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Добірка наукової літератури з теми "Islamic legal system"

Автор: Grafiati

Опубліковано: 4 червня 2021

Оновлено: 20 лютого 2023

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Статті в журналах з теми "Islamic legal system"

1

Ibrahim, Mohamed, and Ahmad Hidayat Buang. "MALDIVIAN LEGAL SYSTEM: ISLAMIC INFLUENCE AND LEGAL REFORM." Jurnal Syariah 26, no. 1 (May 22, 2018): 71–98. http://dx.doi.org/10.22452/js.vol26no1.4.

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2

Ibrahim, Zakyi. "Consensus in the Islamic Legal System." American Journal of Islam and Society 33, no. 4 (October 1, 2016): v—x. http://dx.doi.org/10.35632/ajis.v33i4.937.

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Анотація:

All Muslims regard the Qur’an as authoritative. The Sunnah, on the otherhand, although authoritative to the majority of Muslims, does not enjoy suchuniversality.1Yet to the Sunnis and Shi‘ahs, both of them are so authoritativethat they are unquestionable sources of Islamic legal system. Thus, they aresources “from” which Islamic law is directly derived. So what makes “consensus”(ijmā‘: whether of the Muslim community or of the scholars) such acompelling candidate for an additional source of the legal system as far asSunnis are concerned? I contend that (1) the early jurists viewed this as thesafest way to inoculate and safeguard that system (and the other sources) fromindividual abuse and personal manipulation and that (2) without consensusand why it was originally construed and framed (notwithstanding how it wasapplied) by the jurists, the Qur’an and the Sunnah (despite their inherent religiousand theological authority) would be meaningless or inadmissible aslegitimate sources of law. But before I discuss consensus, I would like to addressthe two authoritative sources of law.All Muslims accept the Qur’an as God’s own words and therefore as themain source of the legal system (fiqh). Before the jurists began to deliberateand codify fiqh, the Shari‘ah was already embedded in the Qur’an and Muslimswere living their socio-religious and politico-economic lives in accordancewith its teachings. Therefore, when the jurists were ready to put thelaws into written form, they located all its original rules and expounded uponthem. However, universal recognition differs from universal agreement on themeaning of specific injunctions. In addition, it certainly differs from the claimthat the Qur’an covers every foreseeable legal injunction, for it does not.For a variety of reasons, the the Sunnah, does not enjoy any universal authority,among them (1) Some Muslims have questioned how the Prophet’steachings have been preserved and passed on, (2) classical and modern scholarshave raised serious doubts about the authenticity of certain hadiths, and ...

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3

Abbas, Indah. "Islamic Law in the Legal Political System." Al-Mizan 13, no. 2 (December 1, 2017): 156–84. http://dx.doi.org/10.30603/am.v13i2.875.

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This article discusses the history of the development of Islamic law in the legal political system in Indonesia. The problem discussed in this article is how the history of the phases of Islamic law in Indonesia and how the formation of Islamic law in the development of the political system in Indonesia. The results showed that: First, the history of the development of Islamic law in Indonesia, namely from the pre-colonial period of the Netherlands, the Dutch colonial period, the period of Japanese occupation, the period of parliamentary democracy, the old and new order periods, and the reform period; Second, the position of Islamic law in the development of national law in Indonesia plays an important role in the orderliness of the Indonesian people, especially Muslims and is used as material in the preparation of national law

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4

Adinugraha, Hendri Hermawan, Mukhtarom Mukhtarom, and Ali Muhtarom. "THE MU’ALAMAH DROPSHIPPING SYSTEM: ISLAMIC ECONOMIC PERSPECTIVE." OIKONOMIKA : Jurnal Kajian Ekonomi dan Keuangan Syariah 2, no. 1 (July 8, 2021): 12–23. http://dx.doi.org/10.53491/oikonomika.v2i1.62.

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This research aims to explain the mu’alamah dropshipping system from an Islamic economic perspective. This study uses a literature or library research method which is sourced from authoritative data and sources, such as books and journals that are still relevant to the focus and discussion of this research. The results of the study concluded that allowing transactions that continue to develop in progress in the economy as long as they do not violate and do not contradict Islamic principles, dropshipping transactions which have now become a custom in society are allowed as long as the perpetrator understands the procedures for transactions, because the system is vulnerable and leads to the cancellation of a contract, namely selling goods that do not belong to him, and the development of technology greatly influenced the development of legal edicts that urged them to be issued. However, on many sides, with the legal norms that have been summarized by previous scholars by looking at the equality of legal ‘illat, it can be found that fast and precise legal answers can be found to determine the law in every legal event for which there is no clear legal provision in al- Qur'an and as-Sunnah.

