scholarly journals Implementing Islamic law to protect the environment: insights from Singapore, Malaysia, and Indonesia

2020 ◽  
Vol 23 (2) ◽  
pp. 202-230
Author(s):  
Shazny Ramlan
Keyword(s):  
Social Control ◽  
Islamic Law ◽  
Environmental Law ◽  
Southeast Asian ◽  
Actual Practice ◽  
Key Factors ◽  
Legal Literature ◽  
Muslim Majority ◽  
State Relations

Religious codes possess social control effects that can potentially change the behaviour of their adherents towards becoming pro-environment. In the case of Islam, Muslim-majority states since the time of the Prophet Muhammad have implemented Islamic environmental law to this effect. Unfortunately, accounts of its implementation today in the legal literature are scant, thereby requiring fresh insights that consider changes in the application of Islamic law in modern states. Generally, this article observes that the implementation of Islamic environmental law today takes two forms: first, implementation through constitutions; and, second, implementation through non-binding religio-legal instruments. Focusing on the second form, application in Singapore, Malaysia, and Indonesia is analysed and evaluated. In these three Southeast Asian states non-binding religious rulings (fatwa) and mosque sermons (khutbah) have been used to implement Islamic environmental law. There are two key factors which contribute to ensuring that these non-binding instruments achieve their social control objectives: first, local legal and political contexts shaped by religion-state relations that help their implementation and legitimation; and, second, the pursuit of post-fatwa/khutbah follow-up action by religious authorities to put Islamic environmental law into actual practice.

Malaysia: Religious Pluralism and the Constitution in a Contested Polity

2012 ◽  
Vol 4 (2-3) ◽  
pp. 356-385 ◽  
Author(s):  
Andrew Harding
Keyword(s):  
Islamic Law ◽  
Religious Conversion ◽  
Common Law ◽  
Islamic State ◽  
Colonial Era ◽  
Federal Constitution ◽  
Highly Sensitive ◽  
Plural Society ◽  
Muslim Majority ◽  
Historical Developments

Malaysia has a classically plural society with a Malay/ Muslim majority and a legal system which, for historical reasons, is bifurcated between the common law and Islamic law. It also has a colonial-era federal constitution under which Islam is a state issue. Disputes concerning religion are both many and divisive. They are dealt with mainly in constitutional terms, especially in debates about the notion of an Islamic state, in light of Article 3 and the enshrinement of an official religion and in litigation. The latter is rendered complex by the separation of Islamic from common law jurisdiction in 1988, a fact that has given rise to highly sensitive and troubling litigation involving, especially, religious conversion in Lina Joy (2007). This article traces historical developments relating to religion and the law, and finds cause for some optimism that religious divides can be bridged by constitutional means, in light of recent judicial responses and evolving debates about the constitutional position of Islam.

The Other Muslim Bans

2020 ◽  
Vol 1 (1) ◽  
pp. 2-38
Author(s):  
Will Smiley
Keyword(s):  
Security Policy ◽  
Islamic Law ◽  
State Level ◽  
The State ◽  
The Other ◽  
State Court ◽  
Court Cases ◽  
State Laws ◽  
Foreign Law ◽  
Muslim Majority

This Article addresses and critiques the case for state-level legislative bans on courts citing “Islamic law” or the law of Muslim-majority countries. In particular, the Article reviews the most substantive evidence adduced by the bans’ supporters, in the form of a set of state court cases published by the Center for Security Policy (CSP). Very few of these cases, in fact, show courts actually applying Islamic or foreign law, and in none of these cases would the various forms of proposed legislation have been likely to alter the result. Thus even this report does not suggest a need for the state laws purporting to ban sharīʿa. The Article thus argues that even if these bans are not unconstitutionally discriminatory in their effect, they are ineffective at achieving their claimed purpose. This Article was originally published as an Occasional Paper in the Harvard Papers in Islamic Law series in 2018.

