Description
| Product ID: | 9783110766684 |
| Product Form: | Paperback / softback |
| Country of Manufacture: | GB |
| Series: | De Gruyter Studies in Global Asia |
| Title: | Shari’ah and Common Law |
| Subtitle: | The Challenge of Harmonisation |
| Authors: | Author: Adnan Trakic |
| Page Count: | 288 |
| Subjects: | Islamic life and practice, Islamic life & practice, Systems of law: Islamic law, Islamic law |
| Description: | Select Guide Rating This book seeks to explore and discuss the basic legal concepts in Shari''ah and common law and identify their most prominent similarities and differences. The aim is to derive a harmonization of the law. Harmonisation of law, a term that refers to the bringing together of two different legal traditions, has developed a negative connotation when considered in the context of Shari''ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge. One of the principal findings of this book is that Shari''ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari''ah and common law, which undoubtedly exist as evidenced in this book, are viewed with an appreciation of the commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process. This book is intended to help readers better understand Shari''ah and common law and aid harmonisation efforts when the need arises. |
| Imprint Name: | De Gruyter |
| Publisher Name: | De Gruyter |
| Country of Publication: | GB |
| Publishing Date: | 2022-10-24 |