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5

Qonita, Nuha. "THE EMERGENCE OF LEGAL SYSTEM IN ISLAMIC FINANCE." JURISDICTIE 9, no. 1 (June 30, 2018): 72. http://dx.doi.org/10.18860/j.v9i1.5136.

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Анотація:

Legal system and jurisdiction take an important role in developing system or product innovation. The principle of Islamic financial transaction is recently elaborated in different frames of finance. It describes the challenge of Islamic finance in several countries which is linked with the perspective of stakeholders, consumer, industry, and the existing regulation. Various problems and recent decision making concept should be solved properly. This article aims to re-emphasize the rationality of Islamic finance regulation adjusted with consumer’s need. In some points, this study is used as the analysis on Islamic finance regulation. This is a study case categorized in qualitative research. The in-depth analysis is done on the basis of legal appeal in the court of Indonesia and is referred to Indonesian law about Islamic finance.

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6

Sukardi, Didik. "SYARI'AH BANKING LEGAL SYSTEM IN INDONESIA." International Journal of Law Reconstruction 2, no. 1 (March 1, 2018): 1. http://dx.doi.org/10.26532/ijlr.v2i1.2621.

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Socio-anthropological and emotional, Islamic law is very close to the people of Indonesia are Muslim majority, but it has historically Islamic law was known long before the colonists into Indonesia. Fatwa Majelis Ulama Indonesia or MUI on bank interest is haram has pushed aside the curtain of public oppression to liberation syari'ah, and gave birth to the implementation of the dual banking system in Indonesia, namely the operation of conventional banks and banks of the syari'ah, which is welcomed by the people of Islam in Indonesia

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7

Madelung, Wilferd, and Devin J. Stewart. "Islamic Legal Orthodoxy: Twelver Shiite Responses to the Sunni Legal System." Journal of the American Oriental Society 120, no. 1 (January 2000): 111. http://dx.doi.org/10.2307/604901.

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8

Qonita, Nuha. "POSITIONING ISLAMIC LEGAL THEORY IN THE DEVELOPMENT OF ISLAMIC FINANCE." JURISDICTIE 10, no. 1 (July 11, 2019): 18. http://dx.doi.org/10.18860/j.v10i1.7034.

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Анотація:

<p>Islamic finance continues to grow over the world, the development of technology plays a crucial role to support Islamic finance. The great innovation of technology may come to dig up the potential of Islamic financing, yet digital system needs for sharia compliance, both are in similar needs for sharia overviews regardless different opinions of ijtihad in this modern time. Emphasizing case by case of Islamic finance has been done by the sharia scholars in producing the new product of Islamic banking and financing. The Islamic jurisprudence however should consider the substence and maqasid form of sharia. The objective of this paper is to enlight some vital parts of Islamic legal theory as part of Islamic law in implementing sharia compliance. Furthermore, provide the role of legal system which takes a crucial place in implementing the system, it should be harmonized in the existing condition of Islamic finance. This paper is qualitative methods with deep analysis on Islamic legal theory among muslim scholars.</p>

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9

Khisni, Akhmad. "FINANCIAL INSTITUTIONS IN THE LEGAL SYSTEM OF ISLAMIC BANKING AND LEGAL DISPUTE SETTLEMENT." Jurnal Pembaharuan Hukum 5, no. 2 (August 6, 2018): 153. http://dx.doi.org/10.26532/jph.v5i2.3109.

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Анотація:

Islamic financial institutions in Indonesia are legalized in the governance of the banking law and in case of legal disputes become the absolute authority of the Religious Courts. Religious Courts readiness in responding to the development Islamic economics and resolve legal disputes are inevitable in the conduct of religious courts function as a legal institution, namely enforcement of certainty (juridical aspects) and justice (philosophical aspect), in addition to running the social aspects (sociological aspect). The position of Justice of religion as a social institution is dynamic, because of the exchange with the community dynamics that require the judge to explore, and understand the value of the law who live in the society. The implementation of Act No.3 of 2006 as amended by Act No. 50 Of 2009 regarding the Second Amendment to Act No.7 of 1989 concerning the Religious Courts, reinforced by Act No. 21 of 2008 concerning Islamic Banking. Institutional constraints faced by the Religious Court in handling cases Islamic economics is the law enforcement factors, factors of infrastructure, the judge in the religious courts appeared to be not effective due to the number of judges who have not been certified Islamic economy is still lacking, and the lack of educational and training of human resource development. In a more holistic approach to address the above problems, it is necessary reconstruction of the arrangement of the legal system and legal institutions and legal culture arrangement

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10

Sulthon, M. "INTEGRATION OF ISLAMIC SHARIA IN NATIONAL LEGAL SYSTEM." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 95. http://dx.doi.org/10.29300/mzn.v7i2.3425.