Islamic Constitutions and Democracy

2021 ◽  
pp. 106591292199124
Author(s):  
Moamen Gouda ◽  
Shimaa Hanafy
Keyword(s):  
Islamic Law ◽  
Muslim Population ◽  
Informal Institution ◽  
Additional Control ◽  
Negative Effect ◽  
Alternative Measures ◽  
Resource Wealth ◽  
Muslim Majority ◽  
Natural Resource Wealth ◽  
The Relationship

There is an ongoing debate on the relationship between Islam and (lack of) democracy. Considerable literature shows that Islam, represented as an informal institution by Muslim population share, has a negative effect on democracy. This study examines the effects of formal institutions, specifically constitutions that prescribe Islamic law ( Shari’a) as a source of legislation, on democracy. We use a newly developed coding of the degree to which Islam is incorporated in constitutions. Our empirical results show that the constitutional entrenchment of Islamic law has a negative and significant effect on democracy. Our findings are robust to using different estimators and instrumental variable regressions, employing alternative measures of democracy and controlling for Muslim population, natural resource wealth, and additional control variables. While we show that Islamic constitutionalism is a reason for a democracy deficit in Muslim-majority countries, we find no evidence that Islam is inimical to democracy when not entrenched in the constitution.

scholarly journals A Novelty of Perspective of Fikih and PP No. 17 1965 for Status of Ownership of Life Insurance in Claims Fund

2017 ◽  
Vol 4 (2) ◽  
pp. 193
Author(s):  
Fuji Rahmadi ◽  
Amiur Nuruddin ◽  
Nawir Yuslem
Keyword(s):  
Life Insurance ◽  
Constitutional Law ◽  
Islamic Law ◽  
Social Phenomenon ◽  
Normative Approach ◽  
Muslim Majority

Islam considers insurance or “insured” as a social phenomenon that was ormed by helping each other and humanity. Treasure gained after the death of a person as a result of a cause that by its nature will bring profit, which is done in the period he was still alive then the property as it was by Ibn Hajar al-Haytami, an expert from the Shafi'ites fiqh, in his book Tuhfatul-Muhtaj Syarah Kitab al-Minhaj (by Imam al-Nawawi), fall into the category tirkah treasure. Although the normative existence of insurance is a necessity in the communities in Indonesia but considering Indonesia as a Muslim majority country, then its existence cannot be released by the paradigm of the dynamics of the system of Islamic law. Therefore in this paper describes some of the approaches used in assessing the existence of insurance in Indonesia, it is not enough just to use the normative approach to Islam, but must be coupled with a conventional legal approach that is shaded by the science of law, especially constitutional law.

scholarly journals CHOICE OF ISLAMIC LAW AS THE GOVERNING LAW IN ISLAMIC FINANCE CONTRACTS: THE UNITED KINGDOM AND NIGERIAN PERSPECTIVES

2017 ◽  
Vol 25 (1) ◽  
Author(s):  
Kareem Adebayo Olatoye ◽  
Abubakri Yekini
Keyword(s):  
United Kingdom ◽  
Islamic Law ◽  
Islamic Finance ◽  
Unique Problem ◽  
Party Autonomy ◽  
The United Kingdom ◽  
Muslim Majority ◽  
The Law ◽  
Governing Law

The globalisation of Islamic finance has brought the adjudication of Islamic finance disputes before non-Muslim courts and arbitral tribunals in Europe, America and elsewhere. Expectedly, the issue of the validity of the selecting Islamic law as the governing law of an Islamic finance contract often arises before these courts and tribunals. The article seeks to address the attitude of the United Kingdom and Nigerian courts to this unique problem. The thesis of the paper is that while the parties’ reasonable expectations in having their Islamic finance contracts governed by the Shari’ah may be met in Nigeria and by extension in other Muslim-majority countries, the contrary is the case in the United Kingdom and Europe where the courts do not generally favour the application of Islamic law. The paper advocates that the doctrine of the proper law of contract should be extended to Islamic finance by upholding Islamic law as the law selected by the parties (on the basis of party autonomy) or alternatively, as the system of law with which an Islamic finance transaction is most closely connected.

7. Penal law

2021 ◽  
pp. 102-114
Author(s):  
Mashood A. Baderin
Keyword(s):  
Islamic Law ◽  
Penal Law ◽  
Heated Debate ◽  
Penal Codes ◽  
Muslim Majority ◽  
Controversial Aspect

‘Penal law’ reviews Islamic penal law, the most controversial aspect of Islamic law that often prompts heated debate about its applicability in contemporary times. Classical Islamic law classifies crimes and their punishments into three main categories: hudūd, qisās, and ta’zīr. Substantively, the hudūd and qisās offences are specifically prescribed in the Qur’an and/or the Sunnah, while the ta’zīr offences are left to the discretion of the ruling authority or judges. There are a number of evidential requirements and standard of proving criminal offences under Islamic law. The classical Islamic penal rules are now codified into the current penal codes of a few Muslim-majority states, with necessary modifications.

