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Abduroaf, Muneer. "Application of the Islamic Law of Succession in South Africa." Obiter 41, no. 2 (October 1, 2020): 396–409. http://dx.doi.org/10.17159/obiter.v41i2.9159.
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Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African parliament that gives effect to Islamic law. South African Muslims can however make use of existing South African law provisions in order to apply certain Islamic laws within the South African context. This article looks at the practical application of the Islamic law of succession and administration of estates within the South African context by way of a fictitious scenario. It highlights some of the problem areas when a Muslim testator or testatrix bequeaths his or her estate in terms of Islamic law by means of a will (Islamic will).
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Issaka-Toure, Fulera, and Ousseina D. Alidou. "Introduction: Current Perspectives on Islamic Family Law in Africa." Islamic Africa 11, no. 2 (September 1, 2021): 153–62. http://dx.doi.org/10.1163/21540993-01101016.
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Abstract This special issue of Islamic Africa brings together new critical perspectives on the status of Islamic Family Law, commonly referred to as sharīʿa, within four African countries – Ghana, Kenya, Mozambique and Senegal – each reflecting distinctive gendered cultural, colonial and postcolonial realities. The introduction provides a general overview of the state of the art on Islamic family law in Africa and highlights the significant thematic focus of each contribution and the new areas for further inquiry that the volume opens. These topics and questions include among others: (a) the ways in which European colonialism and contemporary democratization processes have opened spaces for religious pluralism, thereby shaping the articulation of Muslim personal law within different African postcolonial state judicial systems; (b) how Islamic judicial practices, institutions, and authorities such as malamai and/or Kadhis engage themselves with the secular state and/or are constrained by both the state and by the legal pluralism encountered within both Muslim majority and minority African countries; (c) the gendered implications of the hierarchical relation between Kadhi Courts and a national High Court; (d) the benefits and/or shortcomings of harmonizing Islamic Family Law; (e) what is to be learnt from women choosing to settle marital disputes and divorce within and/or outside the “legal protective space” afforded by the state judicial system and its inclusion of Islamic Family Law; (f) the role of human agency in influencing the administration of Islamic family law and/or interpreting the law; how judicial systems that are shaped by European and Islamic patriarchal systems confronted by the resilience of indigenous matrilineal Customary Law within contemporary African societies; and (g) the compatibility between the various articulation of African Islamic family laws with universal human rights and individual freedom. Ultimately, this special issue of Islamic Africa offers an insightful reflection on how Islamic Family Law plays an important role in democratic constitution-making or testing processes.
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Gabru, N. "Dilemma of Muslim women regarding divorce in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (July 10, 2017): 43. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2849.
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On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous.In South Africa, marriages may be dissolved by the death of one of the spouses or by divorce. In terms of the Divorce Act, a decree of divorce will be granted by a court of law. Islam grants the husband the right of divorce and also grants the wife the right to request and apply to dissolve the marriage through what is known as Khula, the woman also has the right to a delegated divorce. If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the gifts he has given her. Islam further makes provision for the "reasonable maintenance" of divorced women. The non-recognition of Islamic marriages has the effect that a person married in terms of Shari'ah only, has no right to approach a court of law for a decree of divorce and, unless a husband divorces his wife in terms of the Shari'ah, the wife is trapped in a marriage, even if the marriage has broken down irretrievably. Thus a custom in South Africa has developed, whereby Muslim husbands refuse to divorce their wives in terms of Islamic law, so as to punish the wife. The wife in turn cannot make use of the South African judiciary to obtain a divorce, because of the non-recognition of her marriage. This is a burden, which is in direct conflict with Islamic law. In 2000 a Bill was drafted by the South African Law Commission. This act will recognise Islamic family law within a constitutional framework. This article deals with the dilemma that a Muslim woman is faced with in South Africa with regards to divorce.
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Muneer Abduroaf. "Comparing the Application of The Islamic Law of Succession and Administration of Estates in Singapore with South Africa." Obiter 41, no. 1 (April 1, 2020): 122–35. http://dx.doi.org/10.17159/obiter.v41i1.10553.
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This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator or testatrix states that his or her estate must be distributed in terms of the Islamic law of succession. This requires an Islamic law expert or an Islamic organisation to draft an Islamic distribution certificate stating who the beneficiaries of the person are. The distribution certificate is drafted after the testator or testatrix has died. An Islamic distribution certificate within the Singaporean context is specifically compared with one in the South African context. This article looks at whether features found in the Singaporean model can be applied to the South African context. An overview of the Muslim population in Singapore and South Africa is presented by way of introduction. This is followed by an examination of the constitutional and international obligations of the two countries in light of their equality provisions, and a comparative analysis of the Islamic law of succession and administration of estates in the two countries. The focus areas looked at are liability claims, testate succession claims and intestate succession claims. A brief analysis of the findings and concluding remarks are made at the end of the article.
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Essop, Fatima. "Do Islamic-law wills contravene the common-law prohibitions against delegation of testamentary powers and incorporation by reference?" South African Law Journal 140, no. 3 (2023): 579–610. http://dx.doi.org/10.47348/salj/v140/i3a7.
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Although the Constitution of the Republic of South Africa, 1996 provides for the enactment of legislation recognising various systems of personal and family law, no legislation has yet been enacted to recognise Muslim personal laws of marriage, divorce or inheritance. This has not precluded South African Muslims from implementing Muslim personal laws in their private lives, with the assistance of various Muslim ulama bodies. In the sphere of inheritance, Muslim testators ensure that their estates devolve according to the Islamic laws of inheritance by incorporating the Islamic laws of inheritance into their wills. They also delegate their testamentary powers to ulama bodies to determine their Islamic-law heirs. This article explores whether the incorporation by reference of Islamic inheritance law into Islamic wills contravenes the common-law prohibition against incorporation by reference. It also discusses whether delegating testamentary powers to ulama bodies potentially contravenes the commonlaw rule against delegating testamentary powers. Although these practices may contravene the common-law rules, they should be accommodated by developing the common law to uphold the constitutional rights to religious and testamentary freedom.
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Eltantawi, Sarah. "WOMEN, GENDER, AND ISLAM IN AFRICA AND BEYOND." Journal of Law and Religion 29, no. 1 (February 2014): 170–75. http://dx.doi.org/10.1017/jlr.2013.8.
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Scholars of Islamic law, gender, and Africa will be pleased with the arrival of two important new volumes that are bold in their bringing together of ethnographic data with legal history and analysis. Margot Badran's Gender and Islam in Africa: Rights, Sexuality, and Law, and Christina Jones-Pauly and Abir Dajanfi Tuqan's Women under Islam: Gender Justice and the Politics of Islamic Law collectively advance a movement in Islamic legal studies that focuses on interdisciplinary explorations into the ways particular constructions of Islamic law are foregrounded and reified in accordance with the existential impulses and demands of a particular society at a particular time, what we might call the “hermeneutic of experience.” I would argue that gender functions as the category that most regularly exposes the limitations of various historically situated concepts of orthodoxy, and these books bear out this claim.