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Анотація:

The purpose of this study is to answer the formulation of the problem of how is the objective condition of Islamic law in the politics of law in Indonesia and to find a concept to integrate Islamic Islamic law into State law. The research method is qualitative with a normative, philosophical and sociological approach. Substantially, the idea of formalizing Islamic law in Indonesia cannot be maximized without adaptation and reform to Islamic law, namely through ijtihad and maslahat. Every text of the Al-Qur’an and hadith that contains the law must contain maslahat. So that maslahat is an attempt to explore the meaning of the text of the Al-Qur’an. Maslahat is operationally manifested in the form of ijtihad theories, for example; qiyas, maslahah mursalah, istihsan, syad al-zdari’ah and urf. Likewise, maslahat affirmation of laws that are not contained in the Al-Qur’an and hadith, can be confirmative and can also be negative. The identification of maslahat as the essence of maqashid al-sharia is based on 1) the texts of the Al-Qur’an, the majority of which are in the form of amar and nahyu, (2) Illat and wisdom found in al-Quran and hadith, (3) al-Istiqra’.

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Дисертації з теми "Islamic legal system"

1

Hassan, Hussein. "Contract theory : views from the Islamic legal system." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365481.

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2

Ahmad, Abu Umar Faruq, University of Western Sydney, College of Law and Business, and School of Law. "Islamic banking in Bangladesh." THESIS_CB_LAW_Ahmad_A.xml, 2002. http://handle.uws.edu.au:8081/1959.7/247.

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Анотація:

This study is primarily concerned with the theory of Islamic banking and its practice in Bangladesh, and shari’ah and its four sources forming the basis of Islamic banking are discussed at length. The research seeks to: analyse the theoretical foundations of Islamic baking and practice in Bangladesh; examine areas of similarity and differences between the structure and practices of Islamic banking and conventional banks; and identify the problems, challenges and prospects of Islamic banking in Bangladesh. The dissertation examines primary and secondary sources and draws on fieldwork in Bangladesh and the author’s personal experiences. The study undertaken shows that over the years there has been an expansion of Islamic banking in Bangladesh. Islamic banks are competing successfully with their conventional counterparts in an environment where rules, regulations and regulatory bodies are designed to facilitate banking based on interest. At the same time it has become apparent that the profit and loss sharing framework, which is one of the cardinal principles of Islamic banking, has yet to take deep root. The current profitability of Islamic banks is often maintained by products and services, which on closer analysis resemble broadly the products of conventional banking. It is thus suggested that more in depth research should be undertaken by Islamic bankers and scholars to study products and services of conventional banking with a view to adapting them successfully to the tenets of shari’ah.
Master of Laws (Hons)

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3

Setrakian, Aida Alice. "Armenians in the Ottoman legal system (16th-18th centuries)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99600.

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This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Armenian millet's legal structures were perhaps exaggerated or misunderstood by previous scholars. The second is that Islamic law was not as unfavourable to dhimmis as presumed and that the shari'a courts were adequate for their needs. Finally, the way the courts applied Islamic law was sometimes advantageous to certain dhimmis.

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4

Maranlou, Zahra. "Access to justice : what do Iranian women think about their law and legal system?" Thesis, University of Warwick, 2011. http://wrap.warwick.ac.uk/53808/.

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This study was conducted in Iran (Tehran) to assess perceptions of women with regard to access to justice. Its aims are firstly to provide original evidence about user perceptions of access to justice, and to contribute to related national/international debates and body of literature. The research reviews some of the literature in the field of access to justice to highlight similarities and gaps between contextual framework of Islamic and Western correlated legal concepts including definitional analysis in support of and/ or against access to justice model worldwide. Consideration was also given to a comparative framework for conceptualizing access to justice from Islamic Law perspectives. The research evaluates the historical development of access to justice in the Islamic Republic of Iran as a case study together with an analysis of barriers. The research also presents the findings of a survey study on women' perceptions (first study of its kind) in Iran conducted as a significant constituent of the thesis. The thesis concludes that existing Western models have excessively highlighted the need to strengthen state's institutions to provide 'access' to mechanisms of 'justice'. Access to justice as a complex phenomenon, however, incorporates various conceptions of 'justice' as an index for 'access' on one side and individuals as 'users of justice' on the other side. A distinctive conclusion is that 'legal empowerment' can provide wider 'access to justice' in Iran particularly for disadvantaged groups such as women.

