94+ documents containing “sharia law”.
y this time the Shari'ahs' now had four schools of thought established. These are still prominent today to include: Hanafi, Maliki, Shafi'i, and Hanbali. Considered the most liberal of the schools, Hanafi puts a greater emphasis on the use of reason and it is the most popular school of thought in the Muslim world. Maliki law is largely based on: narrations of the words and deeds of Muhammad. Shafi'i believes in the order of importance in interpreting the law to include: the Quran (first), the sunnah (second), consensus (third) and lastly analogy. Finally, the philosophy known as Hanbali is considered to be: the most strict and conservative school of jurisprudence (Coulson, 79).
Shari'ah law is unique in that it was imposed on society from above. Therefore, in Islamic jurisprudence it is not a society that moulds and fashions the law, but the law that precedes and controls it ("Shari'ah"). This consists….
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
Conceptually, civil law is a group of….
Business
Comparative Law and Business
A company has decided to expand its operations to another nation. The company is involved in information technology (IT) and is headquartered in Malaysia. The desire is to grow assets by beginning operations in Thailand. The fact that these are two separate countries makes the transition difficult, but it complicated by the fact that the two nations have different sets of laws which govern aspects of the transfer, and of the continuing operation of a Malaysian company in Thailand. Of primary concern is the contract law which exists in Thailand, and how those statutes direct a foreign company within Thai borders. It is the wish of the Malaysian company to maintain control in Malaysia not only for the company, but also for the settling of disputes. Since there are two different sets of laws that may govern a dispute, it is imperative that any potential contracts….
Islam
Plurality is built into Islam's legal and ideological foundations, complicating the political and social structure of the religion and its institutions. Principle means by which to explore and critique the complexity and plurality of Islam include the Hadith and the various schools of Islamic law. Because of the relatively equal veracity of all six books of the Hadith, and of the various schools of law, there is no singular authoritative body in Islam. Each region of the world has instead opted to emphasize some teachings and some legal schools over others.
The Hadith is a collection of writings reflecting the traditions, actions, and actual sayings of Muhammad. The Hadith comprises six books, compiled in the ninth and tenth centuries, and are viewed as "second only to the Quran in their practical significance and authority," (p. 74). The "soundness of their claims of transmission" is one of the central issues in the….
In fact there are signs of turmoil among religious as well as ethnic groups. An internal war between the Hausa and another tribe called the Yoruba resulted in 300 deaths. More recently tribes called the Tiv and the Jukun have executed tribal raids. In fact, between the successful election of a civilian President in May of 1999 and the end of 2001, over 10,000 Nigerians died in regional conflicts based on religious/and/or tribal differences. The Islamic belief in Shari'a, including the idea that religion and state government should be one, contributes to these problems.
In fact the animosity between Christians and Muslims is quite strong in Nigeria. The province adopting Shari'a, Zamfara, uses Islamic courts to try criminals. The Christians who live in the south do not agree that Zamfara should use a religiously-based legal system. This disagreement demonstrates that the country is divided on multiple levels. It is the….
Neo-Liberalistic Legal Concepts on Nations ith Distinct Legal Tradition (Common, Civil, Socialist)
This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: Malaysia, Indonesia and China. Common law, civil law and socialist law will be defined separately and then as they each apply to the country which has used that system as its focus for legal practice. The effect that neo-liberalism had after the Asian financial crisis on these three nations will be then be examined. Finally, this review will determine if there has been a change post-crisis in merger and acquisition or public finance law.
Definitions
It is necessary to begin by defining terms that will occur throughout this review. The three systems of law to be initially discussed in the review are common law, civil law and socialist law. Of course, many dispute the fact that socialist….
Islamic criminal justice system to the criminal justice Systems of the common Law and the Civil law
Law is implied to hold a fundamental position in the societal system of the western and near eastern regions. Two customary beliefs are present in these "law-centered" societies. The custom of divine revelation is the first one. This has given rise to the Talmudic and Islamic systems of law, among which the importance of Islamic legal system is increasing in many nations. The other is the custom of involvement of the public that gave rise to either Greek and Roman models and consequently the civil law system, or the weird historical happenings in England from which the common law system has emerged. Islamic law is neither a remnant from the history nor a revisit to ancient origins, but somewhat an intricate, multithreaded cluster of thoughts and actions that the Islamic persons shaped and….
