Compromises

2020 ◽  
pp. 141-162
Author(s):  
Nurfadzilah Yahaya
Keyword(s):  
Southeast Asia ◽  
Fourteenth Century ◽  
Islamic Law ◽  
Common Law ◽  
Islamic World ◽  
Legal Definition ◽  
Definition Of

This chapter examines the institution of the religious endowment known as waqf. In the eyes of colonial authorities, the waqf was essentially a trust, a form of preemptive asset-shielding. The waqf was simultaneously an apotheosis of Arab diaspora's efforts to settle in Southeast Asia and their eventual compromise with colonial authorities. The chapter examines the waqf's complex history in the Islamic world during the fourteenth century and how its revenues are disbursed for a pious purpose. It investigates the Muslim legal practitioners' accusation to the colonial judges of deliberately misinterpreting Islamic law when presiding over cases involving waqfs. The chapter also presents the English legal definition of “charity,” the meaning of charity in colonial courts, and the legal definition of charity in England in cases involving waqfs. Ultimately, the chapter explains the putative opposition of “colonialism” to “Islamic law.” It argues that restrictions imposed by English common law concerning trusts on religious waqfs were exploited by both colonial officials and Arab Muslims who wanted to reap the profits from the sale of failed waqfs.

Part II Islamic Law and Contracts in Practice, 12 Shari’a-Compliant Funds: Principles and Practical Considerations

2020 ◽  
Author(s):  
Ahmedani Zeeshan ◽  
Alam Safdar
Keyword(s):  
Middle East ◽  
Southeast Asia ◽  
Broad Spectrum ◽  
Islamic Law ◽  
Islamic Finance ◽  
Investment Management ◽  
Islamic World ◽  
East And Southeast Asia ◽  
Asset Classes

This concluding chapter explores Shari’a-compliant funds. The Shari’a-compliant funds sector is concentrated in three distinct ways, each of which exemplifies constraints on its ability to grow. First, the sector is still largely concentrated in two regions of the Islamic world: the Middle East and Southeast Asia. Second, the sector is also concentrated in a small number of asset classes. Thus, it does not as yet provide its investor base with the broad spectrum of exposure to geographies, asset classes, strategies, and return profiles that are the hallmark of a mature investment management industry. Third, the Shari’a-compliant funds sector lacks significant diversification across managers, with a handful of large managers still dominating the market. The chapter then looks at the basic tenets of Islamic finance and their application to Shari’a-compliant funds. It also considers the various types of Shari’a-compliant funds, as well as the process of establishing and operating a Shari’a-compliant fund.

1. An introduction to equity

2018 ◽  
Author(s):  
Graham Virgo
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Common Law ◽  
Independent System ◽  
Fundamental Feature ◽  
Legal Definition ◽  
Personal Rights ◽  
The Common ◽  
Definition Of ◽  
And Function

This chapter introduces the nature of Equity. It provides a legal definition of Equity and offers a background of its history from the Middle Ages. It discusses the contemporary contribution of Equity to English law in a variety of different contexts, particularly in the commercial sphere. The chapter also examines fundamental feature of Equity, which is the division between the recognition and protection of property rights and personal rights. This chapter explains that Equity is not an independent system of law, but it has a distinct identity and function to modify the rigours of the Common Law and to create rights.

scholarly journals Status of probiotic regulations in Southeast Asia countries

2021 ◽  
Vol 27 (3) ◽  
Author(s):  
E Siong Tee ◽  
◽  
Hardinsyah ◽  
Cyndy Sook Sum Au ◽  
◽  
...  
Keyword(s):  
Southeast Asia ◽  
Health Benefits ◽  
Scientific Data ◽  
Regulatory Control ◽  
Legal Definition ◽  
Definition Of ◽  
Further Development ◽  
Specific Labelling ◽  
Health Supplements

This review summarises the key components of the available probiotic regulations in six Southeast Asia countries (Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam). Diverse approaches have been undertaken by the countries in regulating the marketing and sale of probiotics in foods and health supplements. Only Indonesia, Malaysia, Philippines and Thailand have enacted specific regulations which include their respective legal definition of probiotics. Only Malaysia, Philippines and Thailand publish a list of microorganisms permitted to be used as probiotics in foods or health supplements; the approved microorganisms are not harmonised among these countries. All six countries allow the application for new microorganisms to be used, but have adopted differing requirements and approaches. A common requirement is that all applications must be accompanied by scientific data to demonstrate clinically that the microorganisms are safe and provide health benefits. All the countries, except Indonesia and Vietnam permit the use of a small number of pre-approved generic function claims. It is noted that the countries have different specific labelling requirement for products containing probiotics. The divergent probiotic regulations in the region, either for foods or health supplements, creates inconsistencies and difficulties for all stakeholders including regulators, academia, industries and consumers, as well as impacting trade among countries. This review highlights the importance of having regulatory control to ensure consumers have access to safe, genuine and efficacious probiotic products. We propose working towards a harmonised probiotics regulation in the region to enable further development and progress of probiotics in the region.