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5

Mosmar, Mohammed Ghaith Ali. "Civil liability in the Jordanian Civil Code : a comparative study with the Shari'a." Thesis, SOAS, University of London, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267513.

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6

Audet, Eric. "The reforms of the Islamic legal system by the French in Morocco between 1912 and 1925 /." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59961.

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With the institution of the Moroccan Protectorate by the French in 1912, the military command had as its primary intention that of restoring law and order. Under the strong personality of the "resident general", Lyautey, a new era of "soft" political colonization was introduced in Morocco; brutish military conquests were followed by a certain cooptation process of the Moroccan elite. This association policy allowed the perception of real cooperation between the French and the Moroccans but was actually aimed at the tight regulation of the population. The efficiency of this regulation was achieved through its technocratic approach; it showed respect for the Moroccan Islamic traditions and its institutions.
This study analyses the French colonial policy in Morocco between 1912 and 1925 through the means of reforms introduced into the judicial Islamic system. The author compares the system's organization, its jurisdictions and its procedures before 1912, and their reforms throughout the 1912 to 1925 period, when Lyautey was in command.

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7

Mirzay, Fashami Ashkan. "An evaluation of the indicators of threat to auditor independence in an Islamic legal system: The case of Iran." Thesis, Queensland University of Technology, 2015. https://eprints.qut.edu.au/90735/4/Ashkan_Mirzay_Fashami_Thesis.pdf.

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This study aimed to assist in developing a more effective framework for regulating auditor independence practice in Iran, a non-IFRS country with an Islamic legal system. It investigated the following general research question: In order to increase auditor independence in a non-IFRS country with an Islamic legal system, what are the potential indicators of threats to auditor independence, and how should a regulator prioritise addressing these threats?

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8

Abbasi, Muhammad Zubair. "Sharī‘a under the English legal system in British India : Awqāf (endowments) in the making of Anglo-Muhammadan law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:c8588db9-b6a2-411b-98b2-35ba9a7a7011.

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This study analyses the treatment of Islamic law (Fiqh) under the English legal system by looking into the developments in waqf law in British India. It has the dual objective of analysing the impact of the English legal system upon Islamic law, and determining the role of various actors in this process. It argues that waqf law was transformed in order to fit into the state structure. The colonial state used the techniques of translation, adjudication, legislation and teaching in order to transform Islamic law. Adjudication was preferred over legislative codification as a mode of governance and rule making because of its flexibility. The translation of classical Islamic legal texts, the Hidāya and certain parts of the Fatāwā al-‘Ālamgīriyya, relieved English judges of the need for a reliance on local legal advisors. However, Muslim lawyers, judges, legal commentators, and some religious scholars (‘ulamā’) simultaneously collaborated and negotiated with, and resisted colonial administrators in the process of legal transformation. As adjudication was a preferred mode of transformation, legal commentaries played a crucial role in legal developments. A majority of legal commentators were Muslims, such as Ameer Ali, Abdur Rahim and Faiz Tyabji. They used their legal treatises to resist any colonial intervention in Islamic law. Although English educated Muslims replaced ‘ulamā’ as cultural intermediaries between the state and society, this did not eliminate the role of ‘ulamā’ as the custodians of Islamic law. They established closer links with society and issued fatāwā (legal opinions) on legal issues. Fatāwā were sought regarding every important aspect of waqf law, from the validity of family awqāf to the management of awqāf and the permissibility of awqāf of movables such as shares of companies. ‘Ulamā’ also lobbied for the enforcement of Islamic law in order to promote women’s rights of inheritance and to get a divorce. This study finds that Anglo-Muhammadan law was a product of interaction between various sections of Muslim society and colonial administrators. It reflected the socio-political context of colonial India and the process of negotiations between divergent interest holders. Despite replacing the traditional institutional structure, the overall legal system became more inclusive. It could interact with various stakeholders and represent them in the process of law making in order to respond to social change.

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9

Aleid, Abdulhamid Ibrahim A. "The Saudi legal system and its effect on electronic contract formation." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/108050/1/Abdulhamid%20Ibrahim%20A_Aleid_Thesis.pdf.

