Table of Contents

The Conundrum of Circular Debt

Amna Tauhidi, Centre for Aerospace and Security Studies (CASS)
Usman W. Chohan, UNSW Business School, Critical Blockchain Research Initiative (CBRI), Centre for Aerospace & Security Studies (CASS)

Ouster Clauses and a Quest for Rule of Law

Muhammad Masood Asghar, Lahore High Court

The Western Universalism v. Cultural Relativism Debate on Human Rights and Islam - An ‘Aqidah-Based Approach

Fajri Muhammadin, Universitas Gadjah Mada (UGM) - Faculty of Law
Mohd Hisham Mohd Kamal, Department of Islamic Law

Customary Law, Religion and Legal Pluralism in Israel: Islamic Law and Shari'a Courts in Constant Motion

Kyriaki Topidi, European Centre for Minority Issues, Institute of Law and Religion /Faculty of Law


ISLAMIC LAW & LAW OF THE MUSLIM WORLD eJOURNAL

"The Conundrum of Circular Debt" Free Download
CASS Working Papers on Economics & National Affairs, Working Paper EC011ATUC, January 2020

AMNA TAUHIDI, Centre for Aerospace and Security Studies (CASS)
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USMAN W. CHOHAN, UNSW Business School, Critical Blockchain Research Initiative (CBRI), Centre for Aerospace & Security Studies (CASS)
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This paper attempts to study the dynamics of circular debt and its value-destructive consequences for the public by focusing on the case study of Pakistan. It examines how headwinds faced by developing economies due to non-natural energy crises is evidence of the fact that there are flaws and inconsistencies on the part of national stakeholders (public value agents) in keeping pace with the demand-supply requirements of power services. This inability to manage the public’s needs, a shortage of power generation from the back-end, and technical as well as political problems give rise to a vicious cycle of circular debt. The debt is being accumulated at the cost of the state’s social and economic stability. This implies that circular debt is a wider problem of public value creation, which must be addressed through a concerted and joint effort of public value agents.

"Ouster Clauses and a Quest for Rule of Law" Free Download

MUHAMMAD MASOOD ASGHAR, Lahore High Court
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In this paper an effort is made for describing how, as a result of judicial decisions, concept of rule of law has flourished when it came face to face with misuse or abuse of power that was protected by law barring jurisdiction of courts. Rules highlighting manner of tackling with such provisions have been stated to some extent. Main focus is on Pakistani and English law.

"The Western Universalism v. Cultural Relativism Debate on Human Rights and Islam - An ‘Aqidah-Based Approach" Free Download
Afkar: Jurnal of Aqidah and Islamic Thought, Vol. 21 (2), 2019, pp.175-216

FAJRI MUHAMMADIN, Universitas Gadjah Mada (UGM) - Faculty of Law
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MOHD HISHAM MOHD KAMAL, Department of Islamic Law
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The human rights discourse of (Western) universalism versus cultural relativism in international law becomes interesting when Islam is put into the equation. Scholars incline to either side of the debate while trying to have something in between to bridge the differences. This article uses a literature doctrinal method and does not use the 'third-person view' used by most scholars. Rather, this article uses an 'aqīdah approach to analyze the challenge faced by Muslim international law scholars. It is argued that inclining to either universalism or relativism is against the Islamic 'aqīdah (creed). Rather, the position which is correct according to the Islamic 'aqīdah is to take a third path, namely Islamic universalism as a way forward.

"Customary Law, Religion and Legal Pluralism in Israel: Islamic Law and Shari'a Courts in Constant Motion" Free Download
Revista General de Derecho Público Comparado 26 (2019)

KYRIAKI TOPIDI, European Centre for Minority Issues, Institute of Law and Religion /Faculty of Law
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Similar to the colonial reality, some States maintain a compartmentalized arrangement of their societies, where religious groups are subjected to communal laws that form part of the ‘official’ State legal system. These same States endorse these ‘parallel’ legal systems as a means to keep control over competing communities. Israel is one of these States. Ethno-religious communities in Israel are for the most equipped with their own communal courts, where communal judges sit. Any attempted reforms in personal status law are tainted in the Israeli context by the majority versus minority cleavage between Jews and Arabs. The focus of this paper is therefore to explore how, within a state-endorsed pluralist legal framework, minority religious systems evolve, navigate and reform, emphasizing the role played by actors in the judicial process, in particular judges (qadis) sitting in shari’a courts and adjudicating on family law cases.

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Islamic Law & Law of the Muslim World eJournal

KHALED M. ABOU EL FADL
Omar and Azmeralda Alfi Professor of Law, University of California, Los Angeles (UCLA) - School of Law

AZIZAH AL-HIBRI
Professor, T.C. Williams School of Law, University of Richmond

NATHAN J. BROWN
Professor of Political Science and International Affairs, George Washington University - Department of Political Science

WAEL B. HALLAQ
Columbia University - Avalon Foundation Professor in the Humanities

BERNARD A. HAYKEL
Professor of Near Eastern Studies, Director - Institute for Transregional Study of the Contemporary Middle East, North Africa and Central Asia, Princeton University - Department of Near Eastern Studies

MOHAMMAD HASHIM KAMALI
Professor of Law, International Islamic University of Malaysia (IIUM) - Ahmad Ibrahim Kulliyyah of Laws

ANN ELIZABETH MAYER
Associate Professor of Legal Studies, University of Pennsylvania - The Wharton School, Department of Legal Studies and Business Ethics

DAVID STEPHAN POWERS
Professor of Islamic History and Law, Cornell University - Department of Near Eastern Studies

ABDULAZIZ A. SACHEDINA
Frances Myers Ball Professor of Religious Studies, University of Virginia - Department of Religious Studies

FRANK E. VOGEL
Founding Director, Islamic Legal Studies Program (1991-2007), Adjunct Professor of Islamic Legal Studies (Retired), Harvard Law School