By Esther Agbaje Bankruptcy is a potential outcome most people do not like to discuss. This may be why Islamic finance regulators give limited attention to dissolving, discharging, or repaying … Continue reading Bankruptcy Laws in the UAE and Malaysia Lack Islamic Principles
Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws
By Gizem Orbey In an earlier series of posts, I argued that that a sharīʿa-compliant patent law regime is possible and can even provide valuable new ideas for solving issues … Continue reading Will-based Waivers of Necessary Joinder Can Bring a Sharīʿa-Derived Patent Regime into Harmony with U.S. Patent Laws
Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime
By Gizem Orbey In earlier posts, I argued that a sharīʿa-compliant Islamic patent regime is not only possible, but could supply fresh ideas for solving certain co-ownership problems extant in … Continue reading Strict Sharī’a Inheritance Laws Are Not a Major Roadblock to a Sharī’a-Compliant Islamic Patent Regime
Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems
By Gizem Orbey In another post, I argue that it is possible to derive a sharīʿa-compliant Islamic patent regime that is in harmony with U.S. and international patent law principles, … Continue reading Existing Sharī’a-Compliant Property Laws Can Suggest Broadly Applicable Solutions for Patent Co-Ownership Problems
Qatari Labor Practices and the Not-So-Beautiful Game
By Meagan Froemming “Up to 600 deaths per year in furtherance of Qatar’s World Cup 2022 dream,” says the International Trade Union Confederation in its recent damning report entitled, The … Continue reading Qatari Labor Practices and the Not-So-Beautiful Game
Islamic Finance in a New Key, or Is Regulation the Answer?
By Meagan Froemming Many identify the absence of clear regulatory standards as the most significant challenge to the Islamic finance industry’s continued growth.[1] Yet, is the development of a uniform … Continue reading Islamic Finance in a New Key, or Is Regulation the Answer?
Pakistan’s Anti-Rape Laws Bill: Panacea or Posturing?
By Nimra Azmi In March 2015, the Pakistani Senate unanimously passed the Anti-Rape Laws Bill of 2014. (While the Anti-Rape Laws Bill has passed in the upper house, it is … Continue reading Pakistan’s Anti-Rape Laws Bill: Panacea or Posturing?
Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums
By Mohammad Sagha The issue this paper seeks to address is how Ayatollāh Sayyīd Rūhullāh Khumaynī (d. 1386 sh./1989) conceptualized the collection of khums under the theory of the “Guardianship … Continue reading Wilāyat al-Faqīh and Collecting the Fifth: A Theory of Khums
Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists
By Mohammad Sagha This post examines how two Ṣafavid-era jurists, Ḥussayn b. ʽAbd al-Ṣamad al-ʽĀmilī (d. 985/1577-8),[1] and Muḥammad Bāqir Majlisī (d. 1111/1698) conceptualized the authority to collect and spend … Continue reading Authority and Khums in the Absence of the Imām: Reflections of Two Safavid-era Jurists
Judicial Authority and Roots of Twelver Shīʽī Tax Theory
By Mohammad Sagha The main question this study addresses is: how can the delegation of authority within the Shīʽī* community after the Minor Occultation of the Twelfth Imām in 260/874 … Continue reading Judicial Authority and Roots of Twelver Shīʽī Tax Theory