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This thesis examines the need for reform in the current Saudi law that governs electronic contracts. Traditional contracts are vastly different to electronic contracts, and uncertainties arise when the traditional principles of contract law are applied to the formation of online contracts. In Saudi Arabia, there is still great uncertainty in determining the applicable rule for the online environment and how it can be practically implemented. Overall, this thesis found that the legal system lacks sufficient clarity and predictability to support electronic contract formation. It recommends two important avenues for reform: applying a limited form of codification of Islamic law and more fully implementing provisions from international law into substantive contract law.

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10

Salh, Shamsalden Aziz. "A critical evaluation of the legal and Sharia aspects of the Iraqi Islamic banking system, using the case studies of Malaysia and Bahrain." Thesis, Bangor University, 2017. https://research.bangor.ac.uk/portal/en/theses/a-critical-evaluation-of-the-legal-and-sharia-aspects-of-the-iraqi-islamic-banking-system-using-the-case-studies-of-malaysia-and-bahrain(0753bf3a-dd6f-4b82-9afa-e08b176345ec).html.

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In Iraq, like other countries, the Islamic banking industry plays an important role in developing the country’s economic system. The Islamic banking industry of Iraq is regulated by the Islamic Banking Law, 2015. However, Iraq’s Islamic Banking Law of 2015 consists of an incomplete set of rules and regulations. The law does not contain certain fundamental elements such as the licensing requirements. In addition the law does not determine the highest Sharia body in case of Islamic banking problems. Thus, the Islamic banking industry in Iraq is also regulated by the Banking Law 2004 and the Central Bank Law 2004 but they do not make specific reference to Islamic banking. Therefore, the Islamic banking industry in Iraq faces challenges which are both legal and Sharia in character. In this context, the lack of a comprehensive Islamic banking legal framework and unclear relationship between the CBI and Islamic banks are the two main legal problems. Accordingly, the Islamic banking industry of Iraq is regulated by conventional laws and this may result ultimately in legal problems for the Islamic banking system. The Sharia challenge faced by the Islamic banking industry in Iraq is the lack of a proper Sharia framework. In effect, the Sharia supervision of the Iraqi Islamic banking system is not as robust as it should be. Thus, a central Sharia board does not exist and the individual Sharia supervisory boards of Islamic banks are not sufficiently strong because there is a shortage of qualified Sharia scholars to act as members of the Sharia supervisory boards of Islamic banks. In addition, the shortage of qualified Islamic banking experts is another important problem for the Islamic banking system of Iraq. The lack of Sharia scholars for the Sharia supervisory boards of Islamic banks and the lack of qualified staff to run the Islamic banking industry are the main human resource challenges faced by the Iraqi Islamic banking system. Thus, this thesis attempts to find solutions for these problems affecting the Iraqi Islamic banking industry. In this regard, the thesis considers the Islamic banking systems of both Malaysia and Bahrain. Both of these countries are developed and successful and each has a proper regulatory framework for its Islamic banking industry. In Malaysia, the Islamic Financial Services Act 3013 (IFSA) is a special law for the regulation of the Islamic financial sector including Islamic banks. Similarly in Bahrain, Volume 2-Islamic Bank is a set of regulations which govern Islamic banks. In addition, both countries have a proper Sharia regulatory and supervisory system because they have a sufficient number of Sharia scholars to supervise their Islamic banking business. Furthermore, many qualified Islamic banking experts can be found in Malaysia and Bahrain as those countries house universities and centres that offer Islamic banking degrees or courses. By drawing inspiration from the Malaysian and Bahraini Islamic banking industries, Iraq can develop and improve its own Islamic banking industry. This can be done by amending the Islamic Banking Law, 2015 and establishing a central Sharia board, similar to Malaysia’s Sharia Advisory Council. In addition, the Banking Law 2004 and the Iraqi Central Bank Law 2004 should be amended so as to cater more to the Islamic banking industry. It is the responsibility of the Central Bank of Iraq to resolve all problems that are faced by Islamic banks in the country. By drawing judiciously on the Bahraini and Malaysian experiences, CBI regulators will be able to reform the Iraqi Islamic banking industry and find solutions for both legal and Sharia challenges.

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Книги з теми "Islamic legal system"

1

Ahmad, Sharifah Suhana. Malaysian legal system. 2nd ed. Kelana Jaya, Selangor Darul Ehsan: Malayan Law Journal Sdn. Bhd., 2007.

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2

Ahmad, Sharifah Suhana. Malaysian legal system. Kuala Lumpur: Malayan Law Journal Sdn. Bhd., 1999.

