ISLAMIC LAW & LAW OF THE MUSLIM WORLD eJOURNAL

"Prioritizing Fair Information Practice Principles Based on Islamic Privacy Law" Free Download
Forthcoming, 10 Berkeley Journal of Middle Eastern and Islamic Law (2019)

AYESHA RASHEED, University of California, Berkeley, School of Law
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All global privacy law is, to varying degrees, based upon the Organization for Economic Cooperation and Development’s Fair Information Practice Principles (FIPPs). Though first developed in 1973, few have questioned the extent to which the FIPPs and subsequent regulations operationalizing them account for non-Western (i.e. non-neoliberal) legal and cultural systems. But given the increasingly international character of data flows and the number of non-European countries now enacting national data privacy laws for the first time, that oversight should be remedied. In particular, nations that observe some form of Islamic law or culture have rich histories of discourse that speak directly to definitions of privacy interests and methods of privacy protections. Those studying data privacy in these nations or looking to move information to and from them should be mindful of Islamic perspectives on privacy, and encourage greater examination of such perspectives’ intersection with extant data privacy regimes.

"Human Rights and Cultural Diversity: the Iranian Discourse" Free Download
Iranian Review for UN Studies (IRUNS), Vol. 2, Issue 1, 2019.

POURIA ASKARY, Allameh Tabataba’i University
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AMIRSAED VAKIL, University of Tehran
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Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly on 10 December 1948 and Iran was among the 48 UN Member States who voted in favor of this historic resolution. Since then, Iran has acceded to many other international instruments of human rights. At the same time and especially after the victory of the Islamic Revolution in 1979, Iran has repeatedly referred to its different interpretation of some international norms of human rights, relying on the notion of cultural diversity.

"Indirect Trademark Infringement: An Analysis Based on Policy Considerations Under US and Iranian Law" Free Download

HAMED NAJAFI, Tarbiat Modares University
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In US, trademark infringement may occur in two ways: direct and indirect. In later type, a person without committing a conduct that is subject to a trademark infringement, will conduct a behavior that, as the case may be, results in a contributory (and inducing) or vacarious liability. Given the state of technological innovation in the US, recognation of such an institution seems to be justifiable. In Iran, indirect liability is not foreseen for trademark infringement and various examples of this type of infringement are subject to general civil liability, which is reasonable in the light of the state of technological innovation in Iran. The purpose of this study is to investigate the indirect trademark liability from the point of view of its policy consideration using a descriptive-analytical method. The state of US on technology, justifies the identification and enforcement of such a liability, but considering the state of technological innovation in Iran with respect to all the conditions, including international regulations, Iran's political and economic situation in the international arena, and ..., the failure to identify the indirect liability institution caused by trademark infringement and relying on general civil liability in this area, is justified and recommended.

"'Handle With Care: How Sharia Law and U.S. Tax Law Affect the Foundations Regime in the United Arab Emirates'" Free Download
Tax Notes International Vol. 98 No. 5 May 4, 2020

VIRGINIA LA TORRE JEKER, J.D., Independent
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The United States tax classification of a “foundation? created under the laws of a foreign jurisdiction is a complicated matter. “Foundations? are not creatures of common law, but are derived from civil law. The United States follows common law and this body of jurisprudence is more familiar with the concept of a trust. A “foundation? has elements of both a trust and a corporation and determining the United States tax classification of a foreign foundation can be tricky. When Sharia law impacts the structure, the complexities can grow. My article examines all of these issues as they relate to the newest foundations regime enacted in the United Arab Emirates.

The United Arab Emirates is essentially a tax-free jurisdiction and with its free zones providing 100% foreign ownership, it is fast becoming an international business hub. The Emirates now has 3 foundations regimes in place, with the most recent being launched in the Emirate of Ras Al Khaimah. This article provides an overview of the foundations regimes available in the United Arab Emirates, with particular attention to the latest regime and how Sharia law and US tax rules affect the use, structure, and efficiency of foundations.

Proper structuring with a foundation can mean not only very favorable tax results, but strong asset protection as well as a unique opportunity for business and succession planning. The United Arab Emirates’ latest foundations regime provides an excellent planning mechanism for Muslims and non-Muslims, resident or nonresident and for local and foreign assets.

