Shari'ah and Common Law

The Challenge of Harmonisation

Adnan Trakic

• Publisher: De Gruyter
• Year: 2022
• Print ISBN: 9783110766684
• eBook ISBN: 9783110766714
• Edition: 1
• Topic: Business
• Subtopic: Comparative Law
• Index: Business

De Gruyter Studies in Global Asia
edited by Pervaiz K. Ahmed and Mahendhiran S. Nair, Monash University Malaysia

The De Gruyter Studies in Global Asia series shines a multidisciplinary lens to explore issues facing Asia as it emerges on the global scene. It locates Asia in the global while simultaneously locating the global in the local. The interdisciplinary nature of the series brings into focus new directions and approaches at the intersection of society, science & technology and economics.

Drawing on the social sciences, engineering, politics and economics and other disciplines, the series explores the complex dynamics taking places between and within regional blocks, nation states, industries, and individuals. The focus is to examine experiences at the macro - (e.g. economies, markets), meso - (e.g. industries, institutions, communities) and micro - (e.g. individuals, patterns and behaviour) levels.

The emphasis of the Series is on utilising inter-disciplinary, multi-cultural, multi-voice perspectives to develop originals insights and scholarship. The Global Asia Series' emphasis is on studying latest issues, trends and developments in three main areas:

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• Culture, Values and Civilization

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As a region Asia has a rich heritage constituted by a complex mosaic of religion, values and history that intermesh to define the kaleidoscope of current issues and challenges. These include among others, behaviour and evolution of Asia's people, politics and socio-cultural development.

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• Industry, Markets and Economics

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Featuring centrally in Asia's arrival on the global stage are the changes taking place in the development of its industries and markets. The patterns and economics underlying these shifts is starting to raise fundamental questions over conventional approaches ascribed and deployed by developed, especially Western, nations. This thematic explores how Asia's nations, industries and markets grapple with evolutionary dynamics in contextually unique ways to develop sustainable pathways to global competitiveness.

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• Science, Technology and Society

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Advancements in science and technology are having unique positive and negative impacts on Asian society. On the positive side, these forces of change are enablers of empowerment, improving the condition of people living in these societies. On the down side, the advances are encroaching on the traditional values and livelihoods of communities and people, as both global and local actors leverage technology and science to alter economics of production resulting in significant cultural, social and physical displacements. This thematic focuses on the nature and impact of science and technology on society and vice versa, and how these interactions shape future trajectories of development in each of the spheres.

We are looking for interesting and innovative proposals for projects; these might include:

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• Research Monographs that make substantial contributions to knowledge.

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• Handbooks that define the state of the art in particular areas.

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• Textbooks/Casebooks that extend and unify understanding of particular subjects.

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• Reports/Proceedings that provide perspectives on emergent themes of interest.

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• Focus Practice (In brief series focusing on practice). Concise, succinct works that focus on the pragmatics of practice, or highlight how to turn theory into practice. Each would be a compact volume of appropriately 50-100 pages.

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Series Editor:
If you are interested in submitting a proposal or have any questions, please contact the Series Editor: Professor Pervaiz K. Ahmed
Monash University Malaysia
email: [email protected]

Professor Mahendhiran S. Nair
Monash University Malaysia
email: [email protected]

Table of contents

• Title Page
• Copyright
• Contents
• 1 Harmonisation of Shari’ah and Common Law: An Overview
• 2 Harmonisation of Contract Law: How Far Have We Gone – and Where Are We Going?
• 3 Islamic Banking, Islamic Capital Market, and Takaful: The Shari’ah and Common Law Harmonisation Analysis
• 4 Shari’ah-Compliant Financing for Energy Projects: A Call for Standardisation of Islamic Finance Contracts
• 5 Insubordination in Employment Law: The Common Law and Shari’ah Perspective
• 6 Tabung Haji: A Missed Opportunity to Display Good Corporate Governance of an Islamic Institution?
• 7 Defamation from Common Law and Shari’ah Perspective: The Convergence and Divergence
• 8 “Trust” and “Self-Accountability” in the Protection of Privacy: Responding to the Rise of International Data Protection Standards in Muslim Countries
• 9 Enhancing Environmental Sustainability Through the Harmonisation of Common Law and Shari’ah
• 10 Selected Issues in Family Law: Towards the Harmonisation Between Shari’ah and Common Law
• 11 Harmonising Criminal Justice System
• 12 Human Rights and the Rule of Law: The Common Law and Shari’ah Perspective
• 13 Alternative Dispute Resolution: The Conventional and Shari’ah Perspective
• 14 Muslims in the US and State Involvement in Religion
• 15 Harmonisation of Shari’ah and Common Law: Findings and Recommendations