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Islamic law sharia in modern world
Souces of islamic law
Discuss the possibility of application of Islamic law in the modern world
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Islamic Sharia Law in commercial transactions involves several prohibitions such as those of riba and gharar. Muslim scholars have agreed that the damages caused by dealing with usury and gharar outweigh their benefits; they are forbidden in the Quran and Sunna. However, this prohibition does not necessarily mean that all contracts which contain gharar are invalid; for example, sallam contracts contain gharar. The reason for this is that the benefits have overshadowed the harms. Therefore, the objective of this essay is to analyse Islamic rules in the prohibition of both usury and gharar in an attempt to demonstrate that, although they are prohibited because their harms outweigh their benefits, in some contracts gharar is allowed. Thus, this reflects the flexibility of Islamic law and how it is able to be modified to adapt to the rapid economic development. Riba It is unanimously agreed that riba means increase or growth (chapter 2). This kind of increase is divided into two types: the first is an increase in money from the money itself. This occurs when the owner of the money raises the rate of the debtor’s debt due to a delay in payment (REFRENC). This type is called riba al-naseia or riba alQuran. This type has many verses which confirm its prohibition, not only in Islam but also in Judaism (chapter 2, p. 36). ‘Because of the wrongdoings of the Jews we forbade them good things which were before made lawful unto them, and because of their much hindering from Allah’s way. And of their taking usury when they were forbidden it, and of their devouring people’s wealth by false pretences. We have prepared for those of them who disbelieve a painful doom’ (4:160-161) This verse is from the fourth chapter, al Nisa. The second type ... ... middle of paper ... ...efits, and in this case will not be forbidden (Al-Gamal, ????). To clarify this point a sallam contract may be a clear example of a contract which, although it contains gharar, it is permissible. In light of this situation it is clear that Islam has the flexibility in legislation and takes into account the needs of the individual as well as society. Conclusion Based on the concept of usury and gharar under the wisdom of the prohibition of usury and gharar can say that is forbidden in the Islamic concept requires that the damages should exceed the interest and usury, reflects this clearly. Gharar illustrates the flexibility of Islamic law in terms of it being permissible when its benefits outweigh the harms. Through these findings we see a question emerge that deserves to be the focus of a discussion: are all contracts in Islamic banks completely free of usury?
The special equity applicable to a case where a wife gives a guarantee of a debt for the benefit of her husband and where the wife's agreement to give the guarantee was obtained by undue influence, pressure or misrepresentation on the part of the husband or without an adequate understanding of the nature and effect of the transaction, she has failed to establish that she executed the relevant guarantee as a result of the exercise of actual undue influence on the part of the husband. In my opinion, in today’s society married women do not strive the need for the rule of special protection found in Yerkey. In addition banks have no obligation to take caution into transactions where a married women is to become a surety for her husband even though it may be a possible disadvantage to her.
He asserted that the present economic condition is not some sort of wrath of God. They need to help themselves and their ability to recover from this situation does not need an act of God, but this is their own act and determination that will get them out of this situation. He also pointed out that the money chargers are not kind and honest in their practices; the word money charger refers to those who take interest on the loans. He blames the bankers and the financial institutions for the economic problems of the nation.
...f the major Optimism of the Jews is that they could not comprehend the killing of all their people. They see it as a task that contains no possible way to be fulfilled. They justify it by saying “Was he going to wipe out a whole people? Could he exterminate a population scattered throughout so many countries? So many millions! What methods could he use?” (6). The answer to their question is yes but there is many chances to escape this fate, although the Jews of Sighet deny it.
Throughout history, Jews have been persecuted in just about every place they have settled. Here I have provided just a small ...
... of evil against you, for my sake. Rejoice and exult, because your reward is great in heaven; for so did they persecute the prophets who were before you" (Matthew 5:11-12).
The Jews have been the only people accused of deicide and this caused hatred from Christians. During the diaspora, the Jews settled in the Mediterranean countries, although they settled as far away as Europe. Constant uprooting prevented the Jews from becoming agriculturalists and pastoralists, therefore they worked at trades. During the middle ages, the Jews made ornamental glass objects and worked at money lending. They were seen as prosperous and resented by the people of the countries where they settled. Resentment built against the Jews by the less prosperous people of the settled countries. The attitude of the Christian church was summed up, from our lecture, by John Chrysostom who wrote: “The Jews are the odious assassins of Christ and for killing God there is no expiation possible, no indulgence or pardon.” The churches were reluctant to help the Jews during the holocaust because of the long-standing hatred. The Jews caught in German-occupied areas after World War I had little help except for few organizations and many countries did
It is mentioned that the bishops tell the common folk that “the Jews have stolen your religion and yet the Jews live with you in your own land.” As a result, these words create violence as the common folk “rush out together in search of Jews, and when they find one they kill him.” The killings and violence committed during this time was also predominately recognized as acts of vengeance for many bishops and other Christians deem “the Jews as Christ-killers.” Again, this idea supports the notion that Jews created mischief and thus, the cruelty directed to them is understandable and
The history of the Jewish people is one fraught with discrimination and persecution. No atrocity the Nazis did to the Jews in the Holocaust was original. In England in 1189, a bloody massacre of the Jews occurred for seemingly no reason. Later, the Fourth Lateran Council under Pope Innocent III required Jews to wear a badge so that all would know their race, and then had them put into walled, locked ghettos, where the Jewish community primarily remained until the middle of the eighteenth century. When the Black Death ravaged Europe in the medieval ages, many Europeans blamed the Jews (Taft 7). Yet, the one thing that could be more appalling than such brutal persecution could only be others’ failure and flat-out refusal to intervene. Such is the case with the non-Axis coutries of World War II; these nations failed miserably in their responsibility to grant basic human rights – even the right of life – to Jewish immigrants prior to World War II.
