in the field of civil war factions gives the Islamists a decided economic (cost analysis) and social (trust building across clan/tribal identities) advantage. Chapters three to six examine each of the two processes for the se- lected sites of inquiry. Thus chapters three and five, respectively, explore the long-term Islamist identity construction within the smuggling industry in the Afghanistan-Pakistan borderland, and the Somali business elites’ gradual convergence with Islamists. In chapter four, Ahmad explores the second dynamic in the context of rising security costs during the Afghan civil war. Mullah Omar’s Taliban provided the order and security across the borderland that had previously eluded the variety of industries. This allowed the Taliban to expand on the backs of voluntary donations, rather than extortions like their rival tribal warlords, which in turn allowed them to recruit and retain more disciplined fighters (81). The source of these donations was the business class, especially those involved in the highly lucrative transit trade, which, before the rise of Taliban, paid immense op- portunity cost at the hands of rapacious local and tribal warlord fiefdoms and bandits. Instead of the multitude of checkpoints crisscrossing south- ern Afghanistan and the borderlands, the Taliban presented a simplified administration. While the rest of the world took notice of their repressive measures against women’s mobility, education, and cultural expression, the men of the bazaar appreciated the newly acquired public safety to ply their trade and the lowered cost of doing business. Chapter six, “The Price of Protection: The Rise of the Islamic Courts Union,” demonstrates a similar mutually beneficial Islamist-business relationship emerging out of the incessant clan-based militia conflicts that had especially plagued southern Somalia since the fall of the last national government in 1991. Businesspeople, whether they were tycoons or small business owners, had to pay two types of tax. First was what was owed to the local racket or warlord, and the second was to the ever-fragmenting sub-clan militias and their checkpoints on the intercity highways. Unlike their rival, the Transitional Federal Government (TGF), ICU forged their supra-clan institutional identity through a universalist legal discourse and practice rooted in Islamic law and ethics. They united the courts and their associated clan-based militias, including al-Shabaab. Ahmad demonstrates, through a synthesis of secondary literature and original political ethnogra- phy, the economic logics of ICU’s ability to overcome the threshold of ma- terial and social support needed to establish the rule of law and a far-reach- ing functioning government. If the Taliban and the ICU had solved the riddle of creating order and security to create hegemonic proto-states, then what was their downfall? Chapter seven gives us an account of the international interventions that caused the collapse of the two proto-states. In the aftermath of their de- struction, the internationally supported regimes that replaced them, de- spite immense monetary and military aid, have failed to gain the same level of legitimacy across Afghanistan and Somalia. In chapter eight, Ahmad expands the scope of analysis to North/Western Africa (Al-Qaeda in the Is- lamic Maghrib: AQIM), Middle East (Islamic State in Iraq and Syria: ISIS), and South Asia (Tahrik-i Taliban-i Pakistan: TTP). At the time of this book’s publication, these movements were not yet, as Ahmad posits, closed cases like the Taliban and the ICU. Thus, the data from this chapter’s comparative survey furnishes suggestive arguments for Ahmad’s larger thesis, namely that Islamist proto-states emerge out of a confluence of economic and security interests rather than mere ideological and identity politics. The epistemic humility of this chapter signals to this reader two lines of constructive criticism of some aspects of Ahmad’s sub- stantiation of this thesis. First, the juxtaposing of Islamist success against their clan-/tribal iden- tity-based rivals may be underestimating the element of ethnic solidarity in those very Islamists’ political success. The most glaring case is the Taliban, which in its original formation and in its post-American invasion frag- mentations, across the Durand Line, was more or less founded on a pan- or-tribal Pashtun social identity and economic compulsions relative to the other Afghan ethno-linguistic communities. How