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Abduroaf, Muneer. "A COMPARATIVE ANALYSIS BETWEEN THE CUSTOMARY AND ISLAMIC LAWS OF INTESTATE SUCCESSION WITH REGARD TO DISCRIMINATION: A SOUTH AFRICAN CONSTITUTIONAL LAW CASE STUDY." Jurnal Syariah 30, no. 2 (June 13, 2023): 152–74. http://dx.doi.org/10.22452/syariah.vol30no2.2.
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The law rule of male primogeniture (customary law of succession) was found to be unconstitutional in Bhe and Others v The Magistrate Khayelitsha and Others (Bhe) based on it unfairly discriminating against females. The Constitutional Court held that the rule of male primogeniture was inconsistent with the Constitution and invalid to the extent that it ‘excludes or hinders women … from inheriting property.’ Muslims have been living in South Africa for over 300 years. These persons are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African government that gives effect to the Islamic law of succession. A Muslim daughter could argue that the Islamic law of intestate succession per se discriminates against females, as a Muslim son would always inherit double the share of a Muslim daughter. This article compares the position of females in terms of the customary and Islamic laws of intestate succession. An overview of the South African law of intestate succession is provided by way of introduction. This is followed by examining certain South African intestate succession law court cases where discriminatory provisions were challenged. The 2:1 rule as found within the Islamic law of intestate succession per se is then investigated. The article then examines the constitutionality of the 2:1 rule as found within the Islamic law of intestate succession per se based on the same constitutional principles applied in the Bhe judgment where the constitutionality of the rule of male primogeniture was investigated. The article concludes with an analysis of the findings and a recommendation.
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Kholvadia, Faatima. "Islamic banking in South Africa – form over substance?" Meditari Accountancy Research 25, no. 1 (April 10, 2017): 65–81. http://dx.doi.org/10.1108/medar-02-2016-0030.
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Purpose The purpose of this study is to understand the economic substance of Islamic banking transactions in South Africa and to analyse whether the economic substance is closely related to the legal form. Additionally, this study highlights the similarities and differences in the execution of Islamic banking transactions across different South African banks. The transactions analysed are deposit products of qard and Mudarabah and financing products of Murabaha, Ijarah and diminishing Musharaka. Design/methodology/approach The study was conducted through interviews with representatives from each of the four South African banks that offers Islamic banking products. Interviews were semi-structured and allowed interviewees to voice their perspectives, increasing the validity of the interviews. Findings The study found that specific Shariah requirements of Islamic banking transactions are considered and included in the legal structure of the contracts by all four banks offering Islamic banking products. However, the economic reality of these transactions was often significantly different from its legal form and was found to, economically, replicate conventional banking transactions. The study also found that all four banks offer Islamic banking products under the same Shariah principles, but in some instances (e.g. diminishing Musharaka), execute these transactions in different ways. This study is the first of its kind in South Africa. Research limitations/implications While safeguards have been used to ensure the reliability and validity of the research, there remain a few inherent limitations which should be noted: interviewees, while chosen for their expertise and level of knowledge, may provide highly technical insight which may be difficult to interpret. Detailed technicalities were therefore excluded from this research. The regulatory environment of banks in South Africa, for example, regulation imposed by the Financial Service Board on all financial institutions in South Africa, has not been explored. However, the regulatory environment was brought to the readers’ attention to help illustrate certain themes. This research uses only Shariah requirements as detailed in Section 2.2 to analyse transactions. Fatwas (rulings) issued by the Shariah Boards of South African Islamic banks have not been included in this study and may be an area of future research. Originality/value This study is the first of its kind in South Africa. The study adds to the Islamic banking literature by analysing the real execution of Islamic banking transactions rather than the theoretical compliance with Shariah law.
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Tuba, Maphuti David. "Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (March 16, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1308.
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On 22 May 2015, the Supreme Court of Appeal (“SCA”) handed down a judgment in the matter of Lodhi 5 Properties Investments Cc v Firstrand Bank Limited [2015] 3 All SA 32 (SCA). This judgement considered whether the prohibition against the charging of interest on loan in terms of Islamic law (Shariah law) may be a defence for a claim for mora interest in term of a loan agreement. This note critically discusses the judgement in light of the approach adopted by the SCA with regard to addressing dispute arising from a contract that has Islamic law as a governing law. As this is the first case that came before the SCA in South Africa, this note critically analyses how this court discussed the applicable principles of Islamic law as applicable to the dispute between the parties. In particular, it questions the court’s assertion that a claim for mora interest has nothing to do with and is not affected by the Shariah law's prohibition against payment of interest on a loan debt. It also looks at the SCA’s approach (as a common law court) with regard to the enforcement of Islamic banking law principles. This judgement raises important issues regarding the enforceability of Islamic finance law and therefore merits discussion, in light of the continuing growth and expansion of Islamic banking and finance law in South Africa.
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Rosen, Lawrence. "Law and Custom in the Popular Legal Culture of North Africa." Islamic Law and Society 2, no. 2 (1995): 194–208. http://dx.doi.org/10.1163/1568519952599330.
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AbstractFocusing on a series of instances from the Islamic courts of North Africa, the present article argues that custom does not stand apart from the sacred law but is seen by its adherents as itself Islamic and hence indissolubly linked to Islamic law. Local practice and universalizing principles of the sharīʿa thus merge in popular conceptualizations. Legal officials also share in the recognition of custom as part of the shariʾa, thus contributing to the overall legitimacy of the sharīʿa and to its capacity to respond to changing circumstances.
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Kooria, Mahmood. "Two ›Cultural Translators‹ of Islamic Law and German East Africa." Rechtsgeschichte - Legal History 2016, no. 24 (2016): 190–202. http://dx.doi.org/10.12946/rg24/190-202.
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Massoud. "Islamic Law, Colonialism, and Mecca's Shadow in the Horn of Africa." Journal of Africana Religions 7, no. 1 (2019): 121. http://dx.doi.org/10.5325/jafrireli.7.1.0121.
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Nasution, Muhammad Mahmud. "KAJIAN KONTEKSTUALISASI ATAS PEMBAHARUAN HUKUM KELUARGA ISLAM DI NEGARA MUSLIM." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 7, no. 2 (April 4, 2022): 303–18. http://dx.doi.org/10.24952/almaqasid.v7i2.4897.
