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Minerals Investment Under The Shari'A Law »

Authors: Walied M.H. El-Malik
ISBN-13: 9781853339073, ISBN-10: 1853339075
Format: Hardcover
Publisher: Wolters Kluwer Law & Business
Date Published: June 1993
Edition: (Non-applicable)

Author Biography: Walied M.H. El-Malik

Book Synopsis

Starting with a survey of the sources of Islamic law, the book questions the capacity of Islamic law to develop and to adapt itself to the exigencies of time and place, since, although the rules of the holy Quran are eternal and immutable, yet they

	Acknowledgements
	Foreword
	Introduction	1
	What is Islamic Law?	3
	Is there a Single System of Islamic Law?	4
Ch. 1	The Sources of Islamic Law	7
	The Holy Quran	9
	The Sunnah	15
	Ijma (Consensus of Opinion)	17
	Qiyas	19
	The Secondary Sources	20
	The Power of Legislation	31
	Islamic Schools of Jurisprudence	34
	Classification of Land in Islamic Law	37
Ch. 2	The Minerals Industry	43
	Ownership Concept	44
	The Role of the Islamic State in Mineral Activities	57
	Mining Agreements	70
	The Legal Nature of Concession Agreements	74
	Taxation under Islamic Law	78
	Negotiation of Mineral Agreements	83
	The Islamic Monetary System and Financial Institutions and Methods of Finance	85
Ch. 3	Protection of Investment under Islamic Law	101
	Guarantee against Arbitrary Breach of the Contract	102
	The Principle of Non-Retroactivity of Laws	109
	The Guarantee against Taking of Private Property	111
	Settlement of Disputes	120
	Glossary	132
	Selected Bibliography	135
	Table of Cases	139
	Index	141