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3

Orire, Abdulkadir. Shari'a: A misunderstood legal system. Zaria [Nigeria]: Sankore Educational Publishers, 2007.

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4

Islamic legal orthodoxy: Twelver Shiite responses to the Sunni legal system. Salt Lake City: University of Utah Press, 1998.

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5

Islamic law and legal system: Studies of Saudi Arabia. Leiden: Brill, 2000.

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6

Nielsen, Jørgen S., and Rubya Mehdi. Embedding Mahr (Islamic Dower) in the European legal system. Copenhagen, Denmark: DJØF Pub., 2011.

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7

Embedding Mahr (Islamic Dower) in the European legal system. Copenhagen, Denmark: DJØF Pub., 2011.

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8

Muslehuddin, Mohammad. Philosophy of Islamic law and the orientalists: (a comparative study of Islamic legal system). 3rd ed. Lahore: Islamic Publications, 1994.

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9

Khan, Suhrab Aslam. Islamic legal system for an ascendant social order: Methodology of reorganization. Rawalpindi: Ferozsons, 1996.

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10

Uthman, Mohammed Bello. Safeguarding women's rights under the sharia criminal justice system. Lagos, Nigeria: Gender and Development Action, 2004.

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Частини книг з теми "Islamic legal system"

1

Hassan, Abul, and Sabur Mollah. "Courting Change: Development of Islamic Legal System Could Bring Growth." In Islamic Finance, 209–16. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-91295-0_15.

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2

Vismara, Fabrizio. "Application of the Legal Principles of Islamic Finance to Our Legal System." In Contemporary Issues in Islamic Law, Economics and Finance, 193–202. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003155218-15.

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Bakhshizadeh, Marziyeh. "An Analysis of Possibility of Fulfilling Gender Equality Within the Legal System of the Islamic Republic of Iran (IRI)." In Law, Religion and Tradition, 43–70. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-96749-3_3.

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Yakar, Emine Enise. "Influence of legal and political systems." In Islamic Law and Society, 221–59. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003037637-6.

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Hoogervorst, Tom. "Legal diglossia, lexical borrowing and mixed juridical systems in early Islamic Java and Sumatra." In Islamic Law in the Indian Ocean World, 39–63. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003185741-3.

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"King and Scholars in Competition: Legislation." In Islamic Law and Legal System, 309–62. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_012.

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"Ijtihād as Law: Doctrines for Theory and Practice." In Islamic Law and Legal System, 33–82. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_006.

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"King and Scholars in Cooperation: The Case of Capital Crimes." In Islamic Law and Legal System, 222–78. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_010.

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"Scope for Qāḍī Ijtihād: The Saudi System of Appeals." In Islamic Law and Legal System, 83–117. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_007.

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"Conclusion." In Islamic Law and Legal System, 363–65. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_013.

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Тези доповідей конференцій з теми "Islamic legal system"

1

Islamiyati, Islamiyati, Rofah Setyowati, Dewi Hendrawati, and Ahmad rofiq. "Legal Renewal of Cash Waqf Law Through Legal System Approach." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289333.

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Pasaribu, W. B. F., K. Syafruddin, Suwarto, and A. Madiasa. "Rehabilitation System as Legal Protection Efforts for Victims of Narcotics Crime." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.223.

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Sulaiman, Siti Sarah, Izuan Izzaidi Azmi, Ainul Hafiza Zainudin, Su’aida Safei, and Ibtisam Ilyana Ilias. "My Murobbi App: An Alternative Method in Learning Malaysian Islamic Legal System." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010054600640067.

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Nur, Efa Rodiah. "Transformation of Islamic Values in the Development of the National Legal System." In 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201113.035.

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Martitah, Martitah, Slamet Sumarto, and Arif Hidayat. "The Existence of Customary Law and Islamic Law in the optics of the Indonesian Legal System." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303643.

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Vasetsova, Elena. "THE PLACE OF THE ORGANIZATION OF ISLAMIC COOPERATION IN COUNTERACTING INTERNATIONAL TERRORISM." In Globalistics-2020: Global issues and the future of humankind. Interregional Social Organization for Assistance of Studying and Promotion the Scientific Heritage of N.D. Kondratieff / ISOASPSH of N.D. Kondratieff, 2020. http://dx.doi.org/10.46865/978-5-901640-33-3-2020-278-282.

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The purpose of the article is to study the activities of the Organization of Islamic Cooperation (OIC) to eradicate international terrorism. OIC is actively working to create a legal framework for countering international terrorism. Agreements on a common understanding of measures to combat terrorism have been reached. However, the OIC member States should take more specific steps to implement a system of measures aimed at combating terrorism.

