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This article describes the historical evolution and the current structure of the Islamic legal system in Malaysia. The structure of the modern Malaysian state has its roots in the region's colonial history. By the end of the nineteenth century the territory that comprises contemporary Malaysia had been subjected to British colonial authority. The British did not, however, rule the region as a single colonial unit. In the directly ruled colonies most matters were governed by English common law, and while Islamic doctrine governed family law, it was applied by colonial courts that were staffed by British or British-trained judges. In the colonies subject to indirect rule an English resident exercised authority over matters of British interest while Malay sultans retained their hereditary titles, and local courts exercised the sultan's authority in matters of Malay adat (custom) and Islam. When the state of Malaysia was created in 1957, the constitution established a federal structure that reflected the pluralistic colonial system. Malaysia is currently comprised of 13 states and three federal territories. Under the constitution, most areas of life are governed by a uniform body of federal law applied by a system of national courts. However, the constitution grants the states the power to apply a version of Islamic law on certain topics enumerated in the constitution, and to create Shari'a courts to adjudicate disputes involving Muslims relating to matters of Islamic law. The subjects included within the states' legislative power include, in addition to personal law and matters related to religious practice, offenses deemed to be against the precepts of Islam. All of the states have exercised the powers granted by the constitution to legislate on matters related to Islam, and every state has established Shari'a courts to adjudicate disputes based on Islamic legislation. A constitutional amendment approved in 1988 eliminated the power of civil courts to hear appeals from decisions of the Syariah courts. At the same ...

Muhammad (PBUH) before prophethood (570/571-610 A.D.) -- Muhammad (PBUH) as prophet (610-632 A.D.) -- Holy Qur'an (610-650 A.D.) : revelation, compilation, and tenets -- Caliphs of Mecca and Medina (Rashidun) (632-661 A.D.) -- Umayyad Caliphate (661-750 A.D.) -- Abbasid Caliphate (750-1258 A.D.) -- Crusades (1095-1272 A.D.) -- Sunni - Shiite split (632-680 A.D.) -- Shiism and its Imams (680-940 A.D.) -- Ottoman Turkish Empire (11th Century-1923 A.D) -- Moghul Indian Empire (1504-1857 A.D.) -- Fundamental sources : holy Quran and Sunnah -- Secondary sources : Ijmaʻ and Qiyās -- Controversial additional sources -- Five pillars of Islam -- Four Sunnite Schools -- Islam and capitalist economic growth -- Property law : ownership and property -- Property law : public property, private property, and possession -- Property law : protecting and restricting private ownership -- Contract law : general principles and contract formation -- Contract law : types of contracts -- Contract law : performance, terms, and remedies -- Business associations law : traditional types of partnership -- Business associations law : modern partnerships and agricultural ventures -- Banking law : risk (Gharar) -- Banking law : Interest (Ribā) -- Banking law : legal devices (Hiyal) and prohibition on interest (Ribā) -- Finance (Tamweel) : Islamic bonds (Ṣukūk) and securitization -- Finance (Tamweel) : types and risks of Islamic bonds (Ṣukūk) -- Finance (Tamweel) : insurance (Takaful) and transfers (Hawālah) -- Finance (Tamweel) : innovative instruments and markets -- Marriage and divorce -- Polygamy and mixed marriages -- Rights of wife -- Women and clothes -- Women and work -- Rearing children -- Contraception -- Abortion -- Wills (Waṣāyā), charitable trusts (Waqfs), and euthanasia -- Law of succession -- Key concepts -- Claims of God (Haqq Allāh) : sex crimes -- Claims of God (Haqq Allāh) : drinking and stealing -- Claims of God (Haqq Allāh) : converting and religious freedom -- Private claims (Haqq Allāh) -- Law of war -- Jihad (struggle) -- Terrorism

Muslims living in a secular, liberal democratic state face a fundamental dilemma: reconciling the obligation to live according to Shari'a with their civic duty to follow secular laws. Muslims attempt to resolve this dilemma in a number of ways. Some enter public office and try to influence the generally applicable laws of their country. Others advocate greater legal pluralism, thus allowing Muslims to settle certain disputes under Islamic law. In Canada, for example, the Islamic Institute for Civil Justice ("IICJ") announced plans to create Shari'a tribunals and claimed that it would begin arbitrating family and commercial disputes according to Islamic law. Other Muslims incorporate the laws of Shari'a into their daily affairs and attempt to structure their private and professional lives in accordance with the values of their faith. Through contract law, Muslims can arrange marriages, divorces, child custody disputes, financial investments, wills, and professional relationships in accordance with Islamic law. In this way, Muslims can accomplish their dual obligation: to abide by Shari'a and to help ensure that other Muslims do so as well. Judicial interpretation and enforcement of contracts that incorporate religious law, however, can raise constitutional problems, especially when the religious law is unfamiliar to most U.S. judges. Consider the following two examples. Two parties draft a contract in which the buyer agrees to purchase ten bushels of wheat from a farmer. The contract authorizes the farmer to deliver the wheat in two months time, and the buyer agrees to pay the market price for the wheat at the time of delivery. The contract stipulates that Shari'a governs the rights and obligations of the two parties. A month before the anticipated wheat harvest, the price of wheat increases and the buyer wishes to void the contract, arguing that the contract violated the prohibition of gharar (uncertainty) because it did not specify the price for the wheat. The seller disagrees and sues the buyer for breach of ...