If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the contract is often chosen as the country of law for deciding the dispute. The place of performance of the contractual duties; the place of residence of the contractual parties; the nature of the subject matter of the contract -- all of these have been used to decide contract jurisdiction.
Tort
Torts -- wrongs done to others -- are the domain of civil law. s with contracts, there is a "proper law of the tort," which country has the most significant relationship with the event or the parties. The law of that country applies. Therefore, the place where the wrong occurs is usually which law applies. This is similar to the way tort cases work in the United States. The state in which the….
S. interests. What is different is that we have names and faces to go with that warning."3 This emphasis on recognizing the adaptability
3 Dennis C. Blair, Annual Threat Assessment of the U.S. Intelligence Community for the Senate Select Committee on Intelligence, (U.S. Senate Armed Services Committee, 2010).
of the terrorist is central to the government's overall response, in terms of both planning and execution, as evidenced by findings presented in the wealth of threat assessment material released to the public each year.
With the oft mentioned terrorist training camps and secret underground bases littered throughout the Middle East long since located and reduced to rubble, jihadists the world over have increasingly turned to the internet to lure potential borrowers and launder funds on a global scale.4 the last Homeland Security Threat Assessment, delivered to the Senate Select Committee on Intelligence in 2008 and covering the period from that date through 2013, stated….
In the event that the analysis of records of telephone, e-mail and internet use was considered to amount to an interference with respect for private life or correspondence, the Government contended that the interference was justified. First, it pursued the legitimate aim of protecting the rights and freedoms of others by ensuring that the facilities provided by a publicly funded employer were not abused. Secondly, the interference had a basis in domestic law in that the College, as a statutory body, whose powers enable it to provide further and higher education and to do anything necessary and expedient for those purposes, had the power to take reasonable control of its facilities to ensure that it was able to carry out its statutory functions. It was reasonably foreseeable that the facilities provided by a statutory body out of public funds could not be used excessively for personal purposes and that….
Esposito finds that the premodernist revival movements of the eighteenth and nineteenth centuries contributed to the pattern of Islamic politics that developed and left a legacy for the twentieth century. These movements were motivated primarily in response to internal decay rather than external, colonial threat (Esposito 40-41).
At the same time, many areas of the Islamic world experienced the impact of the economic and military challenge of an emerging and modernizing est beginning in the eighteenth century. Declining Muslim fortunes also reversed the relationship of the Islamic world to the est, from that of an expanding offensive movement to a defensive posture. Muslim responses to these changes ranged from rejection to adaptation, from Islamic withdrawal to acculturation and reform. Some responded by secular reform, and by the late nineteenth and early twentieth centuries, Islamic modernist movements had also developed in an attempt to bridge the gap between tradition and modernity….
eligion and Politics
All religions aim to provide a code of life for mankind. Apart from other tenets, this code establishes laws that govern all areas of man's life. Thus the laws established by the religion Islam are termed as Shariah. The term Shariah means all of the Islamic Laws and is derived from four basic sources. These sources are The Holy Quran, Sunnah, Ij'ma (consensus) of the Companions (Sahabah) and Qiyas or analogical deduction. These laws are not just limited to areas such as marriage or divorce; rather, the Islamic laws cover every action performed by an individual or a society. The term Shariah is also synonymous with Fiqh. However the term Fiqh means knowledge of all the Islamic Laws (Shariah). It can also be taken to mean the Knowledge of the sources from where the Islamic Laws (Shariah) have been extracted.
Shariah or Islamic Laws are divine ways to preserve….
Human rights are the activities, freedoms and conditions that all human are entitle to enjoy, and these rights include economic, political, cultural and social rights. Putting differently, human rights are inalienable, inherent, indivisible and interdependent, which cannot be taken away, must be respected, and which the governments are to put in places the instrument to regulate laws and policies for human rights protection. Similarly, international human rights are the set of rules that guide the conducts of state's behaviors. Globally, countries enter into treaties to guarantee certain rights and refrain from violating these rights within their jurisdictions. (IJRC, 2016). The historical facts of human rights started from the declaration of universal human right rights in 1948, and the expressions are referred as aggregate rights of humans. The UDHR ("Universal Declaration of Human Rights") (IJRC 2016 p 1) was ratified by 48 countries with some Muslim countries such as Iran, Iraq,….
