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Shared Borders, Shared Waters: Israeli-Palestinian and Colorado River Basin Water Challenges
by Sharon B. Megdal Robert G. Varady Susanna EdenThis collection of papers examines water management in two of the worlds prominent, arid transboundary areas facing similar challenges. In the Middle East, the chronically water-short Israeli-Palestinian region has recognized the need both to conserve and supplement its traditional water sources. Across the globe on the North American continent, A
Shared Obligations in International Law (Shared Responsibility in International Law)
by Nataša NedeskiThere are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in case of a breach.
Shareholder Activism and the Law: The Future of US Corporate Governance (Routledge Research in Corporate Law)
by Ekrem SolakThis book provides a complete framework for contemporary shareholder activism and its implications for US corporate governance, which is based on director primacy theory. Under director primacy theory, shareholders do not wish to be involved in the management of the company; in the rare event that they wish to be involved, it is considered a transfer of power from the board of directors to shareholders, which in turn reduces the efficiency of centralised decision-making in public companies. However, this book demonstrates that shareholders do not use their power to transfer corporate control from the board to themselves, and that some form of shareholder activism is even collaborative, which is a new paradigm for US corporate governance. This book shows that while monitoring remains a key contribution of shareholders, they also bring new informational inputs to corporate decision-making that could not be obtained under the traditional board model. Accordingly, contemporary shareholder activism enhances the board’s decision-making and monitoring capacity, without undermining the economic value of the board's authority. Therefore, this book argues that the complete approach of contemporary shareholder activism should be accommodated into US corporate governance. In doing so, this book considers not only legal and regulatory developments in the wake of the 2007–2008 financial crisis, but also the governance developments through by-law amendments. Furthermore, the author makes several recommendations to soften the current director primacy model: establishing a level playing field for private ordering, adopting the proxy access default regime, the majority voting rule, the universal proxy rules, and enhancing the disclosure requirements of shareholders. The book will be of interest to academics and students of corporate governance, both in the US and internationally.
Shareholder Democracies?
by Mark Freeman Robin Pearson James TaylorUnderstanding the challenges of corporate governance is central to our comprehension of the economic dynamics driving corporations today. Among the most important institutions in capitalism today, corporations and joint-stock companies had their origins in Europe during the seventeenth and eighteenth centuries. And as they became more prevalent, the issue of internal governance became more pressing. At stake—and very much contested—was the allocation of rights and obligations among shareholders, directors, and managers. This comprehensive account of the development of corporate governance in Britain and Ireland during its earliest stages highlights the role of political factors in shaping the evolution of corporate governance as well as the important debates that arose about the division of authority and responsibility. Political and economic institutions confronted similar issues, including the need for transparency and accountability in decision making and the roles of electors and the elected, and this book emphasizes how political institutions—from election procedures to assemblies to annual reporting—therefore provided apt models upon which companies drew readily. Filling a gap in the literature on early corporate economy, this book provides insight into the origins of many ongoing modern debates.
Shareholder Participation and the Corporation: A Fresh Inter-Disciplinary Approach in Happiness
by James McConvillThis study provides a fascinating, fresh analysis of the virtues of shareholder participation in the context of contemporary corporate governance. By applying recent empirical studies to human happiness, McConvill convincingly argues that shareholders, particularly individuals, should be included in the internal governance framework of public corporations and enjoy a direct participatory role in the corporation if they so choose. Recent studies have consistently shown that active participation is one of a limited number of factors that has a positive correlation with levels of personal happiness, however while disciplines within the social sciences have long considered the implications of these findings, legal scholars have failed to grasp their significance. Shareholder Participation and the Corporation addresses the dearth of literature currently available by exploring and evaluating the implications of empirical happiness studies in relation to corporate law and governance, focusing specifically on the role of the shareholder. It provides a compelling argument for those seeking to analyze shareholder participation in a different light.