In many countries today, including the Southeast Asian nations of Indonesia, Malaysia, and Singapore, governments regulate some aspects of Muslim life according to Islamic law. The administration of Islamic law in these states is carried out by modern courts that are structured differently and staffed by different types of figures than were earlier institutions for the implementation of Islamic law. Prior to the modern era, courts tasked with the job of resolving cases according to Shari'a were staffed by judges with a particular type of training, and litigants appearing before these judges were generally not represented by a specialized class of lawyers. In the modern era, Shari'a courts have undergone radical changes in many countries. Modern Shari'a court judges are trained to find Islamic rules of a decision in ways that differ significantly from that of classical jurists. To varying degrees, these judges are also taught to apply Shari'a law in a manner similar to that of judges who apply non-religious law outside the Islamic court system. At the same time decisions are rendered in an environment in which litigants who appear before these judges are increasingly coming to be represented by lawyers who advise on questions of law and procedure, advocate for them and appeal cases. These differences in both training and professional practice affect the way in which the court engages with the Islamic tradition and thus affects the way that Islamic law is interpreted and applied. This article argues for new attention to be paid to the educational backgrounds and professional practice of the judges and lawyers who work in Shari'a courts to further our understanding of the practice of Islamic law in contemporary societies.

This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority

The study aims to determine what instruments supporting local food systems (LFS) are implemented in US law. To achieve this goal, the most important regulations supporting LFS, issued at federal, state, and local levels, drawn from various fields, were analysed, including food safety law, zoning law, tax law, and federal programs. The provisions are discussed in relation to the key elements of LFS: direct marketing, farmer's markets, community-supported agriculture, urban agriculture, and agritourism. The study shows that US law lacks a systematic approach to legal support for LFS. However, important legislative tools supporting LFS can be identified. These include exemptions from certain food safety requirements for direct farm marketing, a food sales tax exemption established by certain states, relevant local zoning laws encouraging urban agriculture and farmers' markets, as well as local laws on public procurement prioritizing local food. The most visible support, designed specifically for LFS, are federal programs offering financial grants.

The study aims to determine what instruments supporting local food systems (LFS) are implemented in US law. To achieve this goal, the most important regulations supporting LFS, issued at federal, state, and local levels, drawn from various fields, were analysed, including food safety law, zoning law, tax law, and federal programs. The provisions are discussed in relation to the key elements of LFS: direct marketing, farmer's markets, community-supported agriculture, urban agriculture, and agritourism. The study shows that US law lacks a systematic approach to legal support for LFS. However, important legislative tools supporting LFS can be identified. These include exemptions from certain food safety requirements for direct farm marketing, a food sales tax exemption established by certain states, relevant local zoning laws encouraging urban agriculture and farmers' markets, as well as local laws on public procurement prioritizing local food. The most visible support, designed specifically for LFS, are federal programs offering financial grants.