does one disaggregate the force of ethnic solidarity (even if it is only a necessary condition, rather than a cause) from economic calculus in explaining the rise of the Taliban proto-state? The second issue in this juxtaposition is that when we compare a suc- cessful Islamist movement against socially limited ethnocentric rivals, we discount the other Islamist movements that failed. Explanations for those Islamists that failed to create a proto-state along the lines of the ICU or the Taliban, such as al-Ittihad al-Islamiyya (Somalia) or Gulbuddin Hekmat- yar’s Hezb-e Islami (Afghanistan), needed to be more robustly taken into account and integrated into the substantiation of Ahmad’s thesis. Even in the section on ISIS, it would have been helpful to integrate the case of Jabhat al-Nusra’s (an al-Qaeda affiliate in Syria) inability to create a proto-state to rival ISIS. We must ask, why do some Jihadi Islamist movements prevail against each other and why do others fail? Perhaps some of these Islamist movements appear too early to scale up their operation (i.e., they precede Ahmad’s ‘critical juncture’), or they were too embroiled and too partisan in the illicit trade network to fully leverage their Islamist universalism to create the trust and bonds that are the first part of Ahmad’s two-stage dy- namic. Possible answers would need to complement Ahmad’s excellent po- litical ethnography with deeper quantitative dives to identify the statistical variations of these critical junctures: when does the cost of warlords and mafias’ domination outweigh the cost of Islamist-Jihadi movements’ social- ly repressive but economically liberating regimes? At which point in the social evolution of society during an unending civil war do identities forged by the bonds of blood give way to those imagined through bonds of faith? These two critical suggestions do not diminish Ahmad’s highly teach- able work. This book should be read by all concerned policy makers, schol- ars in the social sciences and humanities, and anyone who wants to go be- yond ‘culture talk’ historical causation by ideas and identity and uncover structuralist explanations for the rise of Jihadi Islamist success in civil wars across the Muslim world. It is especially recommended for adoption in cog- nate courses at the undergraduate level, for its combination of erudition and readability. Maheen ZamanAssistant ProfessorDepartment of HistoryAugsburg University

In this critically insightful and highly readable book of political ethnogra- phy, Aisha Ahmad, a political scientist at University of Toronto, seeks to explain how and why Islamist movements continue to militarily prevail and politically succeed in forming proto-states, over clan, ethnic, and/or tribal based competitions, amidst the chaos and disorder of civil wars across the contemporary Muslim world, from Mali to Mindanao. To this end, Ahmad seeks to go beyond the usual expositions that center the explanatory power of Islamist ideologies and identities, which dominate the scholarly fields of political science, international relations, security studies as well as the global public discourse shaped by journalists, politicians, and the punditry of shouting heads everywhere. Through a deep, immersive study of power in Afghanistan and Soma- lia, Ahmad demonstrates the profoundly symbiotic relationship between Islamists and the local business class. While recognizing the interconnec- tions between violent conflict and illicit trade is nothing new, Ahmad’s explication of the economic logics of Islamist proto-states furnishes a nov- el two-stage dynamic to explain the indispensability and ubiquity of this Islamist-business alliance in conflict zones. The first is the gradual social process of conversion of the business class’ worldview and practice to align them with Islamist identity formations, which is “aimed at mitigating un- certainty and improving access to markets” (xvii). Alongside this long-term socialization is a second, short-term political-economic dynamic of rapid shift in the business class’s collective patronage of a new Islamist faction, based on the assumption that it will lower the cost of business. The for- midable alliance between business class interests and Islamist institutions brings forth the new Islamist proto-state. Chapter one of the book adum- brates this two-stage argument and offers justifications for the two case studies, namely the Taliban in Afghanistan and the Islamic Courts Union in Somalia. The