Shareholder Primacy and Corporate Governance: Legal Aspects, Practices and Future Directions (Routledge Research in Corporate Law)
by Shuangge WenRising defaults in the financial market in 2007, the current widespread economic recession and debt crisis have added impetus to existing doubts about companies’ governance, and cast new light on future trends in shareholder-oriented corporate practice. Taking account of these developments in the field and realising the current need for changes in governance, this book offers a thorough exploration of the origins, recent changes and future development of the corporate objective—shareholder primacy. Legal and theoretical aspects are examined so as to provide a comprehensive and critical account of the practices reflecting shareholder primacy in the UK. In the wake of the financial crisis, this book investigates the direction of future policy, with particular attention to changes in governing rules and regulations and their implications for preserving the objective of shareholder primacy. It examines current UK and EU reform proposals calling for long-term and socially-responsible corporate performance, and the potential friction between proposed legal changes and commercial practices. This book will be useful to researchers and students of company law, and business and management studies.
Shareholder Primacy and Global Business: Re-clothing the EU Corporate Law (Routledge Research in Corporate Law)
by Lela MélonIn the context of growing public interest in sustainability, Corporate Social Responsibility (CSR) has not brought about the expected improvement in terms of sustainable business. Self-regulation has been unable to provide appropriate answers for unsustainable business frameworks, despite empirical proof that sustainable behaviour is entirely in corporate enlightened self-interest. The lack of success of the soft law approach suggests that hard law regulation may be needed after all. This book discusses these options, alongside the issue of shareholder primacy and its externalities in corporate, social, and natural environment. To escape the "prisoner’s dilemma" European corporations and their global counterparts have found themselves in, help is needed in the form of EU hard law to advocate sustainability through mandatory rules. This book argues that the necessity of these laws is based on the first-mover’s advantage of such corporate law approach towards sustainable development. In the current EU law environment, where codification of corporate law is sought for, forming and defining a general EU policy could not only help corporations embrace this self-enlightened behaviour but could also build the necessary "EU corporate citizenship" atmosphere. Considering the developments in the field of CSR as attempts to mitigate negative externalities resulting from inappropriate shareholder primacy use, the book is centred around a discussion of the shareholder primacy paradigm, its legal position and its (un)suitability for modern global business. Going beyond solely legal analysis, juxtaposing legal principles and argumentation with economic theoretic approaches and, more importantly, real-life examples, this book is accessible to both professionals and academics working within the fields of business, economics, corporate governance and corporate law.
Shareholder Protection in Close Corporations: Theory, Operation, and Application of Shareholder Withdrawal (International Corporate Law and Financial Market Regulation)
by Alan K KohClose corporations, which are legal forms popular with small and medium enterprises, are crucial to every major economy's private sector. However, unlike their 'public' corporation counterparts, close corporation minority shareholders have limited exit options, and are structurally vulnerable in conflicts with majority or controlling shareholders. 'Withdrawal remedies'-legal mechanisms enabling aggrieved shareholders to exit companies with monetary claims-are potent minority shareholder protection mechanisms. This book critically examines the theory and operation of withdrawal remedies in four jurisdictions: the United States, the United Kingdom, Germany, and Japan. Developing and applying a theoretical and comparative framework to the analysis of these jurisdictions' withdrawal remedies, this book proposes a model withdrawal remedy that is potentially applicable to any jurisdiction. With its international, functional, and comparative analysis of withdrawal remedies, it challenges preconceptions about shareholder remedies and offers a methodology for comparative corporate law in both scholarship and practice.
Shareholder Protection Reconsidered: Derivative Action in the UK, Germany and Greece (Routledge Research in Corporate Law)
by Georgios ZouridakisThis book examines the role and potential of derivative actions in shareholder protection in public limited companies. Derivative actions have been a focal point of legislators’ agendas on shareholder protection, in the past few decades, throughout Europe and beyond. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy. Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law – jurisdictions that have recently reformed their provisions on shareholder protection – examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action. By critically assessing the merits and failures of the respective UK, German and Greek shareholder protection laws, the book then proceeds to offer (in Part III) a model framework of shareholders’ derivative litigation for jurisdictions considering reform. Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance.
