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Outputs (315)

Muslim Personal Law Reform in the Arab Region: 25 years into the 21st Century (2025)
Journal Article
Welchman, L., & Sharafeldin, M. (n.d.). Muslim Personal Law Reform in the Arab Region: 25 years into the 21st Century [Manuscript submitted for publication]. Arab Law Quarterly.

This article reviews and analyses the fast-moving developments in Muslim Personal Status Law reform in the Arab region since the beginning of the 21st Century in light of extreme political contingencies occasioned inter alia by wars (often directly i... Read More about Muslim Personal Law Reform in the Arab Region: 25 years into the 21st Century.

The new legalities of Islamic contractual interpretation: Institutional Frameworks and the Displacement of Intention (2024)
Journal Article
Ercanbrack, J., & Ali, A. (2024). The new legalities of Islamic contractual interpretation: Institutional Frameworks and the Displacement of Intention [The New Legalities]. International Journal of Islamic and Middle Eastern Finance and Management, 17(6), 1196-1212. https://doi.org/10.1108/IMEFM-03-2024-0156

Purpose: This study aims to examine the extent to which traditional juristic approaches to determining intention in Islamic law are altered in the institutional framework and standard-setting project of the Malaysian state. Design/methodology/approac... Read More about The new legalities of Islamic contractual interpretation: Institutional Frameworks and the Displacement of Intention.

Environmental Ethics in Islam and Greener Shifts Away from Fossil Fuel Dependence in the Middle East (2022)
Book Chapter
Lokhandwala, Z. (2022). Environmental Ethics in Islam and Greener Shifts Away from Fossil Fuel Dependence in the Middle East. In D. Amirante, & S. Bagni (Eds.), Environmental Constitutionalism in the Anthropocene : Values, Principles and Actions. Routledge. https://doi.org/10.4324/9781003175308-7

The Islamic legal tradition contains a wealth of environmental principles that spell out an ideal relationship between humans and nature, which are considered sacrosanct by thousands of Muslims across the world. Muslim countries are well equipped to... Read More about Environmental Ethics in Islam and Greener Shifts Away from Fossil Fuel Dependence in the Middle East.

Islamic Trade Law and the Smart Contract Revolution (2021)
Book Chapter
Ercanbrack, J. (2021). Islamic Trade Law and the Smart Contract Revolution. In D. Neo, & C. Hare (Eds.), Trade Finance: Technology, Innovation and Documentary Credits (pp. 308-334). Oxford University Press. https://olrl.ouplaw.com/view/10.1093/law/9780198854470.001.0001/law-9780198854470-chapter-15

The history of Islam is inextricably connected to a celebrated history of trade and commerce which distinguishes it amongst monotheistic faiths. The modern incarnation of Islamic trade finance, however, bears only rudimentary similarity to the trade... Read More about Islamic Trade Law and the Smart Contract Revolution.

Muslim Marxism (2020)
Book
V. Hamzić, & B. Bargu. (Eds.). (n.d.). Muslim Marxism. [Forthcoming].

The Fallout of Covid-19 on Environmental Law in the Middle East and North Africa (2020)
Journal Article
Lokhandwala, Z. (2020). The Fallout of Covid-19 on Environmental Law in the Middle East and North Africa. Opinio juris in comparatione (2012). https://www.opiniojurisincomparatione.org/articles/environmental-law-in-the-middle-east-and-north-africa-zainab-lokhandwala/

This paper analyses the impact of the Covid-19 pandemic on the Middle Eastern and North African (MENA) region against the backdrop of two themes: climate action and human rights. In the climate context, the renewable energy sector will certainly suff... Read More about The Fallout of Covid-19 on Environmental Law in the Middle East and North Africa.

Pakistan's Cold War(s) and International Law (2019)
Book Chapter
Hamzić, V. (2019). Pakistan's Cold War(s) and International Law. In M. Craven, S. Pahuja, & S. Gerry (Eds.), International Law and the Cold War (pp. 447-466). Cambridge University Press. https://doi.org/10.1017/9781108615525.020

Against a great deal of contemporary Cold War scholarship, this chapter argues that Pakistan’s complex relations with the United States—as well as with the Soviet Union, China, India and Afghanistan—place it firmly at the centre of global Cold War po... Read More about Pakistan's Cold War(s) and International Law.

The Standardization of Islamic Financial Law: Lawmaking in Modern Financial Markets (2019)
Journal Article
Ercanbrack, J. (2019). The Standardization of Islamic Financial Law: Lawmaking in Modern Financial Markets. The American Journal of Comparative Law, 67(4), 825-860. https://doi.org/10.1093/ajcl/avz010

The project to standardize the commercial elements of the sharia as undertaken by standard-setting bodies, such as the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), is a lawmaking effort that is incentivized by mar... Read More about The Standardization of Islamic Financial Law: Lawmaking in Modern Financial Markets.

A Cry for Madness: Governance Feminism and Neoliberal Consonance in Pakistan (2019)
Book Chapter
Hamzić, V. (2019). A Cry for Madness: Governance Feminism and Neoliberal Consonance in Pakistan. In J. Halley, P. Kotiswaran, R. Rebouché, & H. Shamir (Eds.), Governance Feminism: Notes from the Field (pp. 407-433). University of Minnesota Press. https://doi.org/10.5749/j.ctvdjrpfs.19

There has been for a while a steady flow of critical studies of the women’s movement in Pakistan—that discursive and social formation of and about women that has been memorably described by Farida Shaheed, one of its foremost representatives, as a “m... Read More about A Cry for Madness: Governance Feminism and Neoliberal Consonance in Pakistan.

A Renaissance Interrupted? Personhood, ‘Sodomy’ and the Public in Twelfth-Century Christian and Islamic Proto-Civil Legality (2019)
Book Chapter
Hamzić, V. (2019). A Renaissance Interrupted? Personhood, ‘Sodomy’ and the Public in Twelfth-Century Christian and Islamic Proto-Civil Legality. In Y. Emerich (Ed.), Le public en droit privé (pp. 221-243). McGill University Press.

The eventful twelfth century was, in many ways, a veritable paradox. On the one hand, it saw a sudden surge in academic works and universities in Western and Southern Europe that sought to bridge the worlds previously thought entirely incommensurable... Read More about A Renaissance Interrupted? Personhood, ‘Sodomy’ and the Public in Twelfth-Century Christian and Islamic Proto-Civil Legality.

Islamic Financial Law and the Law of the United Arab Emirates: Disjuncture and the Necessity for Reform (2019)
Journal Article
Ercanbrack, J. (2019). Islamic Financial Law and the Law of the United Arab Emirates: Disjuncture and the Necessity for Reform. Arab Law Quarterly, 33(2), 152-178. https://doi.org/10.1163/15730255-12332011

Islamic financial law (IFL), an emerging global legal order, is a highly fragmented law comprised of both state and non-state generated laws, standards, commercial practices, institutions, fatwās and legal ideas. A recent event involving ṣukūk issuan... Read More about Islamic Financial Law and the Law of the United Arab Emirates: Disjuncture and the Necessity for Reform.