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The issue of family law is still an interesting discussion both in the world of education and in the politics of legislation, this issue is interesting because it has enormous implications in everyday life. So that there is a need for a significant regulation in this matter, the legislature is expected to be able to bring forth a family law reform that is able to become a buffer that is in accordance with the conditions of life in the family at this time.In modern times, the existence of Islamic law is relatively different from the Islamic law contained in classical fiqh books and also with the view of the eternity of Islamic law above. The reform of Islamic law was carried out in Islamic countries in Europe, Africa, Asia, and even in the Middle East, there were major changes that had never happened before in the last century.In this study, we will only discuss a small part of several Muslim countries that have reformed Islamic family law. The countries that will be discussed are Turkey, Egypt, and Indonesia. Turkey and Egypt are considered as pioneers in the renewal of Islamic family law in the world, because it is these two countries that have reformed Islamic family law for the first time.
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Ayad, Mary B. "Harmonization of Custom, General Principles of Law, and Islamic Law in Oil Concessions." Journal of International Arbitration 29, Issue 5 (October 1, 2012): 477–518. http://dx.doi.org/10.54648/joia2012032.
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What is proposed herein is that common legal principles found in civil, common and Islamic law, which form part or all of the legal systems in the Middle East and North Africa (MENA), can be distilled to create a new harmonized International Commercial Arbitration Law Code (HICALC) for adoption in the MENA. This Code also addresses many of the doctrinal issues that arise in international investment arbitrations. To this end, the author proposes that custom, as expressed in the lex mercatoria, as well as other general principles of law, can be harmonized with Islamic law principles .The majority of the MENA Law Codes are a well-crafted blend of civil and Islamic law in which civil law principles simply do not contradict any Islamic provisions. This was plainly Sanhuri's genius, as these Codes were originally based on Sanhuri's Codes to varying degrees. However, common law principles derived either from English common law or Islamic customary usages are largely unidentified and as a result are ignored. The research herein seeks to redress this lacuna and fill the gap, based upon a comparative law method of the analysis of primary data such as cases, statutes and arbitral award decisions. Adding the element of comparing and harmonizing custom and general principles of law with Islamic law is a new approach. This research is highly practical, representing a synthesis of theory and practice. The importance of this work in light of the revolutionary changes affecting the MENA make this research immensely topical.
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Omenma, J. Tochukwu, and Moses Onyango. "African Union Counterterrorism Frameworks and Implementation Trends among Member States of the East African Community." India Quarterly: A Journal of International Affairs 76, no. 1 (February 21, 2020): 103–19. http://dx.doi.org/10.1177/0974928419901197.
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Attacks from violent extremist organisations have reached unprecedented levels in Africa. Boko Haram, al-Shabaab, al-Qaeda in the Islamic Maghreb and Islamic State and Sinai Peninsula activities account for the majority of high attacks and fatality rates. Their membership cuts across national borders; some have established a presence in local communities, while others are controlling territories in a number of states. This continues to happen despite regional measures such as the Algiers Plan of Action on the Prevention and Combating of Terrorism (2002) and the African Model Anti-Terrorism Law (2011) to contain the activities of violent extremist groups on the continent. The prevailing argument shows that the African Union has initiated several legislations and protocols to contain terrorism on the continent, but the Union lacks the capacity to enforce legislations. Relying on the cost–benefit theoretical explication, we conclude that member states of the East African Community prefer to partner with external organisations in counterterrorism programmes which result in conflicting cross-border rules and challenges in countering violent extremism in Africa.
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Oba, Issa Babatunde. "The dynamics of Islamic marital jurisprudence in Islamic courts: the experience of the Kwara state and Zanzibar." IJoReSH: Indonesian Journal of Religion, Spirituality, and Humanity 2, no. 1 (June 30, 2023): 43–67. http://dx.doi.org/10.18326/ijoresh.v2i1.43-67.
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Zanzibar is an island located in East Africa and part of the United Republic of Tanzania. In contrast, Kwara State is one of the states of the Federal Republic of Nigeria in the West Africa sub-region. Both regions have similar colonial histories and post-colonial experiences. Islamic Jurisprudence has undergone many reforms since the post-colonial era in Zanzibar Island of Tanzania and Kwara State of Nigeria. Islamic Jurisprudence is used in the adjudication process in Islamic religious courts in these two regions of Africa with a sizeable Muslim population. These courts essentially adjudicate Muslim personal matters, such as marriage, divorce, inheritance, wills, and endowment. The official jurisprudence of the people Zanzibar-Tanzania is Shafi’i jurisprudence. For the people of Kwara State of Nigeria, Maliki jurisprudence is recognized. Marriage is considered part of Muslim identity; therefore, applicable jurisprudence is necessary for a fair hearing on Muslim personal matters. The Muslim judges (qadis) play a laudable role in the justice system under Islamic Jurisprudence. This paper uses doctrinal, case law and empirical approaches for the discourse.
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Ercanbrack, Jonathan George. "Islamic Financial Law and the Law of the United Arab Emirates: Disjuncture and the Necessity for Reform." Arab Law Quarterly 33, no. 2 (April 3, 2019): 152–78. http://dx.doi.org/10.1163/15730255-12332011.
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Abstract Islamic financial law (IFL), an emerging global legal order, is a highly fragmented law comprised of both state and non-state generated laws, standards, commercial practices, institutions, fatwās and legal ideas. A recent event involving ṣukūk issuance in which Dana Gas claimed that its ṣukūk were no longer Sharīʿah-compliant highlights the legal disjuncture between global IFL and the laws of municipal legal systems, which have chosen to facilitate and regulate Islamic finance. Systemic legal issues or ‘legal gaps’ undermine investor confidence and impede sustainable development of the Islamic finance industry. Legal gaps include but are not limited to undeveloped securities laws, enforceability issues and a lack of clarity with respect to the role and effect of the Sharīʿah in the municipal legal systems of many MENA (Middle East/North Africa) states. This paper analyses these gaps and in so doing illustrates the relationship of IFL to the law of the United Arab Emirates.
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Witro, Doli, Ali Hamzah, Ike Yulisa, Mhd Rasidin, Syamsarina Syamsarina, and Hainadri Hainadri. "Turkish State Family Law: History Reform, Legislation, and Legal Materials." Politica: Jurnal Hukum Tata Negara dan Politik Islam 7, no. 1 (December 30, 2020): 31–42. http://dx.doi.org/10.32505/politica.v7i1.1621.
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Historically, efforts to reform Family Law in parts of the Islamic world began to be realized in the late 19th century AD. The reality of Islamic legal reforms carried out in Islamic countries in North Africa, the Middle East, Central Asia, and Southeast Asia gave rise to unprecedented changes in the last century. These changes occur both in the justice system and in the system applied. Changes to family law were first carried out by Turkey, then followed by Lebanon in 1919, Jordan in 1951, and Syria in 1953. Muslim countries in the world, in their context with the renewal of family law, are divided into three categories. First, an Islamic state that does not carry out any renewal and still enforces family law as stipulated in the books of fiqh. Secondly, an Islamic state that has completely abandoned Islamic family law and adopted European civil law. Third, countries that are trying to enforce Islamic family law but after making reforms here and there. This paper tries to discuss one of the reforms carried out by one Muslim country, namely Turkey, which is related to the reformation (reform) of family law that starts from the history of reform, legislation, renewal, and legal material. The author chose Turkey because it is the first Muslim country to make changes to family law.
