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Sharia Law In Commercial And Banking Arbitration
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Book Synopsis Shari’a Law in Commercial and Banking Arbitration by : Abdulrahman Yahya Baamir
Download or read book Shari’a Law in Commercial and Banking Arbitration written by Abdulrahman Yahya Baamir and published by Routledge. This book was released on 2016-04-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of how commercial and banking disputes can be settled under the Islamic regime for arbitration. The work focuses on the Saudi legal system as representative of Shari'a law in commercial and banking arbitration, and where relevant, makes comparisons with the settlement of banking disputes in Egypt and the UAE. Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.
Book Synopsis Shari'a Law in Commercial and Banking Arbitration by : Abdulrahman Yahya Baamir
Download or read book Shari'a Law in Commercial and Banking Arbitration written by Abdulrahman Yahya Baamir and published by Ashgate Publishing Company. This book was released on 2010 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.
Book Synopsis Islamic Law and International Commercial Arbitration by : Maria Bhatti
Download or read book Islamic Law and International Commercial Arbitration written by Maria Bhatti and published by Routledge. This book was released on 2018-09-27 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
Book Synopsis Islamic Commercial Law by : Mohamed H Reda
Download or read book Islamic Commercial Law written by Mohamed H Reda and published by BRILL. This book was released on 2017-10-30 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Commercial Law: Contemporariness, Normativeness and Competence offers new perspectives on why for centuries Islamic commercial law has been perceived as arbitrary and unpredictable, and on its evolution to a contemporary, consistent, reliable and credible body of law. The book also examines why Western positivists have viewed Islamic commercial law in a simplistic or archaic religious framework and counters those arguments with an examination of its normative legal qualities. The work analyses the competencies of Fiqh (jurisprudence) for structuring new financial instruments, and restructuring conventional financial products more equitability.
Book Synopsis Sharia Law and the Arab Oil Bust by : Glenn Roberts
Download or read book Sharia Law and the Arab Oil Bust written by Glenn Roberts and published by Universal-Publishers. This book was released on 2007 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: The delayed development of the Islamic world, in defiance of the formulaic approaches long favored by economists, suggests that the traditional Sharia and Islamic values and principles are at least partially responsible for the region s persistent backwardness. By analyzing the impact of the legal regime of the Sharia on Saudi Arabia during the Arab Oil Bust of the 1980s, this thesis concludes that Islamic social values and the Sharia s de facto role as an uncodified pre-emptive Arab common law implemented with high regard to precedent by ulama with extraordinary power of judicial review had the effect of accentuating the effects of the Oil Bust, making the theory of the Petrocurse a subset of a larger Cost of Being Muslim. On the other hand, the author concludes that not only is the Sharia not constrained by its nature to playing a deleterious economic role, but that it has broad commercial application, both domestically and internationally, and a new generation of more flexible Muslim economists, lawyers, and financial theorists have pointed the way toward a possible comprehensive modern adaptation of Islamic laws and principles.
Book Synopsis Arab Commercial Law by : W. M. Ballantyne
Download or read book Arab Commercial Law written by W. M. Ballantyne and published by American Bar Association. This book was released on 2002 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text give the reader an analysis of existing law and predictions as to likely developments in the years to come with respect to six general topics relevant to the Arab world: Islamic law; corruption; privatization; arbitration; trade sanctions; and e-commerce. Most of the papers gathered here were first presented at a one-day conference in London on July 20, 2000, entitled Arab Commercial Law - into the Future (co-sponsered by England's Middle East Association and the Middle Eastern Law Committee of the American Bar Association's Section on International Law and Practice). Some chapters have been updated since to reflect events since the conference.
Book Synopsis Commercial Arbitration in Islamic and Iranian Law by : Sayed Hassan Amin
Download or read book Commercial Arbitration in Islamic and Iranian Law written by Sayed Hassan Amin and published by Hyperion Books. This book was released on 1988 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Practitioner's Guide to Arbitration in the Middle East and North Africa by : Essam Al Tamimi
Download or read book Practitioner's Guide to Arbitration in the Middle East and North Africa written by Essam Al Tamimi and published by Juris Publishing, Inc.. This book was released on 2009-09-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.
Book Synopsis International Financial Disputes by : Jeffrey Golden
Download or read book International Financial Disputes written by Jeffrey Golden and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.
