HashimKamali

Wednesday, 30 December 2009 12:32

Law, Commerce and Ethics: A Comparison Between Shariah and Common Law

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Introduction

This survey of themes of common interest to the shariah (Islamic law as expounded in the Qur'an and the Sunnah) and common law begins with a note on the relationship between law and ethics, then advances a brief comparison between the shariah and common law, followed by a review of the Qur'an and Sunnah on the ethical grounding of the shariah. After addressing the ethical purpose of Islamic financial institutions in recent decades, [the author] proceeds toward an exploration of corporate governance under common law and the shariah. This is followed by three specialised themes: discharge by fustration, the theory of options, and the application of equity and good faith to contracts in the two legal traditions.

 

A Comparison Between Shariʿah and Common Law,” in ed. C Marcinkowski Freiburg Studies in Social Anthropology, (2009), pp 243-262.

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