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Fournier, Pascale, Julia Nicol, and Anna Dekker. "En-Gender-ing Legal Reforms: Islamic Law in Africa and East Asia." Amsterdam Law Forum 3, no. 2 (April 1, 2011): 103. http://dx.doi.org/10.37974/alf.178.
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Goldstone, Jack A. "Is Islam Bad for Business?" Perspectives on Politics 10, no. 1 (March 2012): 97–102. http://dx.doi.org/10.1017/s1537592711004920.
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In this beautifully crafted book, Timur Kuran provides a remarkably rich analysis of how Islamic law impeded economic progress in the Middle East and North Africa. Kuran's views are fresh and powerful, and they are subtle. He does not claim that Islamic law was generally bad for economic activity. He does not claim that prohibitions on interest denied credit to merchants or entrepreneurs. Nor does he claim that predation by absolutist states blocked capitalist accumulation or inhibited commerce.
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Moosa, Riyad, and Ben Marx. "Customer Selection Criteria: Islamic Banks in South Africa." International Journal of Professional Business Review 8, no. 7 (July 25, 2023): e02387. http://dx.doi.org/10.26668/businessreview/2023.v8i7.2387.
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Purpose: The purpose of this study is to investigate the selection criteria of customers in South Africa and to examine these criteria with respect to gender. Theoretical framework: This study is conducted taking into an account an Islamic worldview that is guided by Sharia (Islamic law). Design/Methodology/Approach: A quantitative approach to data analysis was used to meet the purpose of the study. The location of the study is South Africa. The population of interest were customers at Islamic banks who identified as being Muslim. An online survey was used to collect data based non-probability sampling techniques. The final sample used for data analysis consisted of 163 valid responses from Muslims throughout South Africa. Data was analyzed based on mean analysis and an independent sample t-test. Findings: The results indicate that “religious reasons only”, “Islamic reputation and image” the “economic and financial reputation” and having an “involvement in the community” are the selection criteria considered to be most important by both males and females. The criteria least considered by respondents when selecting an Islamic bank relates to “wide range of facilities offered”, “friend use this type of bank” and “higher rates of return offered”. The results also suggest that there are no significant differences in the selection criteria of customers based on gender when choosing an Islamic bank. Research, Practical & Social implications: These results can be used by management of Islamic banks in South Africa in designing policies and launching campaigns to attract new customers and retain existing customers. Originality/Value: This is the first study to consider the role of gender as it relates to the selection criteria of customers at Islamic banks in South Africa.
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Çizakça, Murat. "Economic Systems of Muslims in History." Arab Law Quarterly 35, no. 1-2 (August 24, 2020): 6–49. http://dx.doi.org/10.1163/15730255-bja10057.
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Abstract During its long history, the Islamic world experienced three different economic systems. The original Islamic economy introduced by the Qurʾān and other classical sources of Islam, was a form of sui generis, commercial, pre-industrial and ethical capitalism. Evidence for this will be presented from the classical sources of Islam as well as from the history of Islamic economic thought. In later centuries it is possible to observe a transition from this unique capitalism towards more centralised structures, which reached its zenith with the Ottoman proto quasi-socialism. Most recently, after the Second World War, newly independent Muslims re-invented Islamic finance. Although an almost three trillion USD industry, so far this has been basically an imitation of conventional finance. Whether a truly modern and Islamic capitalism or another system will emerge from this, remains to be seen. Ample historical evidence across the Islamic world from West Africa to Indonesia is provided.
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Nisa', Zulia, Afrohatul Laili, and Endri Miftahus Sururi. "Kajian Atas Pemikiran Pembaharuan Hukum Islam Abdullah Ahmad An-Na'im." Fakta: Forum Aktual Ahwal Al-Syakhsiyah 1, no. 2 (August 16, 2023): 41–51. http://dx.doi.org/10.28926/fakta.v1i2.1345.
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The development of thought in the Islamic world that is emerging today is very diverse in politics, economics, feminism, and so on. This idea emerged in Africa, India and Sudan. Apart from these areas, Islamic thought and studies have also developed widely in Europe and America. The term sharia reform that An-Na'im uses as his idea goes beyond Muslim fundamentalism and secularism in responding to contemporary discourse, including justice, democracy, human freedom as individuals and their obligations towards the environment. Is it true that Islam has been able to answer all contemporary problems, is it true that social problems have answers only outside Islam? Shouldn't Islam be a modern ideology that remains alive? This research uses normative research because the research uses library materials as the main data for analyzing cases. This research specifically examines the study of Islamic law reform ideas by Abdullah Ahmad An-Na'im. An-Naim offers a new alternative methodology in uncovering Islamic views on Human Rights. His main concern is Islamic law with its relationship to modern international issues such as human rights, modern constitutionalism and modern criminal law. According to him, Islamic law currently requires total deconstruction reform.
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Zulhamdi, Zulhamdi. "PEMBAHARUAN HUKUM ISLAM DI INDONESIA DAN TOKOH-TOKOHNYA." Jurnal Ilmiah Islam Futura 19, no. 2 (December 28, 2019): 239. http://dx.doi.org/10.22373/jiif.v19i2.4414.
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The emergence of new problems or problems in the community that really need legal clarity, all of which have not been answered in either the Qur'an or the Hadith, in connection with the cessation of revelation and the death of the Prophet Muhammad who acted as a mediator between revelation and the reality that lived at that time. The renewal of Islamic law is the solution, the purpose of this paper is to find out the concepts of Islamic law reform and figures who contribute to the renewal of Islamic law. The type of research is descriptive qualitative with library research, namely research that is directed and focused on the study and discussion of library materials that have to do with the problem being studied, Overall, the renewal of Islamic law in Indonesia runs rather slowly compared to other Muslim countries, especially in the Middle East, North Africa, India and Pakistan. However, the realization of the marriage law number 1 of 1974, government regulation number 9 in 1975, Government regulation number 10 of 1983, government regulation number 28 of 1977 concerning the ownership of land, and the realization of the compilation of Indonesian Islamic law in 1991 were the dynamics of renewal of Islamic legal thinking that must be grateful, as for the characters and the ideas are: 1) Hasbi Ash-Shiddieqy (Indonesian Jurisprudence); 2) Hazairin: Indonesian National School; 3) Munawir Syadzali: Reactualization of Islamic Law; 4) Ibrahim Hosen: Making Nash Qat'i fun; 5) Ali Yafie and Sahal Mahfuz: Social Jurisprudence.