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Barlian, Aristo, and Bagas Heradhyaksa. "Judicial Pardon as a Reform of Indonesian Justice System (Comparison of Judicial Pardon System Through Various Legal Instruments)." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289446.

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Идрисов, Хусейн Вахаевич. "ON THE CONCEPT OF FIQH AND RESPONSIBILITY IN THE SYSTEM OF MUSLIM LAW." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Март 2021). Crossref, 2021. http://dx.doi.org/10.37539/vt190.2021.79.17.011.

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Статья посвящена правовой характеристике фикха и ответственности в мусульманской системе права. Перечислены этапы возникновения и развития фикха. В статье выявляется трехуровневая система наказаний по мусульманскому праву, элементами которой являются такие виды наказаний как: «худуд», «кисас» и «тазир». В заключении работы формулируется вывод о том, что фикх представляет из себя совокупность теоретических знаний об исламской вере и ее практических положений правоприменения (Шариат) на основе норм главных источников мусульманской системы права - Священного Корана и Сунны Пророка Мухаммада (да благословит его Аллах и приветствует). The article is devoted to the legal characteristics of fiqh and responsibility in the Muslim legal system. The stages of the origin and development of fiqh are listed. The article reveals a three-level system of punishments under Muslim law, the elements of which are such types of punishments as: "Hudud", "qisas" and "tazir". In conclusion, the article concludes that fiqh is characterized as a set of theoretical knowledge about the Islamic faith and its practical provisions of law enforcement (Sharia) based on the norms of the main sources of the Muslim legal system - the Holy Qur'an and the Sunnah of the Prophet Muhammad (peace and blessings of Allaah be upon him).

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Purwendah, Elly. "Precautionary Principle Through the Obligations of Marine Insurance for Oil Tankers in the Indonesian Legal System." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289415.

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Nuruzade, Shahla. "Sharia and its place in the daily life of Azerbaijanis." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-212-218.

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Анотація:

The article is dedicated to Islamic law, where Islamic norms and traditions are formed in Azerbaijan. Sharia is primarily a complex of Muslim law established by the Quran and Sunnah. Although Azerbaijan is a secular state, Azerbaijanis still follow Sharia law in everyday life.

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Звіти організацій з теми "Islamic legal system"

1

Lewis, Dustin, ed. Database of States’ Statements (August 2011–October 2016) concerning Use of Force in relation to Syria. Harvard Law School Program on International Law and Armed Conflict, May 2017. http://dx.doi.org/10.54813/ekmb4241.

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Many see armed conflict in Syria as a flashpoint for international law. The situation raises numerous unsettling questions, not least concerning normative foundations of the contemporary collective-security and human-security systems, including the following: Amid recurring reports of attacks directed against civilian populations and hospitals with seeming impunity, what loss of legitimacy might law suffer? May—and should—states forcibly intervene to prevent (more) chemical-weapons attacks? If the government of Syria is considered unwilling or unable to obviate terrorist threats from spilling over its borders into other countries, may another state forcibly intervene to protect itself (and others), even without Syria’s consent and without an express authorization of the U.N. Security Council? What began in Daraa in 2011 as protests escalated into armed conflict. Today, armed conflict in Syria implicates a multitude of people, organizations, states, and entities. Some are obvious, such as the civilian population, the government, and organized armed groups (including designated terrorist organizations, for example the Islamic State of Iraq and Syria, or ISIS). Other implicated actors might be less obvious. They include dozens of third states that have intervened or otherwise acted in relation to armed conflict in Syria; numerous intergovernmental bodies; diverse domestic, foreign, and international courts; and seemingly innumerable NGOs. Over time, different states have adopted wide-ranging and diverse approaches to undertaking measures (or not) concerning armed conflict in Syria, whether in relation to the government, one or more armed opposition groups, or the civilian population. Especially since mid-2014, a growing number of states have undertaken military operations directed against ISIS in Syria. For at least a year-and-a-half, Russia has bolstered military strategies of the Syrian government. At least one state (the United States) has directed an operation against a Syrian military base. And, more broadly, many states provide (other) forms of support or assistance to the government of Syria, to armed opposition groups, or to the civilian population. Against that backdrop, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) set out to collect states’ statements made from August 2011 through November 2016 concerning use of force in relation to Syria. A primary aim of the database is to provide a comparatively broad set of reliable resources regarding states’ perspectives, with a focus on legal parameters. A premise underlying the database is that through careful documentation of diverse approaches, we can better understand those perspectives. The intended audience of the database is legal practitioners. The database is composed of statements made on behalf of states and/or by state officials. For the most part, the database focuses on statements regarding legal parameters concerning use of force in relation to Syria. HLS PILAC does not pass judgment on whether each statement is necessarily legally salient for purposes of international law. Nor does HLS PILAC seek to determine whether a particular statement may be understood as an expression of opinio juris or an act of state practice (though it might be).