If all people followed these teachings, many of the social evils in the society such as stealing from each other, killing, mugging, rape, revenge, jealousy, etc. Molloy, 2009.
Therefore, religion is extremely important since it guides our day-to-day lives. eligion is also an important source of law as evidenced in sharia law and Canon law which is commonly used in the determination of cases and also in development of Public law.
One important thing that should be kept in mind is that every person is different and that they give varying relevance to religion. The importance of religion can be evaluated in how a person lives their life. As always, the actions of the individual should be evaluated and not their words. As the old English adage goes, "actions speak louder than words."
eferences
Flood, G. (2012). The Importance of eligion: Meaning and Action in Our Strange World. New York, NY: John Wiley….
(Steward, 2008, ¶ 15).
II: BODY (TITLE TO BE DETERMINED)
Introduction
To explore the thesis, introduced at the start of the paper, the writer addresses the question: Do the investment risks that customers of conventional banks and financial houses may experience differ from those customers of sharia compliant financial institutions may encounter? During this segment of the research paper, the writer relates relevant information to Investing (Including Risks)
Investments
Contemporary Considerations
Investing (Including Risks)
Investments
Sukuk depict one type of bonds that meet the sharia requirement that interest cannot be charged or received. Sukuk often work so that those who hold them as investments are entitled to a share of the profits of the company that issued the sukuk.
Contemporary Considerations
III. CONCLUSION
A. Analytical summary
1. Investing (Including Risks)
2. Investments
3. Contemporary Considerations
B. Thesis reworded
C. Concluding statement
REFERENCES
Adam, N.J. & Thomas, A. (2004). Islamic bonds: Your guide to issuing, structuring and investing in sukuk. London, United Kingdom: Euromoney Books.
Bennett, D. (2007). The….
Mythology - Religion
y this time the Shari'ahs' now had four schools of thought established. These are still prominent today to include: Hanafi, Maliki, Shafi'i, and Hanbali. Considered the most liberal of…
Read Full Paper ❯Business - Law
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World.…
Read Full Paper ❯Business - Law
Business Comparative Law and Business A company has decided to expand its operations to another nation. The company is involved in information technology (IT) and is headquartered in Malaysia. The…
Read Full Paper ❯Mythology - Religion
Islam Plurality is built into Islam's legal and ideological foundations, complicating the political and social structure of the religion and its institutions. Principle means by which to explore and critique…
Read Full Paper ❯Mythology - Religion
In fact there are signs of turmoil among religious as well as ethnic groups. An internal war between the Hausa and another tribe called the Yoruba resulted in…
Read Full Paper ❯Business - Law
Neo-Liberalistic Legal Concepts on Nations ith Distinct Legal Tradition (Common, Civil, Socialist) This review of the related literature focuses on broad definitions of the law as historically legislated and…
Read Full Paper ❯Business - Law
Islamic criminal justice system to the criminal justice Systems of the common Law and the Civil law Law is implied to hold a fundamental position in the societal system…
Read Full Paper ❯Business - Law
If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the…
Read Full Paper ❯Terrorism
S. interests. What is different is that we have names and faces to go with that warning."3 This emphasis on recognizing the adaptability 3 Dennis C. Blair, Annual Threat Assessment…
Read Full Paper ❯Military
In the event that the analysis of records of telephone, e-mail and internet use was considered to amount to an interference with respect for private life or correspondence,…
Read Full Paper ❯Mythology - Religion
Esposito finds that the premodernist revival movements of the eighteenth and nineteenth centuries contributed to the pattern of Islamic politics that developed and left a legacy for the…
Read Full Paper ❯Mythology - Religion
eligion and Politics All religions aim to provide a code of life for mankind. Apart from other tenets, this code establishes laws that govern all areas of man's life. Thus…
Read Full Paper ❯International Relations
Human rights are the activities, freedoms and conditions that all human are entitle to enjoy, and these rights include economic, political, cultural and social rights. Putting differently, human rights…
Read Full Paper ❯Mythology - Religion
If all people followed these teachings, many of the social evils in the society such as stealing from each other, killing, mugging, rape, revenge, jealousy, etc. Molloy, 2009. Therefore,…
Read Full Paper ❯Economics
(Steward, 2008, ¶ 15). II: BODY (TITLE TO BE DETERMINED) Introduction To explore the thesis, introduced at the start of the paper, the writer addresses the question: Do the investment risks…
Read Full Paper ❯