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Park, Kyu Hwan. "Comparative law Study on the Basic Rights of Islamic Countries in Northern Africa." YONSEI LAW JOURNAL 42 (July 31, 2023): 479–508. http://dx.doi.org/10.33606/yla.42.14.
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AVDEEVA, Varvara. "Islamic Law: Role of European Legal Universalism in Destabilizing Muslim World." Middle & Post-Soviet East 2, no. 2 (2023): 149–65. http://dx.doi.org/10.31249/j.2949-2408.2023.02.09.
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In the study, from the point of view of law, the European discourse regarding the norms of Islam in the countries of the Near and Middle East and North Africa is analyzed. The characteristic features of the ancient legal tradition, the Christian tradition, as well as the concept of “humanism” and their significance for European legal universalism are determined. An assessment of the relevance of the existence of Islamic international law is given. Conclusions are drawn that international law is based on values and principles similar to both the Islamic and the Christian world. At the same time, the existing differences between the two religions emphasize the need to take into account regional specifics in relation to the norms of international law. Otherwise, there is a high risk of a clash of two civilizations and destabilization of the vast expanse of the Islamic world, which in turn will lead to the creation of geopolitical problems throughout Eurasia.
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Pervez, Saulat. "The International Institute of Islamic Thought Intellectual Panels." American Journal of Islam and Society 33, no. 3 (July 1, 2016): 157–61. http://dx.doi.org/10.35632/ajis.v33i3.933.
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The International Institute of Islamic Thought (IIIT) held a series of panels atthe 41st annual convention of the Islamic Circle of North America (ICNA) inBaltimore, MD, on Sunday, May 29, 2016.The first panel, “Maqāṣid al-Sharī‘ah as a Philosophy of Islamic Law,”featured Jasser Auda (Al-Shatibi Chair of Maqasid Studies, the InternationalPeace College, South Africa) and Ebrahim Rasool (Distinguished Scholar inResidence at Georgetown University’s Edmund A. Walsh School for ForeignService and former ambassador of South Africa to the U.S.), with ErminSinanović (director, Research and Academic Programs, IIIT) as moderator.Sinanović began by introducing IIIT to the diverse audience. He explainedthat the institute is devoted to the revival of Islamic traditions and the reformof Muslim societies. In addition to affirming that our sources and principlesare unchangeable, he positioned IIIT as the institution dedicated to making our intellectual legacy the core of the solution to our current malaise, for it is the“answer to the crisis of the ummah,” a crisis that is largely intellectual in nature:our inability to translate our eternal message as per our time and space ...
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Sodiq, Yushau. "Gender and Islam in Africa." American Journal of Islam and Society 29, no. 4 (October 1, 2012): 87–90. http://dx.doi.org/10.35632/ajis.v29i4.1178.
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Gender and Islam in Africa is a great contribution to the scholarship onAfrican women. The contributors, all of whom come from different disciplines,seek to elevate the status of women by promoting gender equality,human rights, and democracy in androcentric African societies. They appealfor more women to participate in the reshaping and reforming of women’sroles; assert that women were part of Africa’s development; and maintainthat male religious scholars who interpret Islamic religious texts in a way designedto relegate women to second-class status, as opposed to Islam, are theprimary cause of women’s predicaments. This work is divided into threemajor sections: “Women Re/produce Knowledge,” “Re/constructing Women,Gender, and Sexuality,” and “Shari‘ah, Family Law, and Activism.” The contributorscite many examples of female scholars, among them Nana Asma’uand Malama Aishatu Dancandu, and their production of knowledge beforeand after colonialism.
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Jeenah, Na'eem. "The national liberation struggle and Islamic feminisms in South Africa." Women's Studies International Forum 29, no. 1 (January 2006): 27–41. http://dx.doi.org/10.1016/j.wsif.2005.10.004.
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Brockopp, Jonathan E. "Early Islamic Jurisprudence in Egypt: Two Scholars and Their Mukhtaṣars." International Journal of Middle East Studies 30, no. 2 (May 1998): 167–82. http://dx.doi.org/10.1017/s0020743800065855.
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Recent scholarship on the manuscript libraries of North Africa has substantially increased the amount of literature available for analysis of the formative period in Islamic law, particularly for the nascent Malikite school. Students of Islamic law are now in a position, for instance, to begin a re-assessment of the 9th century, the vital transition period between the ancient schools of the 7th and 8th centuries, and the establishment of the classical schools in the 10th and 11th centuries.1 Not only will these new texts make the process of establishment of the classical schools clearer, they will also provide a much stronger basis for the study of earlier centuries, throwing into question the canonical status that has been granted to early legal texts by Western and traditional Muslim scholars alike.
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Shatzmiller, Maya. "Women and Wage Labour in the Medieval Islamic West: Legal Issues in an Economic Context." Journal of the Economic and Social History of the Orient 40, no. 2 (1997): 174–206. http://dx.doi.org/10.1163/1568520972600748.
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AbstractThe evidence of the late medieval period, 11th-15th centuries, indicates that women's participation in the labour market was both considerable and diversified. This paper studies whether and how women's wage labour was affected, controlled and regulated by laws, courts and judges, by using an array of the Mālikī legal sources from Muslim Spain and North Africa. It shows the existence of a legal approach straddling a strict application of the law of the ijāra, with adjustments to family law and admission of customary law, but more importantly, an approach inspired and adapted to the framework of women's property rights and therefore beneficial to them.
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Miftakhul Arif. "Konsep Maqasid Al-Shari‘ah Abdullah bin Bayyah." El-Faqih : Jurnal Pemikiran dan Hukum Islam 6, no. 1 (May 9, 2020): 18–35. http://dx.doi.org/10.29062/faqih.v6i1.100.
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This article is the result of the literature research on the concept of maqasid alshari‘ah according to Abdullah ibn Bayyah, a Muslim thinker from Mauritania, Africa. The results concluded several things as follows. First, the decline of Islamic law according to the Bayyah Bin is caused by three factors, namely: failure in seeing social reality, superficiality in understanding the nature of Islamic law, as well as error methodology. Secondly, to answer the problemabove Bin Bayyah put maqasid al-shari‘ah as the spirit of jurisprudence. Any law that does not bring the maqasid to the body without the spirit. Secondly, the maqasid al-shari‘ah should be placed in the framework of the Islamic law methodology, partnering with usul al-fiqh. The task of maqasid al-shari‘ah is as a guideline for the excavation of the law (istinbat), while the task of usul al-fiqh is to digest (indibat) maqasid al-shari‘ah so as not to be legalized. The maqasid al-shari‘ah approach, according to Bayyah Bin, also requires a middle position between the use of general evidence (Al-Kulliy) and special Evidence (Juz'iy), between text and context. In this way, maqasid al-shari‘ah is expected to present a religious fatwa that is compatible with social reality and bring the benefit of the people.
