hisba is a regulatory regime in islamic law which could be a base for islamic economic regulation but has been neglected for centuries. the protection of integrity of the market and competition is a prominent economic and legal objective in modern economies. however, the focus in the islamic law has been on the bipolar relations among the individuals in the form of law of contract or law of tor...

Under this title I organized, on March 26 and 29, 2010, a workshop that discussed the place of Islamic law in the national codes of states with predominantly Muslim populations in the Middle East and Southeast Asia. What place do their codes assign to Islamic law? As none of the states concerned—with the exception of Turkey—declares itself to be a secular state, they can all claim that the law ...

A large literature contends that legal systems that adapt efficiently to meet the contracting needs of the economy foster financial sector development. The paper discusses the adaptability features of Islamic law related to commercial transactions (Islamic commercial law) in light of contemporary financial system. After discussing the nature and way the common and civil law traditions can evolv...

the character of cosmopolitanism in e-commerce disputes is much more complicated than in normal international transactions. internet environment has created challenges and changes about the governing law of contracts in this space. this cyber space has technical and legal differences in compared with physical environment. in this paper, we intend to answer this question that in dispute arising ...

“obligation”, “dette” and “droit personnel” are three important and correlative legal terms in civil law that have been introduce into persian legal literature with improper translation. the failure to distinguish them from common terms in islamic jurisprudence like “dein” and “eltezam” have caused conceptual confusion between special terms of two great legal systems: civil law and islamic law....