second chapter unpacks the two-stage dynamic in detail. We learn that in modern civil wars across the Muslim world, business communi- ties intentionally adopt ardent Islamist identities as a practical means to- ward building trust and lowering cost. Islamist factions, aspiring toward hegemony, offer the possibility of economic relationships that transcend the ethnic boundaries which limit rival factions rooted in clan, tribal, or ethno-linguistic social formations. This leads to the second, faster conver- gence of business-Islamist interests, wherein the Islamist groups leverage their broader social identity and economic market to offer stronger secu- rity at a lower cost. This development of an economy of scale leads the local business elites to throw their financial support behind the Islamists at a critical juncture of militant competition. Once this threshold is met, Islamist factions rapidly conquer and consolidate territories from their rel- atively socially constrained rivals to form a new proto-state, like the Taliban regime and the Islamic Courts Union (ICU). When we look at the timeline of their development (the Taliban in 1994 and the ICU in 2006), we notice a similar length of gestation, about 15 years of war. This similarity may be coincidental, but the political-military threshold is the same. Both societ- ies, ravaged by civil war, reached a stalemate. At this critical juncture the positional properties of Islamist formations in the field of civil war factions gives the Islamists a decided economic (cost analysis) and social (trust building across clan/tribal identities) advantage. Chapters three to six examine each of the two processes for the se- lected sites of inquiry. Thus chapters three and five, respectively, explore the long-term Islamist identity construction within the smuggling industry in the Afghanistan-Pakistan borderland, and the Somali business elites’ gradual convergence with Islamists. In chapter four, Ahmad explores the second dynamic in the context of rising security costs during the Afghan civil war. Mullah Omar’s Taliban provided the order and security across the borderland that had previously eluded the variety of industries. This allowed the Taliban to expand on the backs of voluntary donations, rather than extortions like their rival tribal warlords, which in turn allowed them to recruit and retain more disciplined fighters (81). The source of these donations was the business class, especially those involved in the highly lucrative transit trade, which, before the rise of Taliban, paid immense op- portunity cost at the hands of rapacious local and tribal warlord fiefdoms and bandits. Instead of the multitude of checkpoints crisscrossing south- ern Afghanistan and the borderlands, the Taliban presented a simplified administration. While the rest of the world took notice of their repressive measures against women’s mobility, education, and cultural expression, the men of the bazaar appreciated the newly acquired public safety to ply their trade and the lowered cost of doing business. Chapter six, “The Price of Protection: The Rise of the Islamic Courts Union,” demonstrates a similar mutually beneficial Islamist-business relationship emerging out of the incessant clan-based militia conflicts that had especially plagued southern Somalia since the fall of the last national government in 1991. Businesspeople, whether they were tycoons or small business owners, had to pay two types of tax. First was what was owed to the local racket or warlord, and the second was to the ever-fragmenting sub-clan militias and their checkpoints on the intercity highways. Unlike their rival, the Transitional Federal Government (TGF), ICU forged their supra-clan institutional identity through a universalist legal discourse and practice rooted in Islamic law and ethics. They united the courts and their associated clan-based militias, including al-Shabaab. Ahmad demonstrates, through a synthesis of secondary literature and original political ethnogra- phy, the economic logics of ICU’s ability to overcome the threshold of ma- terial and social support needed to establish the rule of law and a far-reach- ing functioning government. If the Taliban and the ICU had solved the riddle of creating order and security to create hegemonic proto-states, then what was their downfall? Chapter seven gives us an account of the international interventions that caused the collapse of the two proto-states. In the aftermath of their