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Struillou, Ana. "Leaving Iberia. Islamic Law and Christian Conquest in North West Africa, written by Jocelyn Hendrickson." Journal of Early Modern History 26, no. 6 (December 12, 2022): 572–74. http://dx.doi.org/10.1163/15700658-12342719.
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Steffany, Steffany. "Comparison of Civil Law and Common Law in Australia and Surrounding Countries." Jurnal Daulat Hukum 5, no. 3 (September 30, 2022): 156. http://dx.doi.org/10.30659/jdh.v5i3.24389.
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This study aims to determine the legal system can be interpreted in two ways. First, the legal system is defined as a unit of components or elements (sub-systems) as follows: material law-formal law and civil law-public law. Included in this view are those who see the legal system as a unity between various laws and regulations with legal principles. Second, the legal system is defined as a unity of components: legal structure, legal substance, and legal culture. Eric L Richard, an expert in global business law, divides the main legal systems into six legal families: Civil law, Common law, Islamic law, Socialist law, Sub Sahara Africa, and Far east. This research is a qualitative research with a historical juridical approach that describes the legal history of how civil law and common law apply in various countries. By collecting data in the library supported by primary and secondary data according to the chosen topic. In general, based on how law is produced and implemented, there are two legal systems known in the world, namely, civil law and common law. The two legal systems have their own history and differences.
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Ilias, Ibtisam @. Ilyana, Rusni Hassan, Elistina Abu Bakar, and Salina Kassim. "Protection Against Over-Indebtedness: Appraising Suitability and Affordability Assessment in Malaysia and South Africa." Malaysian Journal of Consumer and Family Economics 31, no. 1 (December 1, 2023): 61–93. http://dx.doi.org/10.60016/majcafe.v31.03.
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This study analyses mandatory suitability and affordability assessment embodied in the Guidelines on Responsible Financing issued by the Central Bank of Malaysia, focusing on conventional banks, Islamic banks and prescribed development financial institutions. It employed a doctrinal legal research methodology whereby relevant primary and secondary sources of law were meticulously analysed. This study also employed comparative legal research methodology whereby the approach adopted in South Africa was scrutinised and compared against the practice in Malaysia. This study found that the Guidelines on Responsible Financing play an essential role in ensuring responsible lending among the banks, Islamic banks, and prescribed development financial institutions in Malaysia. Based on the analysis conducted, several recommendations were proposed to bolster the existing regulatory approach in imposing suitability and affordability assessment. The outcome of this study is imperative in reducing the situation of over-indebtedness among Malaysians and reinforcing the responsible lending regime in Malaysia.
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El Khatib, Ahmed Sameer. "influence of the geographical environment on Islamic banking performance." Revista Catarinense da Ciência Contábil 20 (May 7, 2021): e3146. http://dx.doi.org/10.16930/2237-7662202131462.
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The main goal of this study is to examine the influence of the geographic environment on the performance of Islamic banks present in four regions: Africa, Asia, Europe and North America. To achieve this goal, we have used daily data from 113 Islamic banks between 2010 and 2019. We applied different methodological approaches, such as principal component analysis and quantile regression with fixed effects for panel data. As a result, we found that the analysis of the main components shows that the performance of Islamic banks varies between regions. The regression of the linear panel highlights that the geographic environment positively and significantly affects the Islamic banking system, suggesting the importance of this aspect’s effects. Finally, the environmental effect seems to vary with the quantiles, bringing positive effect to the lower quantile and negative effect to the highest quantile. This quantile specification points to the environment-performance nonlinear relationship of the Islamic bank, reflecting a discipline variable in the time imposed by the Council of Shariah or Islamic Law. This discovery helps to better explain the main difference between Islamic banks in the East and those in the West, and also allows investors to adjust their portfolio options when considering the products of Islamic banks according to regional specificities.
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Rahbarqazi, Mahmoudreza, Seyed Javad Emamjomehzadeh, and Hossein Masoudnia. "Political Attitudes of Arab Citizens in North Africa." Politologija 95, no. 3 (September 9, 2019): 1–32. http://dx.doi.org/10.15388/polit.2019.95.5.
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Theories of social capital, government performance, Islamic values, and globalization are among the most important tools that can be used to help explain individuals’ political attitudes. The present research attempts to address the effects of the abovementioned factors on the political attitude of Arab citizens using the Arab Barometer Wave IV data. The results showed that only 23.2% of citizens disagreed with a democratic political system, while 70.3% and 60.1% expressed their opposition to authoritarian and Shari’ah-based systems. Results of the final model of research indicated that memberships in social associations, on the one hand, increased the tendency of individuals to support authoritarian and law-based political systems and, on the other hand, did not have any significant effect on the tendency toward supporting a democratic political system. It was concluded that improving economic performance not only affected the promotion of the Shari’ah-based political system, but that Political Performance also reduced the inclinations toward Shari’ah and authoritarianism. Furthermore, Political Performance increased the tendency of individuals to favor a democratic system. In addition, although individuals’ support for a Shari’ah-based political system had increased, Islamic values did not act as a barrier that would keep individuals away from favoring a democratic political system. Among the variables of globalization, the expansion of communication reduced people’s tendencies toward Shari’ah and authoritative political systems, along with a positive effect on strengthening support for democratic systems. Ultimately, Westernization only affected the shrinking support of some Shari’ah-based political systems.
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Lubeck, Paul M. "Islamic protest under semi-industrial capitalism: 'Yan Tatsine explained." Africa 55, no. 4 (October 1985): 369–89. http://dx.doi.org/10.2307/1160172.
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Opening ParagraphSince 1980, with considerable regularity during the dry season which propels the rural poor into the urban centres of northern Nigeria, religious riots have erupted in or adjacent to five cities: Kano (1980), Kaduna (1982), Bulum-Ketu near Maiduguri (1982), Jimeta near Yola (1984) and Gombe (1985). In each instance the conflict was remarkably similar. When confronted by the state authorities, an Islamic sect, the 'Yan Tatsine, unleashed an armed insurrection against the Nigerian security forces and those outside the sect, resulting in widespread destruction, in thousands of deaths and in millions of naira of property losses. Indeed, if one were to search for a historical equivalent in Nigerian history, only the communal riots of 1966 surpass the destruction wrought by the 'Yan Tatsine insurrections of the eighties. The account appearing in West Africa, describing the Gombe outbreak, provides a typical press analysis of the insurrection:Fighting began early on Friday, April 29 when a detachment of police moved in to arrest suspected members of a maitatsine type religious sect in the Pantami ward of Gombe. The suspected leader of the religious group is a man named Yusufu Adamu. That was when all hell broke loose. Within hours, some streets had been littered with corpses many of them caught in the cross fire between fanatics and the law enforcement agents. [West Africa, 6 May 1985: 876]For the following analysis it is noteworthy that the correspondent describes the sect as a ‘maitatsine type’, that the insurrection erupted only when the police attempted to arrest an alleged leader and that the members of the dissident sect are labelled ‘fanatics’ without any supporting evidence.
