Researching Islamic Law: an Introduction

Introduction: Islamic Law in South-east Asia

There is a profound ignorance in Australia about Islamic law. One of the major aims of the Australian Journal of Asian Law is to inform and to encourage debate. At a time when the distance between Islamic and secular traditions seems wider than at anytime in living memory, this special issue is our attempt to open serious debate among legal scholars about syarî’ah. We believe the initiative is ...

An Introduction to Islamic Securities (Sukuk)

Islamic securities (Sukuk) are hybrid securities bearing features of stocks and bonds, altogether. Similar to stocks, they indicate a type of partnership and holders of Sukuk will be considered as the owners of underlying asset or project for finance of which, Sukuk have been issued. Theoretically, these holders share any loss and profit resulted from underlying asset. However, these securities...

Islamic Law , Customary Law , and Afghan Informal Justice

This report is part of the United States Institute of Peace’s (USIP) ongoing effort to understand the pluralist legal system of Afghanistan. It examines, compares, and contrasts Islamic law with traditional forms of justice in an attempt to elucidate how such rule of law approaches interact as well as provide a fuller understanding of each system to better guide rule of law practice, policy, an...

Islamic Law, Adaptability and Financial Development

A large literature contends that legal systems that adapt efficiently to meet the contracting needs of the economy foster financial sector development. The paper discusses the adaptability features of Islamic law related to commercial transactions (Islamic commercial law) in light of contemporary financial system. After discussing the nature and way the common and civil law traditions can evolv...

Islamic Law and the Crime of Theft