Shareholder Rights Protection Mechanisms for Chinese Financial Holding Companies: A Comparative Law Perspective (International and Comparative Law in the Asia Pacific)
by Kailiang MaThis book aims to answer the question of how Chinese financial holding companies should structure their shareholder rights protection mechanisms in a global context. And this book uses the two-part approach to clarify the issue of shareholder rights protection of financial holding companies. The first part describes the external protection mechanism (financial market regulation), and the second part describes the internal protection mechanism (internal corporate governance). Moreover, this book mainly adopts three methodologies, including doctrinal analysis, comparative analysis (Chinese law, French law, UK law and US law) and historical analysis, to illustrate the viewpoints. And in the light of the comprehensive and comparative analysis, this book provides an insightful perspective to deal with the problem of protecting shareholders' rights in Chinese financial holding companies. The novelty of this approach lies in its comprehensiveness. On the one hand, it analyses shareholder rights protection mechanisms, including external and internal mechanisms. On the other hand, it provides a comprehensive overview of the regulation of financial holding companies in all 193 member states of the United Nations. At the same time, its comparative approach focuses on Chinese law, American law, English law and French law. Such peer comparisons are relatively rare. The target audience for this book includes interested laypersons, undergraduate and postgraduate students and researchers. Both legal and financial markets are the main target markets.
The Shareholder Value Myth: How Putting Shareholders First Harms Investors, Corporations, and the Public
by Lynn StoutAn in-depth look at the trouble with shareholder value thinking and at better options for models of corporate purpose.Executives, investors, and the business press routinely chant the mantra that corporations are required to “maximize shareholder value.” In this pathbreaking book, renowned corporate expert Lynn Stout debunks the myth that corporate law mandates shareholder primacy. Stout shows how shareholder value thinking endangers not only investors but the rest of us as well, leading managers to focus myopically on short-term earnings; discouraging investment and innovation; harming employees, customers, and communities; and causing companies to indulge in reckless, sociopathic, and irresponsible behaviors. And she looks at new models of corporate purpose that better serve the needs of investors, corporations, and society.“A must-read for managers, directors, and policymakers interested in getting America back in the business of creating real value for the long term.” —Constance E. Bagley, professor, Yale School of Management; president, Academy of Legal Studies in Business; and author of Managers and the Legal Environment and Winning Legally“A compelling call for radically changing the way business is done… The Shareholder Value Myth powerfully demonstrates both the dangers of the shareholder value rule and the falseness of its alleged legal necessity.” —Joel Bakan, professor, The University of British Columbia, and author of the book and film The Corporation“Lynn Stout has a keen mind, a sharp pen, and an unbending sense of fearlessness. Her book is a must-read for anyone interested in understanding the root causes of the current financial calamity.” —Jack Willoughby, senior editor, Barron’s“Lynn Stout offers a new vision of good corporate governance that serves investors, firms, and the American economy.” —Judy Samuelson, executive director, Business and Society Program, The Aspen Institute
Shareholders' Claims for Reflective Loss in International Investment Law (Cambridge International Trade and Economic Law)
by Lukas VanhonnaekerIn recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
Shareholders, Strategy and Value Creation: The Case of the IT Sector (Routledge Research in Strategic Management)
by Wojciech Muras Katarzyna Szczepańska-WoszczynaThe central task of contemporary strategic management is to look for sources of value and to achieve above- average firm performance. The effective implementation of a value creation strategy requires a comprehensive approach, including the creation of a systemic management structure aimed at increasing company value. The concept of value- based management involves consciously inspiring, undertaking, and implementing value- oriented actions. Value creation takes place at all levels of management and in all organisational units of the company; therefore, the implementation of all management functions should be assigned to this goal. Thus, the role of managers is gaining importance, especially those who are capital- linked to companies, who set goals and verify them by means of informed decisions aimed at maximising value in the long term. The book presents a multidimensional analysis of shareholders’ impact on company value creation. The authors chose the IT sector as the area of study; this sector, being one in which modern technologies are essential, acquires special significance for the global economy. The book features a review of notions and concepts related to the management of company value and methods of measuring it, the shareholder’s impact on the creation of company value, and factors affecting long- term value creation; an analysis of the places of occurrence, power and direction of a shareholder’s impact on building the long- term capacity of an IT sector company for creating the value thereof, as well as the conceptualisation and operationalisation of such impact; an analysis of the role of shareholders in IT sector companies, a profile of shareholder competence which makes the role of a shareholder unique to the company and fulfils the “value- creating owner” postulate; an analysis of the role of hired managers cooperating with the shareholders with an indication of the significance of mutual development and the supplementation of one’s own skills. The book is dedicated to scientists in the field of strategic management, valuebased management, and leadership; shareholders; students of EMBA and MBA programmes; practitioners in strategic management; and current shareholders of modern technology companies (in particular from the IT sector) and future investors, for all of whom it may offer a valuable outlook on the management principles and practices in the sectors, particularly with respect to the long- term creation of company value.
