The Experts below are selected from a list of 64311 Experts worldwide ranked by ideXlab platform
Arshad Zaman - One of the best experts on this subject based on the ideXlab platform.
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review article timur kuran the long divergence how Islamic Law held back the middle east princeton princeton university press 2011
Social Science Research Network, 2011Co-Authors: Arshad ZamanAbstract:The book reviewed argues that over the course of a thousand years, 'living standards' in 'the Middle East' fell behind those in 'the West' because Islamic Law held back the Middle East, and this was the cause not the consequence of the Middle East coming under foreign domination. The argument, however, is largely theoretical, which is not supported by logic or history, and its counsel of blindly importing institutions from the West is neither practical nor sensible.
Ari Schriber - One of the best experts on this subject based on the ideXlab platform.
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a precedent for the unprecedented historical reflections on plague quarantine and Islamic Law in morocco
Social Science Research Network, 2021Co-Authors: Ari SchriberAbstract:Historical Reflections on Plague, Quarantine, and Islamic Law in Morocco, written as part of the Islamic Law Blog's 2020 Roundtable on pandemics.
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a precedent for the unprecedented historical reflections on plague quarantine and Islamic Law in morocco preprint
Social Science Research Network, 2021Co-Authors: Ari SchriberAbstract:Historical Reflections on Plague, Quarantine, and Islamic Law in Morocco, written as part of the Islamic Law Blog's 2020 Roundtable on pandemics.
Timur Kuran - One of the best experts on this subject based on the ideXlab platform.
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the long divergence how Islamic Law held back the middle east
2010Co-Authors: Timur KuranAbstract:Preface ix PART I Introduction Chapter 1: The Puzzle of the Middle East's Economic Underdevelopment 3 Chapter 2: Analyzing the Economic Role of Islam 25 PART II Organizational Stagnation Chapter 3: Commercial Life under Islamic Rule 45 Chapter 4: The Persistent Simplicity of Islamic Partnerships 63 Chapter 5: Drawbacks of the Islamic Inheritance System 78 Chapter 6: The Absence of the Corporation in Islamic Law 97 Chapter 7: Barriers to the Emergence of a Middle Eastern Business Corporation 117 Chapter 8: Credit Markets without Banks 143 PART III The Makings of Underdevelopment Chapter 9: The Islamization of Non-Muslim Economic Life 169 Chapter 10: The Ascent of the Middle East's Religious Minorities 189 Chapter 11: Origins and Fiscal Impact of the Capitulations 209 Chapter 12: Foreign Privileges as Facilitators of Impersonal Exchange 228 Chapter 13: The Absence of Middle Eastern Consuls 254 PART IV Conclusions Chapter 14: Did Islam Inhibit Economic Development? 279 Notes 303 References 349 Index 393
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the absence of the corporation in Islamic Law origins and persistence
Social Science Research Network, 2004Co-Authors: Timur KuranAbstract:Classical Islamic Law recognizes only natural persons; it does not grant standing to corporations. This article explores why Islamic Law did not develop a concept akin to the corporation, or borrow one from another legal system. It also identifies processes that delayed the diffusion of the corporation to the Middle East even as its role in the global economy expanded. Community building was central to Islam's mission, so early Muslim jurists had no use for a concept liable to facilitate factionalism. Services with large setup costs and expected to last indefinitely were supplied through the waqf, an unincorporated trust. The waqf thus absorbed resources that might otherwise have stimulated an incorporation movement. Partly because the waqf spawned constituencies committed to preserving its key features, until modern times private merchants and producers who stood to profit from corporate powers were unable to muster the collective action necessary to reform the legal system. For their part, Muslim rulers took no initiatives of their own to supply the corporate form of organization, because they saw no commercial or financial organizations worth developing for the sake of boosting tax revenue.
Mohammad Fadel - One of the best experts on this subject based on the ideXlab platform.
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dna evidence and the Islamic Law of paternity in light of maqāṣid al sharīʿa
Social Science Research Network, 2020Co-Authors: Mohammad FadelAbstract:The protection of progeny (nasl) is one of the five universal ends (al-maqasid al-kulliyya al-khams) of Islamic Law. Despite this principle, classical Islamic Law (fiqh), with very limited exceptions, barred affiliating a child conceived through illicit intercourse to its biological father, even if his identity was known. Was this based on a pragmatic recognition of the impossibility of identifying the “true” biological father of any child or a commitment to a deeper principle? If the former, the reliability of DNA testing would require a change in the rule, but if the latter, DNA’s reliability would be irrelevant. Using primarily examples drawn from the Maliki school of Law, this paper argues, based on a purposive reading of those rules, that biological paternity, while important to Islamic Law’s juridical conception of paternity, was not always the most important legal value at stake. Rather, preserving a child’s presumptive affiliation to the mother’s legitimate sexual partner was also a crucial legal value that could carry greater weight than biological paternity when the two conflicted. The tendency to entrench the biological mother’s legitimate sexual partner as the child’s Lawful father in all but the most obvious cases of adulterous conception suggests that for pre-modern Islamic Law, the best interests of the child weighed heavily in the Law of paternity. In modern circumstances, therefore, DNA evidence of biological paternity, while it should be admissible to establish paternity of illegitimate children born to unmarried women, should not be admissible in cases involving children born to married women. Muslim states could also use DNA evidence of paternity to establish the monetary responsibility of adulterous fathers for their illegitimate children while denying them the benefits of legal paternity. Muslim states, in recognition of the importance of the well-being of the child, might also reconsider their Laws on adoption, by introducing distinctions between adoptive parents and children, and parents and children related by nasab.
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fiduciary principles in classical Islamic Law systems
2017Co-Authors: Mohammad FadelAbstract:This is a draft of my contribution to the forthcoming Oxford Handbook of Fiduciary Law, edited by Robert Sitkoff et. al. (forthcoming). My chapter provides an overview of Islamic fiduciary Law, from its origins in Quranic legislation regulating the paradigmatic case of the orphan, to its expansion in the foundational period of Islamic Law at the hands of the earliest Muslim jurists to contractual relationships of agency and partnerships, the creation of trust property, and the actions of public officials. It concludes with a description of how fiduciary duties came to be understood as a more formal relationship that exists whenever one person exercises effective control over another and therefore is bound to use that power for the benefit of the person or persons under his authority across a wide variety of domains. The chapter provides a survey of both the duties of fiduciaries in Islamic Law, and the remedies available to beneficiaries when fiduciaries violated breached those duties.
Mariam Omotosho - One of the best experts on this subject based on the ideXlab platform.
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a comparative analysis of the principle of arbitration under the english common Law and Islamic Law
Social Science Research Network, 2016Co-Authors: Mariam OmotoshoAbstract:An alternative to incurring the expense of court or tribunal proceedings is for the parties to a dispute to take their case to arbitration. Arbitration involves referring a dispute to a third party for settlement. The decision reached by the settlement of this dispute is binding on the parties. Arbitration is the resolution of dispute outside the courts wherein the parties to a dispute refer it to one or more persons by whose decision they agree to be bound. In modern history, arbitration is considered one of the most important means for the settlement of commercial disputes, particularly the dispute of international trade and investment. Arbitration which is known as “Takhim” under Islamic Law is recognized under the Islamic Law as a method for the settlement of disputes.