de- struction, the internationally supported regimes that replaced them, de- spite immense monetary and military aid, have failed to gain the same level of legitimacy across Afghanistan and Somalia. In chapter eight, Ahmad expands the scope of analysis to North/Western Africa (Al-Qaeda in the Is- lamic Maghrib: AQIM), Middle East (Islamic State in Iraq and Syria: ISIS), and South Asia (Tahrik-i Taliban-i Pakistan: TTP). At the time of this book’s publication, these movements were not yet, as Ahmad posits, closed cases like the Taliban and the ICU. Thus, the data from this chapter’s comparative survey furnishes suggestive arguments for Ahmad’s larger thesis, namely that Islamist proto-states emerge out of a confluence of economic and security interests rather than mere ideological and identity politics. The epistemic humility of this chapter signals to this reader two lines of constructive criticism of some aspects of Ahmad’s sub- stantiation of this thesis. First, the juxtaposing of Islamist success against their clan-/tribal iden- tity-based rivals may be underestimating the element of ethnic solidarity in those very Islamists’ political success. The most glaring case is the Taliban, which in its original formation and in its post-American invasion frag- mentations, across the Durand Line, was more or less founded on a pan- or-tribal Pashtun social identity and economic compulsions relative to the other Afghan ethno-linguistic communities. How does one disaggregate the force of ethnic solidarity (even if it is only a necessary condition, rather than a cause) from economic calculus in explaining the rise of the Taliban proto-state? The second issue in this juxtaposition is that when we compare a suc- cessful Islamist movement against socially limited ethnocentric rivals, we discount the other Islamist movements that failed. Explanations for those Islamists that failed to create a proto-state along the lines of the ICU or the Taliban, such as al-Ittihad al-Islamiyya (Somalia) or Gulbuddin Hekmat- yar’s Hezb-e Islami (Afghanistan), needed to be more robustly taken into account and integrated into the substantiation of Ahmad’s thesis. Even in the section on ISIS, it would have been helpful to integrate the case of Jabhat al-Nusra’s (an al-Qaeda affiliate in Syria) inability to create a proto-state to rival ISIS. We must ask, why do some Jihadi Islamist movements prevail against each other and why do others fail? Perhaps some of these Islamist movements appear too early to scale up their operation (i.e., they precede Ahmad’s ‘critical juncture’), or they were too embroiled and too partisan in the illicit trade network to fully leverage their Islamist universalism to create the trust and bonds that are the first part of Ahmad’s two-stage dy- namic. Possible answers would need to complement Ahmad’s excellent po- litical ethnography with deeper quantitative dives to identify the statistical variations of these critical junctures: when does the cost of warlords and mafias’ domination outweigh the cost of Islamist-Jihadi movements’ social- ly repressive but economically liberating regimes? At which point in the social evolution of society during an unending civil war do identities forged by the bonds of blood give way to those imagined through bonds of faith? These two critical suggestions do not diminish Ahmad’s highly teach- able work. This book should be read by all concerned policy makers, schol- ars in the social sciences and humanities, and anyone who wants to go be- yond ‘culture talk’ historical causation by ideas and identity and uncover structuralist explanations for the rise of Jihadi Islamist success in civil wars across the Muslim world. It is especially recommended for adoption in cog- nate courses at the undergraduate level, for its combination of erudition and readability. Maheen ZamanAssistant ProfessorDepartment of HistoryAugsburg University