Shareholders, Strategy and Value Creation: The Case of the IT Sector (Routledge Research in Strategic Management)
by Wojciech Muras Katarzyna Szczepańska-WoszczynaThe central task of contemporary strategic management is to look for sources of value and to achieve above- average firm performance. The effective implementation of a value creation strategy requires a comprehensive approach, including the creation of a systemic management structure aimed at increasing company value.The concept of value- based management involves consciously inspiring, undertaking, and implementing value- oriented actions. Value creation takes place at all levels of management and in all organisational units of the company; therefore, the implementation of all management functions should be assigned to this goal. Thus, the role of managers is gaining importance, especially those who are capital- linked to companies, who set goals and verify them by means of informed decisions aimed at maximising value in the long term.The book presents a multidimensional analysis of shareholders’ impact on company value creation. The authors chose the IT sector as the area of study; this sector, being one in which modern technologies are essential, acquires special significance for the global economy.The book features a review of notions and concepts related to the management of company value and methods of measuring it, the shareholder’s impact on the creation of company value, and factors affecting long- term value creation; an analysis of the places of occurrence, power and direction of a shareholder’s impact on building the long- term capacity of an IT sector company for creating the value thereof, as well as the conceptualisation and operationalisation of such impact; an analysis of the role of shareholders in IT sector companies, a profile of shareholder competence which makes the role of a shareholder unique to the company and fulfils the “value- creating owner” postulate; an analysis of the role of hired managers cooperating with the shareholders with an indication of the significance of mutual development and the supplementation of one’s own skills.The book is dedicated to scientists in the field of strategic management, valuebased management, and leadership; shareholders; students of EMBA and MBA programmes; practitioners in strategic management; and current shareholders of modern technology companies (in particular from the IT sector) and future investors, for all of whom it may offer a valuable outlook on the management principles and practices in the sectors, particularly with respect to the long- term creation of company value.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 International license.
Shari`a in the Secular State: Evolving Meanings of Islamic Jurisprudence in Turkey (Law, Language and Communication)
by Russell PowellWords in both law and religion can shape power relationships and are often highly disputed. Shari`a lies within the overlap of these two spheres and provides a unique subject for the study of meaning in that liminal space. This book contributes important insights related to Islamic jurisprudence and secularism in the Turkish context and regarding the role of language in contested legal and religious contexts. The study begins by providing a historical framework for the ideas and terms covered, including concepts of religion in general, Shari`a in particular, and secularism in the Turkish state. It goes on to examine empirical research to describe and analyze contemporary Turkish understandings of religion and Shari`a. The author’s research indicates that there is often a disconnect between supporting the adoption of Shari`a and supporting the regulation of everyday behavior through civil codes. Thus, “Shari`a” seems to have taken on new meanings as groups have sought either to appropriate or criticize it. It is a quintessential example of fractured and contextual meaning at the center of both religious and legal traditions. This book is essential reading for both academics and those interested in law, linguistics, history, political science, anthropology, sociology, religious studies, or Near Eastern studies.
Shari'a and the Constitution in Contemporary Legal Models: Two Worlds in Dialogue (Global Issues)
by Federico Lorenzo RamaioliThis comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharīʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharīʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors."Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
Shari‘a As Discourse: Legal Traditions and the Encounter with Europe (Cultural Diversity and Law)
by Jørgen S. Nielsen Lisbet ChristoffersenThis volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari’a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari’a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.