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Tayob, Shaheed. "‘O You who Believe, Eat of the Tayyibāt (pure and wholesome food) that We Have Provided You’—Producing Risk, Expertise and Certified Halal Consumption in South Africa." Journal of Religion in Africa 46, no. 1 (November 9, 2016): 67–91. http://dx.doi.org/10.1163/15700666-12340064.
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This article is an analysis of the development of halal consumption in South Africa. Research on the contemporary consumption of halal has argued for an articulation of Muslim identity in a variety of settings. What evades these scholarly analyses is the production of halal as a commodity. How is it that halal consumption, as defined by Islamic dietary law, has been produced into a separately identifiable product? This paper argues that in South Africa the production of certified halal has been produced through an extensive campaign that identified the power of the Muslim consumer, consumption as an Islamic imperative, and the contemporary risks to halal presented by food technology and cross-contamination. Communicating with the Muslim consumer and identifying risks to halal consumption established a particular form of halal-certification expertise. The result was an increase in the visibility of halal and the establishment of halal-certification organizations as necessary intermediaries for the proper practice of halal. In the process taqwa was recalibrated to mean vigilance against uncertified consumption as the inspection of a halal label was introduced into the determination of halal.
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Ferhi, Afifa. "Credit risk and banking stability: a comparative study between Islamic and conventional banks." International Journal of Law and Management 60, no. 4 (July 9, 2018): 1009–19. http://dx.doi.org/10.1108/ijlma-05-2017-0112.
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Purpose This paper aims to evaluate the credit risk of Islamic and conventional banks and its relationship with the capital in 14 countries of the Middle East and North Africa region. To do this, a sample of 58 Islamic banks and 89 conventional banks during the 2005-2015 period was used. Design/methodology/approach In fact to measure the difference between Islamic banks and their conventional counterparts in terms of credit risk, the generalized method of moments is used. Findings The results showed that the conventional model has a higher credit risk than the Islamic one. These results also showed that the larger an Islamic bank is, the higher its credit risk will be to get closer to that of conventional banks. Originality/value This investigation is based on actual data for each bank available in the Bank-Scope database provided by the Van Dijik office (2013). It should be noted that almost all the recent empirical studies interested in the world banking sector essentially use this database.
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Tayob, A. I. "Approaches to the Study of Islam and Muslim Societies." American Journal of Islam and Society 9, no. 3 (October 1, 1992): 425–27. http://dx.doi.org/10.35632/ajis.v9i3.2585.
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This conference was convened by J. H. Dreyer of the Department ofSemitic Studies at the University of South Africa, Pretoria, South Africa, andthe Department of Religious Studies, University of Cape Town, Cape Town,South Africa. It was preceded by a banquet, during which the Islamic Studiesprogram of the Department of Religious Studies was introduced to the peopleof Cape Town. Approximately 250 invited guests attended the conference,which was well received by local Muslims and set the parameters for ahealthy relationship between the department and the Muslim community.The conference was attended by a fluctuating audience of eighty to 150individuals from the University of Cape Town and various Muslim communities.This provided an ideal opportunity for the emergence of a varietyof lively and critical ideas. Issues affecting Muslims living in South Africaalso generated a lot of discussion.The keynote guest speaker was Richard Martin, Arizona State University,Tucson, Arizona. The rest of the papers were presented by scholars fromSouth African universities who have been involved in the study of Islam andArabic. The following broad areas were covered: early Islamic history;Qur'anic hermeneutics in traditional and modem scholarship; revivalism;Islam in South Africa; and Muslim personal law in South Africa.The first session dealt with early Islam and featured two presentations.The first, Martin's paper on "Public Theology in Medieval Islam: The Roleof Kalam in Conflict Definition and Resolution," set the pace with aninteresting and innovative approach to the study of early theological disputes.In addition, he presented kalam disputes to illustrate how modem discussionsand debates on fundamentalism have produced a kind of public theologyinvolving both the media and academia in North America. He was followedby Abdul Kader I. Tayob, University of Cape Town, who dealt with themeaning and significance of the masjid as a sacred space as reflected in theQur'an and si'rah literature of the thirteenth hijri century.Two papers on Qur'anic hermeneutics made up the second session. A. K. ...
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Mraja, Mohamed. "The Reform Ideas of Shaykh 'Abdallāh Sālih al-Farsī and the Transformation of Marital Practices among Digo Muslims of Kenya." Islamic Law and Society 17, no. 2 (2010): 245–78. http://dx.doi.org/10.1163/092893809x12529150696079.
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AbstractThis essay examines the reformist ideas of Shaykh 'Abdallāh Sālih al-Farsī (1912-1982) on the institution of marriage in Muslim East Africa as expressed in his work Ndoa-Talaka na Maamrisho Yake (“Marriage-Divorce and Governing Regulations”). Unlike earlier scholars who mention al-Farsī's reformist ideas without detailing the specifics, I attempt to relate al-Farsī's reform agenda to the transformation of the marital practices of the Digo Muslims of the southern Kenyan coast. Although al-Farsī did not depart radically from the predominantly Shāfi'ī law, he did attempt to use Islamic normative teachings to transform prevailing practices which he regarded as antithetical to the spirit of the law.
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Stewart, Charles C. "On Trans-Saharan Trails: Islamic Law, Trade Networks, and Cross-Cultural Exchange in Nineteenth-Century Western Africa." Islamic Africa 1, no. 2 (December 21, 2010): 261–63. http://dx.doi.org/10.5192/215409910794105841.
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Taylor, Raymond M. "On Trans-Saharan trails: Islamic law, trade networks, and cross-cultural exchange in nineteenth-century Western Africa." Journal of North African Studies 15, no. 4 (December 2010): 585–87. http://dx.doi.org/10.1080/13629387.2010.504032.
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Viviers, Suzette, and Colin Firer. "Responsible investing in South Africa: A retail perspective." Journal of Economic and Financial Sciences 6, no. 1 (April 30, 2013): 217–42. http://dx.doi.org/10.4102/jef.v6i1.285.
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This research addresses a gap in the literature on responsible investing (RI) in South Africa by studying the risk-adjusted performance of RI unit trusts available to retail investors. The Sharpe, Sortino and Upside-potential ratios for 16 RI unit trusts, their benchmarks and a matched sample of conventional unit trusts were calculated for the period 1 June 1992 – 31 August 2011. Most of the RI unit trusts in South Africa use exclusionary screens based on Shari’ah (Islamic) law with the remaining funds focusing on social issues, such as labour relations and social development. The total expense ratios of RI unit trusts are slightly higher than those of conventional funds, but no different from that of their benchmarks or a matched sample of conventional unit trusts. It is suggested that local assets managers expand the range of retail RI unit trusts available in the country.