Abstract: The development of payment system that is easier accessed by consumer makes the consumer feels that that they has been given the ease of meeting their needs such as vehicle or in this case car. It is uncommon for the consumer to think about the impact that will occur in the future when their rights are not fulfilled as consumer. Consumer Dispute Resolution Agency (BPSK) has the role of protecting the rights of consumer and businessmen through arbitrage, conciliation, and mediation. However, most of the dispute was strived to be resolved through mediation. BPSK can verify the default clauses specified by businessmen. The complaint related to the lost he experienced can be prepared in writing or verbally through BPSK. This study aimed to give education and illustration about the mediation of car financing in BPSK of Mataram City, to explain the causative factors of dispute in BPSK, and to explain mediation of car financing in BPSK of Mataram City according to Islamic Law Perspective. This study used qualitative method through case approach. Case approach is an approach that raising issues by observing some similar cases. At the end of the study, the stages of mediation dispute resolution for car financing based on positive law concept and Islamic law concept can be found since both concepts are prioritizing justice. However, BPSK adopted three stages called request, trial, and resolution while in Islamic law concept prioritized pillars and condition. Besides that, the causative factor of car financing dispute in BPSK is contract violation. Keywords: Mediation, Car Financing, Consumer Dispute Settlement Agency, Islamic LawAbstrak: Berkembangnya sistem pembiayaan yang sangat mudah di jangkau oleh konsumen, membuat konsumen merasa diberi keringanan khususnya dalam pemenuhan kebutuhan seperti kendaraan bermotor yang dalam hal ini mobil. Sehingga tidak jarang konsumen memikirkan dampak yang terjadi di kemudian hari ketika tidak terpenuhinya hak yangseharusnya didapatkan sebagai konsumen. Sehingga BPSK memiliki peranan dalam melindungi hak-hak konsumen ketika dirugikan yaitu dengan melakukan penyelesaian sengketa antara konsumen dan pelaku usaha, melalui arbitrase, konsiliasi maupun mediasi, namun diupayakan penyelesaian sengketa dengan cara mediasi. BPSK dapat memeriksa klausula baku yang dicantumkan oleh pelaku usaha. Pengaduan dapat dilakukan secara tertulis ataupun lisan melalui BPSK terkait kerugian yang dialaminya. Penelitian ini berujuan untuk memberi edukasi dan gambaran terkait mediasi dalam pembiayaan mobil di BPSK Kota Mataram. Menjelaskan faktor penyebab timbulnya sengketa di BPSK. Dan menjelaskan mediasi dalam pembiayaan mobil di BPSK Kota Mataram perspektif hukum Islam. Metode yang digunakan yaitu kualitatif, pendekatan yang digunakan dengan mengangkat isu-isu yang muncul dengan mengaati beberapa kasus oleh karena dengan metode tersebut dinamakan dengan pendekatan kasus atau dengan kata lain case approach. Sehingga tata cara pelaksanaan penyelesaian sengketa mediasi dalam pembiayaan mobil berdasarkan konsep hukum positif dan konsep hukum Islam dapat ditemukan melalui penelitian ini. Konsep tersebut sama-sama mengutamakan keadilan, namun di BPSK mengadopsi 3 tahapan, yaitu permohonan, persidangan dan putusan sedangkan dalam konsep hukum Islam mengutamakan rukun, syarat serta prinsip-prinsip dalam mediasi. Selain itu faktor dari timbulnya sengketa pembiayaan mobil di BPSK yaitu adanya cidera janji atau wanprestasi. Kata Kunci: Mediasi, Pembiayaan Mobil, Badan Penyelesaian Sengketa Konsumen, Hukum Islam

Mistakes in the treatment of patients are an inseparable part of medical field. However, diagnosing whether there is a causal effect between the physicians fault and the injury received by the patient is the complexity of cases related to medical offense. Islamic Penal Code 1392 has made basic changes not only by creating treatment liability and replacing physician fault theory instead of pure liability of the physician theory, but it also , concerning that the relation between causation and citation should hold distance from materialistic and philosophical controversies and thus heading a new approach by believing that the science of Law is formed on the basis of customary relations, has tried to use custom and the degree of reprehensibility of the criminal act and distance itself from philosophical controversies and bring the rule of causation closer to justice and fairness. The legislator of 1392 has made fundamental developments in this field such as accepting relative liability, the possibility of simultaneously invoking the crime to the director and the cause and the element of intention in relation to causation and accepting the omission of an act as the cause of a crime. In this study, with focus on the causal relation in the treatment liability and by investigating whether an issues such as the underlying disease, the physician's fault and also some omissions by the physician can be the causes of crime or not? We will evaluate these changes and the probable defects in this law.