Randomized controlled trials

2020 ◽  
pp. 187-218
Author(s):  
Sube Banerjee ◽  
Rod S. Taylor ◽  
Jennifer Hellier
Keyword(s):  
Clinical Trial ◽  
Randomized Controlled Trials ◽  
Complex Interventions ◽  
Controlled Trials ◽  
Key Factors ◽  
Randomized Controlled ◽  
Study Population ◽  
Primary Hypothesis ◽  
Definition Of

This chapter on randomized controlled trials (RCTs) considers some of the key factors in the design, conduct, analysis, and interpretation of RCTs. The chapter provides an overview of what constitutes an RCT and why they are needed. The chapter also provides an overview of the major practical elements of the design and conduct of RCTs, including undertaking a background review of literature, the need for formulation of a clear primary hypothesis and objective, selection and definition of the study population, collecting outcomes at baseline and follow-up, and appropriate methods of statistical analysis and inference. The chapter concludes with a consideration of the need for clinical trial units, complex interventions, and alternative RCT designs.

scholarly journals Marketing Islamic services: tackling misconceptualisation of commercial insurance

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Djavlonbek Kadirov
Keyword(s):  
Islamic Law ◽  
Insurance Premium ◽  
Unique Type ◽  
Content Type ◽  
Commercial Insurance ◽  
Muslim Majority ◽  
Policy Failures ◽  
Monetary Gain ◽  
Practical Implications

Purpose The purpose of this paper is to offer an alternative conceptualisation of commercial insurance that is based on service thinking and compares it to the ideas flowing from goods thinking that currently appears to be a dominant mindset. Design/methodology/approach When deliberating on commercial insurance, Muslim jurists and scholars followed a misleading route of logical reasoning that is based on comparing insurance to other approved commercial contracts within Islamic Law. In this paper, the author questions such reasoning by contrasting the framework of service thinking to that of goods thinking. Findings The alternative framework proposed in this paper repositions commercial insurance as a unique type of service (rather than a good). It shows that commercial insurance can be seen as a bundle of benefits, which unfold in a gradual, intermittent, sporadic manner depending on the circumstances. This mode of a servicing relationship focuses on harm removal rather than the opportunistic actualisation of unfair monetary gain. Insurance premium is conceptualised as an availability fee, while compensation payout is recast as the restoration of value. Practical implications Muslim jurists and marketing practitioners can use this framework to further scrutinise the permissibility of different varieties of commercial insurance in the contexts of both Muslim and non-Muslim majority countries. As service thinking radically repositions the essence and structure of commercial insurance, the views on the relevance of “gharar” and “riba” may undergo significant re-conceptualisation. Moreover, the design of takaful options can be improved on this basis. Social implications Service thinking can better elucidate a positive societal role of commercial insurance that is in accord with the societal and Islamic maxim of harm removal. Some objections to commercial insurance relate to public policy failures. Well-regulated commercial insurance industries can substantially contribute to the economic development of impoverished societies. Originality/value This paper exemplifies compelling power as well as potential of the discipline of Islamic marketing in contributing to significant debates concerning the permissibility of modern commercial options.

scholarly journals Judicial Cooperation in Environmental Matters: Mapping National Courts’ Behaviour in Follow-up Cases

2018 ◽  
Vol 15 (2) ◽  
pp. 147-170
Author(s):  
Lorenzo Squintani ◽  
Dionne Annink
Keyword(s):  
Environmental Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
Almost All ◽  
Willingness To Cooperate ◽  
Large Corpus

The need to ensure a uniform interpretation and effective application of the large corpus of EU environmental regulation in the jurisdictions of the Member States remains a task of pivotal importance for the Court of Justice of the European Union (CJEU). A quick look at the CURIA database reveals that many judgments are handed down every year to clarify the meaning of EU environmental provisions. It is therefore important to study the proper functioning of the tandem composed of the CJEU and the national courts in this field of EU law. In that sense, this article responds to Bogojević’s call ‘to draw a grander map of judicial dialogues initiated across various Member States’. More specifically, the topic investigated by this article is how Dutch courts have followed up on responses received from the CJEU to their preliminary reference requests in the field of EU environmental law, until January 2017. Almost all the cases we have retrieved from the Netherlands show various degrees of willingness to cooperate with the CJEU. This article highlights the existence of three trends: full cooperation, gapped cooperation and withdrawn cooperation.

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