iqala (cancelling of the contract) is a legal act that is formed by sides' satisfactory contract and makes it breakup. imami, hanbali and shafei jurists revocate the iqala. hanafi jurists account iqala revocation into sides of contract, but a new transaction into outsiders. from the maleki jurists viewpoint, iqala is a new transaction, but civil code accounts the iqala tafasokh (breaking u...

Malaysian legal system is derived from the English Common Law tradition and characterised by substantial flexibility. Among the flexibilities is the existence of a special court for Muslims, administering family matters based on Islamic jurisprudence, the Shariah law. Both Civil and Shariah courts in Malaysia stand side by side for more than 50 years. Today, with the application of information ...

The precautionary principle in international law has attracted intense and sustained attention in the last ten to 15 years. It is thus becoming increasingly difficult for authors to make meaningful contributions in this area. Nevertheless, there remain a number of important research questions to be explored or further developed. In this review essay, the author considers four recent works on pr...

Abstract The late antique rabbis of Roman Palestine were seasoned jurists, experts on exegesis and legal interpretation. Yet rabbinic literature does not theorize. A positive account conceptions language therefore remains a desideratum. I choose an alternative approach. Legal reasoning relies to ground the determinacy law. Jurists must thus confront when it threatens undermine latter. Conversel...

Abstract Within the medieval Catholic Church, term ‘clandestine betrothal’ was associated with absence of witnesses, solemnities, and other formalities. Parental consent not a legal requirement for betrothal or marriage, which based on free decision spouses. However, Martin Luther held that will parties sufficient, because couple joined by God, God’s reflected in parental consent. intended pare...

Categorisation is fundamental to legal decision making. In constitutional law, jurists must regularly decide whether or not laws and facts fall within the categories defined by the Constitution: is this law a law ‘with respect to ... taxation’?1 Is that corporation a ‘trading corporation’?2 Is performance of this function an exercise of ‘judicial power’?3 Is that nation a ‘foreign power’?4 For ...

I was asked by ISNA to produce a short guide to Islamic Banking and Finance for the Muslims of North America. To keep this guide short, we had to define our target audience rather carefully. This introductory guide is meant to address the Muslim who is familiar with the fundamental tenets and sources of legislation in Islam. The reader is not assumed to have elaborate prior knowledge of Islamic...

This article is about the proof of Qazf in a comparative manner between Islamic Sharia and Afghan Penal Code, which can be summarized as follows: Proving consists special methods tools that distinguish this crime from other limits point view proof. Another way to prove judge person has accused another adultery. Therefore, according advanced Hanafi jurists, proved court by confession (accuser) o...