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Ossoff, Will, Naz Modirzadeh, and Dustin Lewis. Preparing for a Twenty-Four-Month Sprint: A Primer for Prospective and New Elected Members of the United Nations Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2020. http://dx.doi.org/10.54813/tzle1195.

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Анотація:

Under the United Nations Charter, the U.N. Security Council has several important functions and powers, not least with regard to taking binding actions to maintain international peace and security. The ten elected members have the opportunity to influence this area and others during their two-year terms on the Council. In this paper, we aim to illustrate some of these opportunities, identify potential guidance from prior elected members’ experiences, and outline the key procedures that incoming elected members should be aware of as they prepare to join the Council. In doing so, we seek in part to summarize the current state of scholarship and policy analysis in an effort to make this material more accessible to States and, particularly, to States’ legal advisers. We drafted this paper with a view towards States that have been elected and are preparing to join the Council, as well as for those States that are considering bidding for a seat on the Council. As a starting point, it may be warranted to dedicate resources for personnel at home in the capital and at the Mission in New York to become deeply familiar with the language, structure, and content of the relevant provisions of the U.N. Charter. That is because it is through those provisions that Council members engage in the diverse forms of political contestation and cooperation at the center of the Council’s work. In both the Charter itself and the Council’s practices and procedures, there are structural impediments that may hinder the influence of elected members on the Security Council. These include the permanent members’ veto power over decisions on matters not characterized as procedural and the short preparation time for newly elected members. Nevertheless, elected members have found creative ways to have an impact. Many of the Council’s “procedures” — such as the “penholder” system for drafting resolutions — are informal practices that can be navigated by resourceful and well-prepared elected members. Mechanisms through which elected members can exert influence include the following: Drafting resolutions; Drafting Presidential Statements, which might serve as a prelude to future resolutions; Drafting Notes by the President, which can be used, among other things, to change Council working methods; Chairing subsidiary bodies, such as sanctions committees; Chairing the Presidency; Introducing new substantive topics onto the Council’s agenda; and Undertaking “Arria-formula” meetings, which allow for broader participation from outside the Council. Case studies help illustrate the types and degrees of impact that elected members can have through their own initiative. Examples include the following undertakings: Canada’s emphasis in 1999–2000 on civilian protection, which led to numerous resolutions and the establishment of civilian protection as a topic on which the Council remains “seized” and continues to have regular debates; Belgium’s effort in 2007 to clarify the Council’s strategy around addressing natural resources and armed conflict, which resulted in a Presidential Statement; Australia’s efforts in 2014 resulting in the placing of the North Korean human rights situation on the Council’s agenda for the first time; and Brazil’s “Responsibility while Protecting” 2011 concept note, which helped shape debate around the Responsibility to Protect concept. Elected members have also influenced Council processes by working together in diverse coalitions. Examples include the following instances: Egypt, Japan, New Zealand, Spain, and Uruguay drafted a resolution that was adopted in 2016 on the protection of health-care workers in armed conflict; Cote d’Ivoire, Kuwait, the Netherlands, and Sweden drafted a resolution that was adopted in 2018 condemning the use of famine as an instrument of warfare; Malaysia, New Zealand, Senegal, and Venezuela tabled a 2016 resolution, which was ultimately adopted, condemning Israeli settlements in Palestinian territory; and A group of successive elected members helped reform the process around the imposition of sanctions against al-Qaeda and associated entities (later including the Islamic State of Iraq and the Levant), including by establishing an Ombudsperson. Past elected members’ experiences may offer some specific pieces of guidance for new members preparing to take their seats on the Council. For example, prospective, new, and current members might seek to take the following measures: Increase the size of and support for the staff of the Mission to the U.N., both in New York and in home capitals; Deploy high-level officials to help gain support for initiatives; Partner with members of the P5 who are the informal “penholder” on certain topics, as this may offer more opportunities to draft resolutions; Build support for initiatives from U.N. Member States that do not currently sit on the Council; and Leave enough time to see initiatives through to completion and continue to follow up after leaving the Council.

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