Book Synopsis The Growth of Islamic Finance and Banking by : Hussain Mohi-ud-Din Qadri
Download or read book The Growth of Islamic Finance and Banking written by Hussain Mohi-ud-Din Qadri and published by Routledge. This book was released on 2019-08-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the recent literature concerning Islamic banking and finance (IBF), focuses on the history of IBF since its inception and introduces the latest innovative concepts and practices in the field. The authors cover important topics such as the role of ownership, Shari`ah compliance and governance structures in raising debt capital using IBF practices, including Fatwa issues and the use of benchmarking practices. The book also addresses topics like archival data, the influence of leverage on ownership structure, and sukuk structures, as well as misconceptions, threats, challenges and opportunities in IBF. Finally, the book deals with prominent issues such as business score-carding, Takāful (Islamic Insurance), IBF implications for block-chain-based fintech and finance hub concepts in Islamic microfinance models. This edited volume is an important contribution to the IBF literature as it provides a much-needed in-depth look into industry practices through the perspective of corporate finance and governance. With its interdisciplinary approach covering legal and financial issues along with a wide variety of notable contributors, this book will be a valuable reference guide to both teachers and students of Islamic banking and economics.
Book Synopsis Dispute Resolution in Islamic Finance by : Adnan Trakic
Download or read book Dispute Resolution in Islamic Finance written by Adnan Trakic and published by Routledge. This book was released on 2019-01-22 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.
Book Synopsis The Evolution of International Arbitration by : Alec Stone Sweet
Download or read book The Evolution of International Arbitration written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2017-02-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.
Book Synopsis The Idea of Arbitration by : Jan Paulsson
Download or read book The Idea of Arbitration written by Jan Paulsson and published by . This book was released on 2013-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.
Book Synopsis A Geo-Legal Approach to the English Sharia Courts by : Anna Marotta
Download or read book A Geo-Legal Approach to the English Sharia Courts written by Anna Marotta and published by BRILL. This book was released on 2021-12-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
Book Synopsis Research Handbook on Islamic Law and Society by : Nadirsyah Hosen
Download or read book Research Handbook on Islamic Law and Society written by Nadirsyah Hosen and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Book Synopsis Religion and the Death Penalty by : Erik Owens
Download or read book Religion and the Death Penalty written by Erik Owens and published by Wm. B. Eerdmans Publishing. This book was released on 2004-08-06 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Series Foreword p. viii Foreword Jean Bethke Elshtain p. x Preface p. xiii Contributors p. xvi Religion and Capital Punishment: An Introduction Erik C. Owens and Eric P. Elshtain p. 1 I Faith Traditions and the Death Penalty 1. Catholic Teaching on the Death Penalty: Has It Changed? Avery Cardinal Dulles, S.J. p. 23 2. Can Capital Punishment Ever Be Justified in the Jewish Tradition? David Novak p. 31 3. The Death Penalty: A Protestant Perspective Gilbert Meilaender p. 48 4. Punishing Christians: A Pacifist Approach to the Issue of Capital Punishment Stanley Hauerwas p. 57 5. The Death Penalty, Mercy, and Islam: A Call for Retrospection Khaled Abou El Fadl p. 73 II Theological Reflections on the Death Penalty 6. Categorical Pardon: On the Argument for Abolishing Capital Punishment J. Budziszewski p. 109 7. Biblical Perspectives on the Death Penalty Michael L. Westmoreland-White and Glen H. Stassen p. 123 8. Christian Witness, Moral Anthropology, and the Death Penalty Richard W. Garnett p. 139 9. Human Nature, Limited Justice, and the Irony of Capital Punishment John D. Carlson p. 158 10. Responsibility, Vengeance, and the Death Penalty Victor Anderson p. 195 III Personal Commitments and Public Responsibilities 11. The Death Penalty: What's All the Debate About? Frank Keating p. 213 12. Reflections on the Death Penalty and the Moratorium George H. Ryan p. 221 13. God's Justice and Ours: The Morality of Judicial Participation in the Death Penalty Antonin Scalia p. 231 14. Why I Oppose Capital Punishment Mario M. Cuomo p. 240 15. Capital Punishment: Is It Wise? Paul Simon p. 248 16. Facing the Jury: The Moral Trials of a Prosecutor in a Capital Case Beth Wilkinson p. 254 17. The Problem of Forgiveness: Reflections of a Public Defender and a Murder Victim's Family Member Jeanne Bishop p. 264 Afterword: Lifting New Voices against the Death Penalty: Religious Americans and the Debate on Capital Punishment E.J. Dionne Jr. p. 277 Index.
Book Synopsis Trade Usages and Implied Terms in the Age of Arbitration by : Fabien Gélinas
Download or read book Trade Usages and Implied Terms in the Age of Arbitration written by Fabien Gélinas and published by Oxford University Press. This book was released on 2016 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Trade Usages and Implied Terms in the Age of Arbitration', Fabien Gélinas, along with a distinguished group of leaders from the international community, provide a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world.