Sharia as Informal Law: Lived Experiences of Young Muslims in Western Societies
by Ihsan YilmazThis book takes a comprehensive approach to investigate how Sharia influences and manifests in the everyday lives of young Muslims, aiming to unravel the meaning and relevance of Sharia-driven laws and practices in English-speaking Western societies. By focusing on the grassroots level, it provides a deeper understanding of the lived experiences of Muslims and their relationship with Sharia. The presence of Muslims in Western countries has a long history, with recent waves of migration and conversions contributing to their increasing numbers. This study recognizes the diverse nature of the Muslim community, comprising both migrants and local converts, who have become integral parts of the pluralistic fabric of multicultural societies. The research draws on in-depth interviews with 122 young Muslim individuals from diverse backgrounds representing three different Western countries: Australia, the United States, and the United Kingdom. Diversity of participants allows for a broader exploration of the Muslim community and the inherent diversity of opinions, interpretations, and practices regarding Sharia. This approach moves beyond theoretical debates, providing concrete insights into the practical implications of Sharia for young Muslims in their respective Western contexts. The book also sheds light on the evolving landscape of information and knowledge acquisition in the age of digital technologies and cyberspace. It explores how young Muslims access and seek knowledge in the twenty-first century, recognizing the impact of changing sources and modes of information on their religious practices and beliefs. This aspect adds a valuable dimension to the study, capturing the dynamic nature of knowledge dissemination and acquisition among young Muslims in Western societies. The book will be fascinating reading for academics, researchers, and policy-makers working in the areas of Law, Political Science, Minority Studies, Religious Studies, and Islamic Studies.
Sharia Compliant: A User's Guide to Hacking Islamic Law (Encountering Traditions)
by Rumee AhmedFor over a thousand years, Muslim scholars worked to ensure that Islamic law was always fresh and vibrant, that it responded to the needs of an evolving Muslim community and served as a moral and spiritual compass. They did this by "hacking" Islamic law in accordance with changing times and contexts, diving into the interconnected Islamic legal tradition to recalibrate what was outdated, making some laws work better and more efficiently while leaving others undisturbed. These hacking skills made Islamic law both flexible and relevant so that it could meet the needs of a community with changing values while remaining true to its ancient roots. Today, the hacking process has stalled in the face of unprecedented structural challenges, and Islamic law has stagnated. This book is designed to revitalize the hacking tradition by getting readers involved in the process. It walks them through the ins and outs of Islamic legal change, vividly describing how Muslim scholars have met new and evolving challenges on topics as diverse as abolition, democracy, finance, gender, human rights, sexuality, and more. And it provides step-by-step instructions for readers to hack laws for themselves, so that through their engagement and creativity, they can help Islamic law regain its intrinsic vitality and resume its role as a forward-looking source for good in the world.
Sharia Dynamics
by Timothy P. DanielsThis multidisciplinary volume explores the role of Islamic law within the dynamic processes of postcolonial transformation, nation building, and social reform. Here, eleven international scholars examine Islamic law in several contemporary sociopolitical contexts, focusing specifically on Malaysia, Indonesia, Pakistan, China, Tunisia, Nigeria, the United States, and the International Islamic Fiqh Academy (IIFA) of the Organization of Islamic Cooperation (OIC). The contributors also address the entanglement of Islamic law and ethics with the history of Muslim religious discourses, shifts toward modernity, gender relations, and efforts to construct exclusive or plural national communities. Sharia Dynamics, at once enchanting and enlightening, is a must-read for scholars of contemporary Islam.
Shariʿa in the Modern Era
by Iyad ZahalkaWritten by the Qadi (judge) of the Shari'a Court of Jerusalem and former director of the Shari'a Court system in Israel, this book offers a unique perspective on the religious law of Muslim minorities living in the West. Specifically, it explores the fiqh al-aqalliyyāt doctrine of religious jurisprudence developed by modern Islamic jurists to resolve the challenges of maintaining cultural and religious identity in majority non-Muslim societies. The author examines possible applications across numerous cultural and geographical contexts, answering such questions as: what are the rules for assuming political and public roles, and should one deposit money that incurs interest? Building on a growing scholarship, this book aims to resolve points of view and facets of religious law that have been neglected by previous studies. Accessibly written, Shari'a in the Modern Era is designed to promote cross-cultural understanding among readers of all faiths.
The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain (Islam in the World)
by Samia BanoIn February 2018, the ‘Independent Review on Sharia Law in England and Wales’ was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women’s activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate ‘outside the sphere of law and legal relations’ but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.
Shari‘a, Inshallah: Finding God in Somali Legal Politics (Cambridge Studies in Law and Society)
by Mark Fathi MassoudWestern analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law.
Shari'a Law and Modern Muslim Ethics
by Robert W. HefnerMany Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of shari`a law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.
Shari’a Law in Commercial and Banking Arbitration: Law and Practice in Saudi Arabia
by Abdulrahman Yahya BaamirThis 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.