This is my second article analyzing the United States tax issues and consequences when transactions involve Sharia law. This is an uncharted area of law, unaddressed by the U.S. Internal Revenue Service, the U.S. courts and U.S. Congress. My first article “When Sharia and U.S. Tax Law Collide?, Tax Notes International, Volume 87, No. 8, August 21, 2017 is also available on SSRN.

"Mainstreaming Misconceptions- Demonizing Muslim Personal Law: A Comment on the Muslim Women (Protection of Rights on Marriage) Act 2019" Free Download
Delhi Journal of Contemporary Law Vol. II

SAADIYA SULEMAN, Faculty of Law, Jamia Millia Islamia, Symbiosis International University - Symbiosis Law School, Noida
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Media is awash with reports portraying an immensely inhuman picture of Muslim Personal Law which treats women like objects, devoid of any rights. Deeply embedded misconceptions in the media about marriage and divorce, together with legislation based on flawed understanding of Islamic law have led to demonizing of Muslim Personal Law and 'othering' of Muslims in the society. The objective of the paper is to firstly, dispel misconceptions perpetuated by mainstream media and secondly, to critically analyse the Muslim Women (Protection of Rights on Marriage) Act, 2019. The paper is schematically divided into two main parts. The idea of marriage and divorce under Islamic law is discussed first. Thereafter, the problem as projected by the media and the solution provided in the form of legislation by the state is critically analysed. A conclusion is arrived at on the basis of the discussion in the two parts.

"How to Divorce: A Legal Digest" Free Download

OKPI BERNARD ADAAFU (OBA) ESQ, Kanu G. Agabi SAN (CON) & Associates
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Marriage is a formal contract between two consenting parties (man and woman). Generally, every contract is subject to termination or determination. Thus marriage as a contract is no exception. This article explores the legal way by which a marriage can be dissolved. There are three types of Marriage in Nigeria i.e. Islamic Marriage, Customary Marriage and Statutory Marriage. It is pertinent to state that the kind of marriage contracted determines the form of divorce. This article focuses on divorce under statutory marriage. It presents the reader, with other available options when divorce is not practicable.

The article will be analyzed under the following headings:

-Matrimonial reliefs

-Dissolution of marriage/divorce

-Claim for damages where adultery is committed

-Alimony/financial support

-Procedure for divorce

"Inheritance of Full Sister/s with Consanguine Brother/s in Pakistan: A Critical Analysis of Saadullah v Gulbanda" Free Download

SHAHBAZ AHMAD CHEEMA, Punjab University - Law College
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In Pakistan, Hanafi version of Islamic law of inheritance is followed by the courts in view of overwhelming number of Sunni Hanafi Muslims unless proved otherwise. Despite accurate appraisal of Islamic law of inheritance by the superior courts in general, one specific issue has been causing problem for last many years. In Saadullah v Gulbanda (2014 SCMR 1205), the Supreme Court excluded consanguine brother from inheritance in presence of full sisters that stirred debate about entitlement of those residuaries who are remotely related to deceased than full sister/s. This judgment is based on the faulty appraisal of Islamic law of inheritance by misreading the chart of residuaries prepared by D. F. Mulla’s Principles of Muhammadan Law. Case law analysis in the article reveals that, prior to the above mentioned case, the courts appreciated the analogous matters more accurately. The article presents correct perspective of Islamic law of inheritance on the subject with an expectation that the Supreme Court would revisit its erroneous approach for the protection of inheritance rights of eligible legal heirs.

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About this eJournal

This area includes content as an interdisciplinary forum for posting abstracts, works-in-progress, and completed scholarly works on any matter of public or private law, legal theory, legal practice or policy that bears on the modern or pre-modern Muslim world, such as studies of:
- topics in classical or contemporary shari'a;
- legal theory, practice, institutions, or actors in pre-modern Muslim regions;
- domestic law or practice in modern Muslim-majority nations, or in non-Muslim-majority nations insofar as it affects or relates to Muslims;
- international law or practice that affects or relates to Muslim-majority nations or to Muslims.

Contributions are welcome from scholars of law, history, religion, political science, international affairs or regional studies, gender studies, economics or finance, and any other discipline from which pertinent scholarship arises.

Editor: Sadiq Reza, New York Law School

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Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

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