12 Ancillary Finance Documentation

2015 ◽  
Author(s):  
Benger Philip ◽  
Holmes Patrick
Keyword(s):  
Shareholder Loans ◽  
Legal Opinions

This chapter begins with a discussion of various financial and other varieties of sponsor support which may be provided to a project, including, among other things, shareholder loans, contractual undertakings intended to mitigate completion risk, and ongoing sponsor commitments, post-completion. It provides an overview of security arrangements, considering particular issues that may arise in foreign jurisdictions or in light of the types of asset being secured, and examines how lenders are afforded ‘step-in’ rights in relation to key project contracts through direct agreements. Finally, the chapter discusses legal opinions and their purpose, with particular focus on issues in relation to those where a project is one of the first of its kind in a particular country.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Islamic Law and the Environment in Indonesia

2015 ◽  
Vol 19 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Anna M. Gade
Keyword(s):  
Islamic Law ◽  
Local Level ◽  
Environmental Crisis ◽  
Environmental Harm ◽  
Nation State ◽  
Critical Gap ◽  
Legal Opinions ◽  
Environmental Messages

Based on research in Indonesia in 2010–2013, this essay explains how Muslims expect norms of Islamic law to mobilize religious response to environmental crisis. It surveys attempts since the 1990s to develop “environmental fiqh (Muslim jurisprudence)” in Indonesia, justified in theory by rationales such as that actions causing environmental harm stem ultimately from human moral failing, and also that human aims and activities, including those protected by Islamic law, require a healthy biosphere. Many Indonesians expect Islamic ecological rulings to fill a critical gap in global persuasion, and to be successful when other (non-religious) environmental messages fail. Considering several key fatwas (non-binding legal opinions given in answer to a question) from the local level to the national in Indonesia, this paper explains how law and “outreach” (Ind. dakwah) come together to cast Islamic law of the environment in terms of foundational causes and ultimate effects. These religious norms coexist with and complement other globalized constructions (such as those of the nation-state and NGOs) that they increasingly incorporate.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Age and recovery from brain injury: legal opinions, clinical beliefs and experimental evidence

2003 ◽  
Vol 6 (2) ◽  
pp. 103-109 ◽  
Author(s):  
David A. Johnson ◽  
F. D. Rose ◽  
B. M. Brooks ◽  
S. Eyers
Keyword(s):  
Brain Injury ◽  
Experimental Evidence ◽  
Legal Opinions

Translator’s Introduction

2017 ◽  
Author(s):  
Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki
Keyword(s):  
English Translation ◽  
Islamic Law ◽  
Present Volume ◽  
Legal Opinions ◽  
Substantive Law

This chapter provides an overview of the present volume, which is the first English translation of the Al-I ṭk ām fī Tamyīz al-Fatāwa ʿan al-Aṭkām wa Taṣarrufāt al-Qāḍīwa'l-Imām (The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and the Ruler [hereafter, “the Criterion”]) by Shihāb al-Dīn Ahmad b. Idrīs al-Qarāfā. This work is neither of theoretical jurisprudence nor of substantive law, but exists at the intersection of both. The Criterion aims to reconcile the idea of divinely revealed law with the fact that the practical norms of Islamic law can be applied only through the actions of particular human institutions.

Kontribusi Pemikiran Hasbi Ash-Shiddieqy dalam Bidang Fikih

2012 ◽  
Vol 14 (2) ◽  
pp. 185
Author(s):  
Aan Sufian
Keyword(s):  
Islamic Law ◽  
Comparative Method ◽  
Islamic Schools ◽  
The People ◽  
Religious Law ◽  
Legal Opinions ◽  
Current Context

Hasbi Ash-Shiddieqy (1904-1975) argued, Muslims should be able to distinguish between the Shari’ah which directly from Allah SWT, and fiqh, which is the interpretation of the Shari’a by the mujtahid scholars. So far, there is an impression that Muslims in Indonesia tend to regard fiqh as a Shari’a jurisprudence that should be applied absolutely. As a result, the books of fiqh regarded as a source of religious law, although the Islamic legal opinions of the school sometimes are—to some how—incompatible with the current context. Hasbi saw the need to do ijtihad (Islamic exertion) in favoring the benefit for the people in response to the flow of modernization because Islamic law can basically meet public needs and the needs of mankind. Hasbi offered muqaranah (comparative) method which applied not among the Islamic schools, but also between schools and modern legislation. Hasbi offered idea ijtihad jama’i (ijtihad collectively) by engaging and involving various Muslim scientists so that decisions made are closer to the truth and a much more in line with the demands of the situation and welfare of the community. Since 1940, Hasbi offered the need for having Indonesian fiqh to be a pillar for the development of the Indonesian law. Through ijtihad collectively, according to Hasbi, Indonesian Muslims could formulate and have fiqh according to the personality of the Indonesian nation

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