|
|
Sharia Law, particularly Islamic banking, in relations with international elements
Hrdličková, Ivana ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Charles University in Prague Faculty of Law Abstract of the dissertation The title of the dissertation: Sharia Law, particularly Islamic banking, in relations with international elements Author: JUDr. Ivana Hrdličková Supervisor: Prof. JUDr. Monika Pauknerová, CSc., DSc. Prague, February 2012 Key words: Islamic finance, sharia, mudaraba, musharaka, murabaha, ijara, sharia compliant, international law, choice of law, contract, riba, gharar, maisir. The dissertation, Sharia law, particularly Islamic Banking in the relations with international elements, considers an actual topic and branch of islamic law. Neither islam nor islamic law is a legal system applicable at any particular territory. However, legislation of the countries with majority of muslim population, is based, more or less, on islamic law. Whereas due to migration and globalization, islamic law unavoidably interferes in international law. The legal regulation of international private law under the terms stipulated by the law leads to the use of foreign law. One can thus meet the legislation based on islamic law, including in the field of contract law. In commercial contracts, where the one side is from countries where islamic law is a source of legislation, may be the choice of law (in accordance with article 3 of Rome I), which form's the basis...
|
|
|
Searching for legitimate ruler in sects of Shia Islam
Růžička, Jan ; Barša, Pavel (advisor) ; Slačálek, Ondřej (referee)
The aim of the thesis is to classify the form of political leadership and domination in Shia islam's political ideology, their development and ability to succeed in political reality. I especially focus on the Shia understanding of political power and its connection to infallible Imam as secular and religious leader of the Shia community. For analysis of the concepts I use the description of early Islam, including the Shia reasons for the dissolution of Muslim ummah, as well as the reasons that led to the multiple division of Shiism. I analyse specific examples of ideological break up of the Shia community (Ithnasharia, Isma'ila, Hashashins, Alawi, Duryz and modern Islamic Republic of Iran) and finally cardinal reformulation of understanding of political leadership and domination by Ayatollah Khomeini. His concept Wilājat al-faqīh (Guardianship of the jurist) started the era of radical transformation of the Shia political ideology, although he wanted only to modernize it and not to establish a brand new set up. My aspiration is therefore to analyze whether Wilājat al-faqīh can still be seen as the return to the roots of traditional Shiism or if it has a new quality without connection to previous Shia history.
|
guest ::