part PART I GENERAL PRINCIPLES OF INTERNATIONAL LAW -- chapter 1 Islam and the Modem Law of Nations -- chapter 2 Siyar-ization and Its Discontents: International Law and Islam's Constitutional Crisis -- chapter 3 The Role of Islamic Law in the Contemporary World Order -- chapter 4 Islam and International Law: Toward a Positive Mutual Engagement to Realize Shared Ideals -- chapter 5 Islam and International Law -- part PART II INTERNATIONAL USE OF FORCE -- chapter 6 Views of Jihad Throughout History -- chapter 7 The Islamic Perception of the Use of Force in the Contemporary World -- chapter 8 Is There an Islamic Ethic of Humanitarian Intervention? -- part PART III INTERNATIONAL HUMANITARIAN LAW -- chapter 9 As-Salamu 'Alaykum? Humanitarian Law in Islamic Jurisprudence -- chapter 10 Islam and International Humanitarian Law: From a Clash to a Conversation between Civilizations -- part PART IV INTERNATIONAL TERRORISM -- chapter 11 Is Osama bin Laden's "Fatwa Urging Jihad Against Americans" dated 23 February 1998 Justified by Islamic Law? -- chapter 12 Violence, September 11 and the Interpretations of Islam -- part PART V INTERNATIONAL PROTECTION OF DIPLOMATS -- chapter 13 Protection of Diplomats under Islamic Law -- part PART VI INTERNATIONAL ENVIRONMENTAL AND WATER LAW -- chapter 14 Islam and Environmental Ethics: Tradition Responds to Contemporary Challenges -- chapter 15 Can there be Confluence? A Comparative Consideration of Western and Islamic Fresh Water Law -- part PART VII UNIVERSALITY OF HUMAN RIGHTS -- chapter 16 Islamic Law/Shari'a, Human Rights, Universal Morality and International Relations -- chapter 17 Muslim Voices in the Human Rights Debate -- chapter 18 A New Perspective on the Universality Debate: Reverse Moderate Relativism in the Islamic Context -- chapter 19 Islam and Human Rights: Beyond the Universality Debate -- part PART VIII WOMEN'S RIGHTS -- chapter 20 Women's Rights in the Muslim World: Reform or Reconstruction? -- chapter 21 Women's Human Rights in Islam: Towards a Theoretical Framework -- chapter 22 Women's Human Rights in the Koran: An Interpretive Approach -- part PART IX RIGHTS OF THE CHILD -- chapter 23 The Impact of Islamic Law on the Implementation of the Convention on the Rights of the Child: The Plight of non-Marital Children under Shari'a -- chapter 24 Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation -- part PART X RIGHTS OF RELIGIOUS MINORITIES -- chapter 25 Accommodating Religious Identities in an Islamic State: International Law, Freedom of Religion and the Rights of Religious Minorities -- chapter 26 Non-Muslims in the Islamic State: Majority Rule and Minority Rights -- part PART XI STATE PRACTICE -- chapter 27 The Search for Human Rights Within an Islamic Framework in Iran -- chapter 28 A Macroscopic Analysis of the Practice of Muslim State Parties to International Human Rights Treaties: Conflict or Congruence?.

Recent years have witnessed a new upsurge in the development of the European legislation on new organizational and legal forms of legal persons in Europe. The article deals with issues of the legal mode of their operation. Attention is given to the specifics of legal status of legal persons of public law in legislation of individual countries, France in the first place as a citadel of effective and carefully thought out administration. Subjected to analysis is the history of emergence of the theory a legal person in France. Specified is the system of outlooks on a legal person in the comparative legal aspect. Discussed are nuances of using the term "legal person of public law" in a number of current constitutions. Studied are the issues of spreading the legal construction of legal person of public law over the post-Soviet space. Argumentation is given for need to use the construction of public legal person. Based on analysis of legal experience of foreign countries a conclusion is made that in terms of legislative regulation the formation procedure, the legal status and the legal operating mode of legal persons of public law must be determined by public law legislation whilst some general provisions pertaining to realization of their legal capacity must be governed by civil law conventions. © IDOSI Publications, 2014.

This volume examines Islamic maritime law and the actual practice of Muslim sailors during the classical period. It contains seven chapters. The first surveys the important terminology of maritime life. The second chapter examines the interrelationship of shipowners, crew, and passengers. The third chapter deals with maritime commercial laws; contracts for the leasing of ships, freight charges, transportation of goods, taxes and tolls in the ports. It also examines losses at sea, describes the laws concerning of jettison and general average, collision, and salvage of jetsam. Chapter four covers military maritime law; chapter five emphasizes the legal significance of territorial waters as interpreted by Muslim jurists, governors, and seafarers. The sixth chapter discusses how Islamic maritime law was adjudicated at sea, while the final one concludes the study by explaining how sea-travel affected the performance of Islamic religious duties

This article explores the legal geography of family law in post-colonial Muslim societies. Drawing on a case study in Aceh, Indonesia, it analyses how diverse Islamic leaders were able to influence a controversial administrative reform of family law in the reconstruction period after the 2004 Indian Ocean tsunami. I argue that while Islamic leaders are important stakeholders in law-making in Aceh, they are not a unified collective: rather they mobilise a variety of different practices of legal reasoning to bring legal constructions into agreement. Using the case of an administrative reform of marriage registration, a subordinate regulation in family law, I describe how Islamic leaders deliberate about social issues across their different schools and factions in order to address contemporary problems, while at the same time, mobilising interpretations of Islamic texts as a meaningful tradition for law-making. The analysis builds on ethnographic fieldwork in Aceh, in particular qualitative interviews with civil servants working in the provincial government: Muslim actors, civil rights activists, national experts, international experts, politicians, and diplomats. The article provides impetus to debates in legal geography by illuminating the negotiations of legal reasoning in Muslim societies to make Islamic law, customary law and state-centric state administration compatible.