Tag: Shari

Free Download Adnan Trakic, "Shari’ah and Common Law: The Challenge of Harmonisation (de Gruyter Studies in Global Asia) "
English | ISBN: 311076668X | 2022 | 280 pages | PDF | 3 MB
Harmonisation of law, a term that refers to the bringing together of two different legal traditions, has developed a negative connotation when considered in the context of Shari’ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge. One of the principal findings of this book is that Shari’ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari’ah and common law, which undoubtedly exist as evidenced in this book, are viewed with an appreciation of the commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process. This book is intended to help readers better understand Shari’ah and common law and aid harmonisation efforts when the need arises.

Free Download Nadirsyah Hosen, "Shari’a and Constitutional Reform in Indonesia"
English | 2008 | ISBN: 9812303995, 9812304029 | PDF | pages: 280 | 3.1 mb
This book focuses on constitutional reform in Indonesia (1999-2002) from the perspective of shari’a. Since the end of Soeharto’s New Order government in 1998, Indonesia, the largest Muslim country in the world, has amended the 1945 Constitution four times. Soeharto’s departure also opened the way for several Muslim groups and political parties to propose the introduction of shari’a into the Constitution.This book poses the crucial question implicit in the amendments to the 1945 Constitution: can shari’a and democratic constitutionalism be fused without compromising on human rights, the rule of law, and religious liberty? The contributions of Islamic political parties in Indonesia to the process and the outcome of the amendments, by adopting a substantive shari’a approach, reflect the ability to deal with a modern Constitution without abandoning the principles and the objectives of shari’a. The study reveals one possible picture of how Islam and constitutionalism can co-exist in the same vision, not without risk of tension, but with the possibility of success.