Search results

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.

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay ...

The research explains the money laundry practice as a source unlawful income that conceals the original source of the money and presents it as clean and legal wealth by transferring it to commercial and investment businesses. The research traces the sources for this cash in criminal activities like drug dealings, tax evasion, bribery and other illegal sources. The amount of money involved in laundry operations around the world reaches three trillion dollars annually, which places it second only to arm trade as a source of returns. The research also details the harmful consequences for this phenomenon on the political, social, and economic levels, a thing which has motivated many countries to outlaw and fight any laundry activities. The research concludes with a definition of the Islamic ruling that laundry money remains unclean even when transferred to legal commercial businesses. Such cash can only be used for the benefit of the general interest.

Principles of protection in warfare under Islamic law of warPrinciples of protection in warfare under international humanitarian law -- The "western" self and the other -- The "Islamic" self and the other -- The structure of the legal arguments in Islamic law of war -- The structure of the legal arguments in international humanitarian law.

"From Iran, where all banking is Shari'ah compliant, to Malaysia and the gulf, where Islamic financial institutions compete with conventional banks, Rodney Wilson examines how Islamic financial institutions are licensed and governed by common and civil law. Covering Islamic banks, takaful operators, fund management and Shari'ah-compliant securities, it examines how their assets and liabilities differ from their conventional counterparts and what the implications are for risk management."--Publisher

Cryptocurrencies have become a significant phenomenon in the global financial world. However, in the context of Islamic law, the question of the validity and regulation of cryptocurrencies remains a complex debate. This research aims to conduct a normative juridical analysis regarding cryptocurrency regulation in Islamic law, focusing on case studies in Indonesia. The research method used is a normative juridical approach, which involves collecting and analyzing legal data from relevant legal sources, such as laws, regulations, and religious fatwas. This legal data is then analyzed using legal arguments and theoretical approaches to understand and explain the legal status of cryptocurrencies in Islam. The research identifies key issues emerging in cryptocurrency regulation in Islamic law in Indonesia, including usury, gharar, maysir, and consumer protection. In this normative juridical analysis, researchers explore existing legal interpretations, relevant legal documents, and views of Islamic scholars and scholars related to the legitimacy and halalness of cryptocurrencies. The results of this study provide an in-depth understanding of how cryptocurrencies can be categorized within the framework of Islamic law, as well as the legal implications arising from the use and trading of cryptocurrencies. The research also identifies loopholes and challenges in cryptocurrency regulation in Islamic law in Indonesia and provides recommendations for the development of more effective regulation and in accordance with Islamic principles.