scholarly journals The Rule of Law and Legal Pluralism in Malaysia

ICR Journal ◽  
2010 ◽  
Vol 2 (1) ◽  
pp. 90-108
Author(s):  
Constance Chevallier-Govers
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Islamic Law ◽  
Common Law ◽  
Legal Pluralism ◽  
The Rule Of Law ◽  
Federal States ◽  
Definition Of ◽  
Historical Developments ◽  
Rights Issues

In Malaysia, Islam is the religion of the state, although other religions may be practised in peace and harmony. Having inherited the English common law tradition at its independence in 1957, Malaysia is neither a secular state nor an Islamic theocracy. As a matter of fact, the Malaysian Constitution has brought Islamic law under the legislative powers of the federal States. Historical developments have thus led to the existence of two sets of law: common law and shari'ah law. Legal pluralism in Malaysia applies foremost to personal status, but also to some aspects of criminal law. The shari'ah as well as legal pluralism seem to question the rule of law in Malaysia. This two-fold aspect of the rule of law will be analysed in this article. The formal definition of the ‘rule of law’ implies the respect for the hierarchical principle and the Constitution’s supremacy. It will be explained to what extent legal pluralism in Malaysia is challenging the supremacy of the Constitution. Nevertheless, the hierarchical principle is not a goal in itself, and the material definition of the ‘rule of law’ will also be discussed. The second part of this article will focus on potential human rights issues that are implied by the notion of legal pluralism and by shari'ah law in Malaysia.

1. An Introduction to Equity

2020 ◽  
pp. 3-23
Author(s):  
Graham Virgo
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Common Law ◽  
Independent System ◽  
Fundamental Feature ◽  
Legal Definition ◽  
Personal Rights ◽  
The Common ◽  
Definition Of ◽  
And Function

This chapter introduces the nature of Equity. It provides a legal definition of Equity and offers a background of its history from the Middle Ages. It discusses the contemporary contribution of Equity to English law in a variety of different contexts, particularly in the commercial sphere. The chapter also examines fundamental feature of Equity, which is the division between the recognition and protection of property rights and personal rights. This chapter explains that Equity is not an independent system of law, but it has a distinct identity and function to modify the rigours of the Common Law and to create rights.

scholarly journals ABDUL SAMAD AL-FALIMBANI'S ROLE AND CONTRIBUTION IN THE DISCOURSE OF ISLAMIC KNOWLEDGE IN MALAY WORLD

2018 ◽  
Vol 2 (1) ◽  
pp. 27-40
Author(s):  
Mohammed Hussain Ahmad
Keyword(s):  
Middle East ◽  
Southeast Asia ◽  
Islamic Law ◽  
18Th Century ◽  
Intellectual Tradition ◽  
Islamic World ◽  
Teachers And Students ◽  
Intellectual Networks ◽  
Modern Era

Shaykh Abdussamad al-Falimbani was an important figure in the intellectual tradition of Islam in the Malay world in the 18th century. This article shows that al-Falimbani played an important role in conveying and developing Islamic sciences, not only in the Malay World even in Arab lands, including in Makkah and in Zabid, Yemen. Al-Falimbani was also one of the superior scholars who not only received recognition from fellow scholars and students from among the Malays, even from his colleagues and students who were Arab. Al-Falimbani's important contribution to the intellectual tradition of Islam in Malay World was: the first, the spread of al-Falimbani's various religious works to various regions of the Islamic world, both in Southeast Asia and the Middle East. Second, the development of intellectual networks of teachers and students in the region of Malay and Middle East in the 18th century. Third, the maintenance of the continuity of Islamic scientific treasures from the classical Islamic scholars to the Muslims in the 18th century even to the modern era today. Fourth, harmonize tasawuf teachings with Islamic law, so that the traditions and rituals of Sufism remain practiced in the corridors of the valid Shari'a.  

CRIMINAL-LEGAL DEFINITION OF HOME VIOLENCE CONCEPT ACCORDING TO UKRAINIAN LEGISLATION

2019 ◽  
Vol 3 ◽  
pp. 192-195
Author(s):  
S.V. Yakymova ◽  
◽  
N.I. Lesiak ◽  
Keyword(s):  
Legal Definition ◽  
Definition Of

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

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