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Dianati, Yusrina Nur, and Tika Ifrida Takayasa. "The Politics of Marriage Law in Al Jazair (Between Modernizing Family Law and Maintaining Conservative Values)." QURU’: Journal of Family Law and Culture 1, no. 3 (December 1, 2023): 261–78. http://dx.doi.org/10.59698/quru.v1i3.120.
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Algeria is one of the Muslim countries in Africa. Algeria has undergone a series of legal reforms, including in the area of family law. These reforms may include efforts to modernize the law, improve the protection of women's rights, and adapt regulations to social and cultural developments. Social and cultural values also play a role in family law in Algeria. The fundamental problem in this paper is how the political process in realizing the standardized marriage law. This article uses a political law approach with a qualitative method by describing political phenomena that occur in the State of Algeria. The conclusion in this article is that family law in Algeria is a reflection of efforts to achieve a balance between tradition and modernity, as well as between Islamic values and colonial influences. This search for harmony reflects the changing dynamics of Algerian society, where family law has become a vehicle to reflect and adapt to the changes taking place in an increasingly complex society. Although challenges remain, efforts to achieve justice, equality and resilience in family law continue to be an integral part of Algeria's journey towards a more inclusive and age-appropriate future.
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Hajjar, Lisa. "Religion, State Power, and Domestic Violence in Muslim Societies: A Framework for Comparative Analysis." Law & Social Inquiry 29, no. 01 (2004): 1–38. http://dx.doi.org/10.1111/j.1747-4469.2004.tb00329.x.
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This article focuses on the issue of domestic violence in Muslim societies in the Middle East, Africa, and Asia. The analytical framework is comparative, emphasizing four factors and the interplay among them: shari'a (Islamic law), state power, intrafamily violence, and struggles over women's rights. The comparative approach historicizes the problem of domestic violence and impunity to consider the impact of transnational legal discourses (Islamism and human rights) on “local” struggles over rights and law. The use of shari'a creates some commonalities in gender and family relations in Muslim societies, notably the sanctioning and maintenance of male authority over female relatives. However, the most important issue for understanding domestic violence and impunity is the relationship between religion and state power. This relationship takes three forms: communalization, in which religious law is separate from the national legal regime; nationalization, in which the state incorporates religious law into the national legal regime; and theocratization, in which the national legal regime is based on religious law.
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Anyanwu, Ogechi E. "Crime and Justice in Postcolonial Nigeria: The Justifications and Challenges of Islamic Law of Shari'ah." Journal of Law and Religion 21, no. 2 (2006): 315–47. http://dx.doi.org/10.1017/s0748081400005646.
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Nowhere, in recent times, has the question of the Islamic Law of Shari’ah produced such a crescendo of concern, posed such a challenge to the prevailing justice system, as in Nigeria. In "modern" societies, the criminal justice system not only produces social solidarity by reaffirming the society's bond and its adherence to certain norms, but also serves to legitimize the political authority of the state. In the postcolonial pluralistic society of Nigeria, the criminal justice system has been fundamentally influenced by the ascendancy of Western penology. During the era of European colonization of Africa, existing systems of justice were suppressed; in Nigeria's case, by the British imperial power. Predictably, the British system of justice clashed with the indigenous systems. Nowhere is this historical conflict more manifest than in the ongoing challenge Shari’a has posed to the Nigerian state. Shari’ah was an incendiary issue during the colonial period (1900-60) in Nigeria, and has continued to challenge the classical view of the modern state ever since. This challenge has reshaped Nigeria's postcolonial criminal justice system. Here religion, politics, and society intersect, shedding light on the arrival, reactions, and crises of modernity, themes that run through the Shari’ah controversy like interwoven threads.
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Ghenimi, Ameni, Hasna Chaibi, and Mohamed Ali Brahim Omri. "Liquidity risk determinants: Islamic vs conventional banks." International Journal of Law and Management 63, no. 1 (November 18, 2020): 65–95. http://dx.doi.org/10.1108/ijlma-03-2018-0060.
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Purpose This paper aims to identify and analyze the similarities and differences of the liquidity risk determinants within conventional and Islamic banks. Design/methodology/approach This study uses a dynamic panel data approach to examine the relationship between liquidity risk and a set of bank-specific and macroeconomic factors during 2005–2015, by selecting 27 Islamic banks and 49 conventional ones operating in the MENA region. More specifically, the dynamic two-step generalized method of moment estimator technique introduced by Arellano and Bond (1991) is applied. Findings The results suggest that the set of bank-specific variables influences the liquidity risk of both banking systems, while macroeconomic factors determine the liquidity risk of conventional banks. Islamic banks are not affected by macroeconomic determinants. Practical implications The research facilitates to the academicians, practitioners and bankers to have an alluded picture about liquidity risk determinants and their management. The findings can be used by bankers’ policy decision-makers to improve and enhance their consideration for liquidity risk management in both banking systems. Indeed, the study makes them aware to manage liquidity risk differently between conventional and Islamic banks, as the results reveal different liquidity risk determinants. Originality/value Compared to the abundant studies on the determinants of credit risk, researchers have not sufficiently addressed the factors influencing liquidity risk. Moreover, none of these few research studies has discussed and compared liquidity risk determinants within both banking systems operating in the Middle East and North Africa (MENA) region. This leads us to identify the similarities and differences between conventional and Islamic banks in the MENA region in respect of systematic and unsystematic determinants of the liquidity risk. The value is attributed to the increasing differentiation between Islamic and conventional banks. Islamic banks are characterized with a different liquidity structure distinguishing them from their conventional counterparts.
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Saidu, Oluwaseun Sulaiman, Murat Cizakca, and Rodney Wilson. "HARMONIZATION IS THE ONLY “GAME” IN TOWN; ACTUALIZING THE FUNCTIONALITY OF VITAL ISLAMIC FINANCIAL INSTITUTIONS: A CASE OF WAQFS IN NIGERIA." Jurnal Syariah 29, no. 2 (August 31, 2021): 175–94. http://dx.doi.org/10.22452/js.vol29no2.1.
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While it is true that more often than not, constitutional democracies might enshrine freedom of religion and thus provide for equal treatment of all religions within a given state, the Islamic characterization of the waqf institution transcends the subsisting limits allowed for in the not-for profit legal infrastructure including their taxation exemption provisions in the Nigerian state. According to modest statistics, Nigeria is home to about 100 million Muslims but her governing laws are at best described as secular. The objective of this research is therefore to harmonize the Islamic law of waqf institution and the extant not-for-profit laws in Nigeria such that the institution can function within the Nigerian state without infringing on the Islamic Shariah whilst at the same time complying with the constitutional dictates of the country. The merits of such an exercise are numerous. It could readily be replicated in other non-Muslim jurisdiction across the world. Nigeria being the largest economy in Africa, the dividends of such an exercise would cascade across the continent consisting mainly so called developing countries.