The Jews have deserved the catastrophe that has now overtaken them. Their destruction will go hand in hand with the destruction of our enemies. We must hasten this process with cold ruthlessness. We shall thereby render an inestimable service to a humanity tormented for thousands of years by the Jews. This uncompromising anti-Semitic attitude must prevail among our own people despite all objectors. (www.virtual.co.il,1)
First, the Muslim’s basis for anti-Judaism rests primarily on religious beliefs. Islam teaches that Allah, the Muslim god, requires that a good Muslim pray a ritual prayer five times per day, give a token of their income to charity, and if possible a pilgrimage to Mecca, their Holy City (“The Rise and Spread of Islam…”). “Muhammad himself was hostile to the Jews” (Rivkin 25) because he believed Allah to be the one true God and saw the Jewish Doctrine of the Trinity to be polytheistic. The Jews, however, rejected all divine worship except their own. Also, Jews had certain laws and customs concerning food and circumcision which further segregated them from the Muslims. All these differences gave rise to mutual rejection between these two groups. As part of his rejection of the Jews, Muhammad abandoned certain Jewish customs, for example, Saturday as the Muslim holy day and Jerusalem as the Muslim holy city (Davies 329). The conversion of a Muslim to any other religion was strictly forbidden and punishable by death. The Jews were given the dhimmi status “meaning that they were not deserving of slaughter and could retain their religious practices in a limited form” (“The Spread of Islam to India…”). Just as slaves, the Jews did not possess full legal rights (“The Rise and Spread of Islam…”). These dhimmis were merely tolerated and forced to pay special taxes and wear yellow badges as a means of public identification (Davies 329). Evidence presented by a Jew in court against a Muslim would not be accepted. Dhimmis had to obtain permission before building new places of worship or repairing old ones, and they could never construct worship cites that overshadowed Muslim places of worship. Jews were also prohibited from carrying arms, riding horses or camels, or inheriting from a Muslim (“The Rise and Spread of Islam…”). In addition, Jews killed animals only a...
“Hate so cheap that even Jews are buying.” The quote is from the web site
Law is not as indispensable as the air we breathe, the foods we eat; therefore, it is very similar based on its importance. A society ensures its natural welfare though peace and prosperity; which, it is in turn guaranteed by the strict applications of laws. As social being, people may find themselves in specific issues that require particular conditions (regulation or rules) to set agreements etc. Consequently, law influences every aspect of life. The laws sometimes serve us as guidelines, preventive measures and also as conditions to deal with people, solve conflict, litigation and the like. In business, laws are imbedded in almost all processes or procedures. Anything has to be taken seriously; since there is always a law which defines its power, its criteria and so on. Due to the holistic implication of law in the business environment of any country in the world; Business Law has emerged as a noticeable field of study. That’s the reason why; this paper aims to describe three ways in which laws exert its effects on business in a specific country -Haiti. Furthermore, it tends to depict the nature and the sources of the law; it will give possible reasons for the law. It also plans to describe the positive and the negative impacts of laws on business. And then, it suggests ways the law should be improved.
Islamic finance is a financial system that operates according to Islamic law (which is called sharia) and is, therefore, sharia-compliant. Just like conventional financial systems, Islamic finance features banks, capital markets, fund managers, investment firms, and insurance companies. However, these entities are governed both by Islamic law and the finance industry rules and regulations that apply to their conventional counterparts. Therefore, islamic finance is to be assets based as oppose to the currency based whereby investment structured on exchange or ownership of assets, and money is simply mechanism for transaction process. It would based on two sources which are Al-Quran and As-Sunnah.
"Usury is the unlawful act of charging interest on a debt at a rate greater than what is permitted under any applicable law or exemption from a law” (Usury Law). A usury law is used to regulate this by capping the amount interest that can be charged on loans. They are used to prevent companies from putting an incredibly high interest rates on loans so that the bower can never pay off their loans. They are there to protect the consumer from being over charged from interest. They are set by the state, but not every state has usury laws.
First of all, let us outline how Islamic banks actually work and what their main differences are in comparison with conventional banks. In this banking system, banks are operated by Islamic laws (known as Sharia), so Islamic economic principles are considered as primary guidance. Two basic doctrines behind Islamic banking are the sharing of profit and loss and, significantly, the prohibition of the collection and payment of interest . Hence unlike conventional commercial banks, Islamic banks do not pay or charge interest on lending or borrowing of money. This is because the Sharia’s strictly prohibits, among other things, the receipt and payment of riba (interest) /. The interpretations to clarify the meaning behind this restriction suggests that earning or charging extra amount of money from debtor has to be seen something as immoral behavior, because making pressure on your borrower is actually unfair from the view point of Islam. To make it clear, the religion of Islam basically promote the principle of justic...