Oxford Student Legal Studies Research Paper Series最新文献

筛选
英文 中文
Adoption of Change Under Islamic Law: Case Study of the Waqf of Shares and Securities 伊斯兰教法下的变革:股票和证券Waqf的案例研究
Oxford Student Legal Studies Research Paper Series Pub Date : 2012-05-11 DOI: 10.2139/SSRN.2056422
Z. Abbasi
{"title":"Adoption of Change Under Islamic Law: Case Study of the Waqf of Shares and Securities","authors":"Z. Abbasi","doi":"10.2139/SSRN.2056422","DOIUrl":"https://doi.org/10.2139/SSRN.2056422","url":null,"abstract":"The British Indian Courts are criticised for stultifying Islamic law by relying only on the translations of selected classical legal texts and operating under the doctrine of precedent. This paper challenges this view by arguing that the Anglo-Muhammadan law responded to social change by providing a venue for discourse to various strata of society. The judges, lawyers, legal commentators, ‘ulamā’ and politicians played an active role in the making and functioning of law despite holding divergent views. This paper focuses on the historical legal process by which shares and securities along with similar type of incorporeal/intangible property were adopted as the valid subject matter of waqf. Shares and securities were a new type of property under Islamic law. Therefore, the judges initially refused to accept them as the valid subject matter of waqf by relying upon the classical legal texts. However, Muslim legal commentators supported such waqf by arguing that Islamic law accomodates social change. This view prevailed in the end but the legal controvesy stretched over three quarters of a century. This study provides insights into the making of Anglo-Muhammadan law by identifying the role of various actors who played an active role in its formation and development.","PeriodicalId":414763,"journal":{"name":"Oxford Student Legal Studies Research Paper Series","volume":"111 37","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120827494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信