Overview

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 can well be interpreted to suit fresh situations. The author argues that, although private ownership of minerals is permissible under Islamic law, it is the consensus of the Muslim dilemma that state ownership of minerals is the best concept to be adopted by states in the public interest. He goes on to discuss state participation in mineral activities, types of agreements, methods of finance and how the Shari'a laws fit into a well organized subject like the modern mineral industry. In regard to the protection of investors - Muslims and non-Muslims - under Islamic law, the author illustrates that investors are well protected and that no Muslim ruler has the right to deprive them of their property as long as they are performing their obligations. Unlike international law, under Islamic law public interest alone does not justify the taking of private property. Settlement of disputes and the attitude of Shari'a towards modern international arbitration are examined.

Full Product Details

Author:   Walied El-Malik
Publisher:   Kluwer Academic Publishers Group
Imprint:   Graham & Trotman Ltd
Edition:   1993 ed.
Dimensions:   Width: 15.60cm , Height: 1.10cm , Length: 23.40cm
Weight:   0.340kg
ISBN:  

9781853339073

ISBN 10:   1853339075
Pages:   176
Publication Date:   15 June 1993
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   No Longer Our Product
Availability:   In Print  
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Table of Contents

Part 1 The sources of Islamic law: the Holy Quran; the Sunnah; Ijma (consensus of opinion); Qiyas; the secondary sources; the power of legislation. Islamic schools of jurisprudence; classification of lands in Islamic Law. Part 2 Minerals industry: ownership concept; minerals ownership; the role of the Islamic state; mineral activities; mineral laws; the grant of mineral rights; mining agreements; the legal nature of the concession agreements; taxation under Islamic law; negotiations of mineral agreements; the Islamic monetary system and financial institutions and methods of finance. Part 3 Guarantee against arbitrary breach of the contract: the principle of non-retroactivity of laws; the guarantee against taking of private property; settlement of disputes.

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