453Procedure – Preliminary objections – Time limits – Special circumstances – ICSID Arbitration Rules, Rule 41 – ICSID Arbitration Rules, Rule 26(3) – Whether there were special circumstances for the State’s new evidence of alleged corruption to be considered as preliminary objections after the hearingProcedure – Corruption – Waiver – Laches – Acquiescence – Whether the doctrine of laches barred the State’s new evidence of corruption – Whether the State had waived or acquiesced to the alleged instances of corruptionEvidence – Corruption – Standard of proof – Indirect evidence – Circumstantial evidence – Whether the standard of proof for alleged corruption allowed for a tribunal to consider indirect or circumstantial evidenceEvidence – Corruption – Burden of proof – Whether the burden of proof shifted once prima facie evidence of corruption had been establishedEvidence – Corruption – Causation – Whether a party alleging corruption had to show that a benefit would not have been obtained but for the corrupt act – Whether an alleged act of corruption must concern foundational rights to impact upon a tribunal’s jurisdictionEvidence – Authenticity – Adverse inference – Whether a party’s refusal to allow the testing of a document’s authenticity invited an adverse inference of fabricationJurisdiction – Investment – Corruption – Attribution – Whether allegedly corrupt acts prior to the establishment of the investment were proved – Whether proven acts of corruption were attributable to the investorJurisdiction – Investment – Legality – Interpretation – Whether the BIT imposed a strict legality or formal admission requirement – Whether the retroactive invalidation of a contract was relevant to the legality of the investmentAdmissibility – Corruption – Causation – Whether improper conduct in the performance of the investment was proved – Whether proven acts of corruption were causally linked to any right or benefit obtained by the investor – Whether proven acts of corruption were attributable to the investorAdmissibility – Contract – Whether the existence of a contract under municipal law was a matter of admissibility or meritsState responsibility – Attribution – Territorial unit – Government officials – ILC Articles on State Responsibility, Article 4 – ILC Articles on State Responsibility, Article 7 – Whether the conduct of provincial authorities and their officials was attributable to the State454State responsibility – Attribution – Autonomous institution – Governmental authority – ILC Articles on State Responsibility, Article 5 – ILC Articles on State Responsibility, Article 8 – Whether the conduct of an autonomous development agency was an exercise of governmental authority – Whether an autonomous entity was directed or controlled by the StateFair and equitable treatment – Interpretation – Autonomous standard – Legitimate expectation – Whether the BIT referenced the minimum standard under customary international law or created an autonomous standard of treatment – Whether the standard protected the legitimate expectation of an investorFair and equitable treatment – Legitimate expectation – Contract – Regulatory framework – Specific assurance – Whether a contract gave rise to a legitimate expectation – Whether the regulatory framework gave rise to a legitimate expectation – Whether specific assurances of government officials gave rise to a legitimate expectation – Whether the investor’s legitimate expectation was breached by denying its application for a mining lease – Whether the State had executed a plan to take over the investment – Whether there were nevertheless legitimate reasons for the State to deny the application for a mining lease – Whether the application for a mining lease was denied on the basis of routine regulatory requirementsExpropriation – Indirect expropriation – Substantial deprivation – Regulatory power – Whether the measure resulted in substantial deprivation of value or rendered useless an investor’s rights – Whether the measure was a legitimate exercise of regulatory power – Whether the State complied with the criteria for lawful expropriationNon-impairment – Interpretation – Whether the State’s obligation not to impair investments was qualified by the words “subject to its laws” – Whether the absence of usual qualifications meant that any impairing measures were in breach of the standard – Whether the State’s measures were arbitrary, discriminatory or unreasonableCounterclaim – Jurisdiction – Consent – Municipal law – Standing – Whether the tribunal had jurisdiction to hear counterclaims – Whether consent to counterclaims was limited to treaty law or extended to contract and public law – Whether the State had standing to arbitrate the rights and obligations entered into by a territorial unit and its agencies under municipal lawCounterclaim – Legality – Interpretation – Whether a legality requirement in a treaty definition gave rise to any obligation of the investor with corresponding liability

Abstract This article approaches tort policy contextually, as an argument around actually available alternatives within a historically-specific legal tradition, like that of the United Arab Emirates (UAE), which combines French civil law influence with roots in Islamic law. The article examines alternative tunings of the requirements of tort liability, in view of cases where a technically sophisticated investigation is required to ascertain what precautions the tortfeasor might have taken to prevent injury. For this purpose, it takes as its point of departure a careful assessment of the availability of the “extraneous cause” exception in UAE law, which allows defendants to avoid liability by demonstrating the occurrence of a causal factor outside their sphere of control. To understand when this exception ought to be available, the paper engages in critical dialogue with French doctrines on tort liability, distinguishing a fault-based “subjective approach” from an “objective approach” (strict liability). These doctrines also speak to Arab jurisdictions that have adopted a civil code (like the UAE), modelled after the French one. The article therefore proceeds to situate the tort regime in the UAE Civil Code with respect to those French doctrines. With respect to these, the UAE Civil Code takes an intermediate position drawn from Islamic law. However, additional provisions, e.g. on liability for nuclear installations or for machinery of which a person is in charge, demonstrate a timid reception of the objective approach. The article proposes a reform of UAE tort liability on the basis of the objective approach, which is robust even in complex cases, where an investigation around causation would risk being inconclusive. Finally, the paper considers the additional possibility of arguing for a voluntary assumption of liability on the part of the tortfeasor, as yet another way of orienting tort liability in the UAE towards an objective approach.

