18 research outputs found

    Islamic Perspectives on the Law of Business Organisations I: An Overview of the Classical Sharia and a Brief Comparison of the Sharia Regimes with Western-Style Law

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    Recent events and trends have led to an increased awareness of the importance of Islamic law and a more widespread interest in the subject. However, many areas remain relatively inaccessible, including the law of business associations. The aim of this and a subsequent article is to alleviate this situation somewhat by providing a general introduction to Islamic perspectives on this area. This article provides an overview of the classical sharia, looking at three Sunni schools by way of example, plus a brief comparison with Western-style law. The second article will consider the replacement of the sharia regimes in the Middle East and the interaction of the sharia with Western-style law in Muslim-majority jurisdictions and elsewhere

    Is the British weather anti-Islamic? Prayer times, the ulama and application of the shari’a

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    In the absence of clear-cut guidance from the primary sources of the shari‘a, how do Muslim scholars derive a workable religious praxis in changing circumstances and which authorities do they invoke in the process? This article explores possible answers to these questions by conducting a detailed analysis of a debate between two groups of Deobandi scholars in Britain over establishing the correct time for the commencement of morning (Fajr) and the onset of fasting for Ramadan. I argue that besides the primary sources, these Deobandi scholars invoke alternate forms of extra-scriptural authority such as the weight of precedence deriving from the akabir (elders) of the Deobandi tradition, as also their reliance on modern scientific knowledge. The article highlights the complex interplay of factors which determines the way that Muslims in Britain negotiate the practice of their religion in new socio-cultural milieu and the way they attempt to incorporate these changes within the parameters of an established religious discourse
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