The prologue is our starting premise. The Qur’an (2: 275) declares, “As for those who devour interest, they behave as the one whom Satan has confounded with his touch. Seized in this state they say: ‘Trade is but a kind of interest’, even though Allah has made trade lawful, and interest unlawful”. Keynes (1930, p. 368) picked up such wisdom of the inverse relationship between trade and interest and wrote, “The strenuous purposeful moneymakers may carry all of us along with them into the lap of economic abundance. But it will be those peoples, who can keep alive, and cultivate into a fuller perfection, the art of life itself and do not sell themselves for the means of life, who will be able to enjoy the abundance when it comes.” Such are the messages of moral highness and wisdom picked up in this paper. The fundamental point here is to establish the fact that the only way of phasing out interest rate from Islamic activities is to understand and implement the formalism of the inverse relationship that permanently exists between trade in the good things of life and the rate of interest as the impediment to the free flow of resources into such tradable activities. The central bank and commercial banks and fi nancial intermediaries as practitioners must understand this organic relational concept of intellection in relation to money and the real economy. The monetary system and the real economy with the financial instruments between would thus be shown to formalize the intellection paradigm – which indeed is a truly scientific revolution. The result is replacement of the fractional reserve requirement monetary system by the 100 per cent reserve requirement monetary system backed by the gold standard. Likewise, the organic relationships of such a monetary arrangement including its monetary policy and transmission mechanism would structurally change the nature of markets and its institutional relations and individual preferences. The result at the end will be a phased down interest rate regime into a trade-related one by the rise of the tradable relationships that are generated. The foundational methodology that enters this kind of organically relational worldview with the episteme of unity of knowledge (the divine law in Islam) provides the functional ontology of the socially and morally constructed money, production and real economy circular causation. It models the legitimacy of trade as the resource mobilization instrument, while rejecting interest as the permanent impediment of resource mobilization. Keywords: Monetary economics, Islamic economics and finance, Islamic political economy and world-system, social economics, ethics and economics.

Sharia banks are committed to growing with the potential and sharia market. But sharia banks also want to be pure sharia everywhere. One way is by spin off, but it turned out to be stagnant and not in accordance with the percentage of the sharia market in Indonesia. Sharia bank efficiency does not grow rapidly and profits are minimal when spin off. The aim of this research is to analyze the impact of bank spin-offs on Sharia bank compliance. This research method uses a causative qualitative method, based on qualitative data looking at the cause and effect relationship of a policy. To strengthen the results, deep structured open interviews were used from policy makers (BI), academics and Islamic bank spin-off actors. The results show that Spin off is a necessity as mandated by Law No. 21 of 2008, because on the one hand it wants to be a goal for halal Islamic banks in a big way. The impact is that banks that have been spun off will increase their sharia compliance more than UUS, even though the growth is not very significant and their business is not very efficient.