The DIFC Courts Practice is the definitive guide to the practice and procedure of the courts of the Dubai International Financial Centre (DIFC), which is now firmly established as a leading international commercial court. This major new work is endorsed by the DIFC Courts as the official companion to the rules of the DIFC. Written by a team of leading practitioners in the field, it includes the rules of the Court themselves as well as detailed commentary and incisive narrative discussion. The first Part contains an introduction to the Court and its jurisdiction, together with a survey of recent developments of DIFC law covering jurisdiction, conduit enforcement, the Joint Judicial Committee, arbitration, contract law and other areas of substantive law, procedure, appeals and conversion of judgments. The second Part comprises the full text of the rules along with expert commentary on their application and interpretation, with comprehensive analysis of all relevant case law. This indispensable book will be an essential resource for all those involved in litigation in the DIFC Courts, arbitration seated in the DIFC and the enforcement in the DIFC and onshore Dubai of judgments and arbitral awards from other jurisdictions.

Many workers in medicine, healthcare administration, science, and technology, no matter how strong their academic degrees or how distinguished their careers, find themselves baffled, frustrated, and even angered by their encounters with the law. Some of those occasions may lead to the need for a lawyer. But many of the bafflements and frustrations arise from ignorance about what the law is, including how it operates. Over more than a half century of inquiry into the relations between law and science, and through numerous conversations with physicians, scientists, and healthcare professionals whose work rests on technological development, the author realized that they often desire more knowledge about the operations of the law and the legal system. This book seeks to provide basic knowledge about the law in realms where these professionals often encounter it, primarily in areas where activities pose risks of personal injury. This book discusses two basic types of law: civil litigation and other remedies afforded to persons who ascribe injuries to the conduct or product of others, and direct regulation by the government of the levels of safety in those areas. Principal practical applications of this knowledge lie in ways to minimize risk, both in the primary sense and in efforts to avoid litigation over injuries, and in how to present arguments about policy to government officials who write laws and regulations.

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.

It is said that the COVID-19 pandemic has turned back the poverty clock. As such, there is a need to have social mechanisms put in place to provide relief to those who are affected in this regard. Islamic social finance consists of tools and institutions that could be used to alleviate poverty. This book explores the impact of COVID-19 on Islamic finance to better understand the effectiveness of Islamic social finance in helping those who have been affected by poverty overnight due to the halt in all major economic activities in the context of the pandemic. Since the struggle against poverty in each country will be different, the book attempts to shed light on the experiences of different countries by presenting successful models of Islamic social finance. The book first looks at poverty and COVID-19 before delving into the role of Islamic social financial institutions and how they have risen against COVID-19. The book concludes by examining the impact of COVID-19 on Islamic microfinance. This book is the first of its kind on the subject of COVID-19, and it intends to bridge the gap in the literature.

This book is an anthropologist's field study of the new court set up in Singapore to deal with matrimonial suits (chiefly divorce) among Muslims. The study is based on careful observation of the court in action, and analyses in detail the relationship between the reformist aims of the new law and the values and expectations of litigants. The book takes its departure from the argument developed in Dr Djamour's earlier work, Malay Kinship and Mamage in Singapore (Athlone Press, 1959; paperback edition 1965), and discusses the effect of recent attempts to promote the stability of Muslim marriage. Social scientists, lawyers, students of Islam, and those interested in Malayan problems will find in this book the same qualities that distinguished Dr Djamour's previous study -- lively and sympathetic descriptive powers joined to an ability for clear factual analysis.

Written especially for professional artists and those studying the visual arts, Law for Artists is an accessible guide to those aspects of law that impact on artists and their work. It encompasses a comprehensive range of creative practices including fine art, photography, the graphic and plastic arts, animation, illustration, applied and media arts, as well as fashion, textile and product design. As one of the few academics working in this field Blu Tirohl clearly explains the legal principles - such as intellectual property, censorship, freedom of expression and criminal law - that are relevant to artists working in a range of disciplines. In order to illustrate these key concepts the book includes an engaging collection of examples of artists who have come into conflict with the law, demonstrating precisely the challenges faced by creative practitioners. The author also explores how the establishment co-opts transgressive artists; bringing about a range of contradictions that create legal inconsistencies. While the focus is primarily on UK law, the reader is also given ample information to understand how European law affects them. An entire chapter is also dedicated to the comparative study of US Law through well-known cases, ensuring students have a well-rounded knowledge of the concepts that they need to consider in a professional context. The book also provides additional resources including a list of useful websites, a glossary of key terms, as well as a list of statutes and cases. Law for Artists is an invaluable resource to professional practitioners and art graduates, as well as the academics who instruct them. This insightful publication, the first of its kind, helps introduce artists to the professional practice skills needed to ensure they are well-equipped to deal with working life.

This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state's international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE's diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.

This book deals with Law of Waqf (Muslim Endowment Law) and its judicial response in India. The volume covers several jurisprudential and historical aspects of Waqf, which include Doctrines of Waqf; Essential Requisites of Waqf; Valid Objects of Waqf; Historical Account of Waqf; Emergence of Waqf Law in India; and Constitutional Validity of Waqf in India. The chapters then go on to discuss the Waqf Act 1995 and Waqf Amendment Act 2013. The legal perspectives of each Section of Waqf Act and its amendments are elucidated with references under Reflections. The case-law has been analysed and cited under each Section of Waqf Act, wherever applicable. This book will be of interest to scholars and researchers of law and legal studies. It will be of interest to practitioners of Waqf Jurisprudence in India, the managers of Waqf Institutions and officials involved in Waqf Administration.

Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right's roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.

The Routledge Course on Media, Legal and Technical Translation: English-Arabic-English is an indispensable and engaging coursebook for university students wishing to develop their English-Arabic-English translation skills in these three text types. Taking a practical approach, the book introduces Arab translation students to common translation strategies in addition to the linguistic, syntactic, and stylistic features of media, legal, and technical texts. This book features texts carefully selected for their technical relevance. The key features include: * comprehensive four chapters covering media, legal, and technical texts, which are of immense importance to Arab translation students; * detailed and clear explanations of the lexical, syntactic, and stylistic features of English and Arabic media, legal, and technical texts; * up-to-date and practical translation examples in both directions offering students actual experiences of professional translators; * authentic texts extracted from various sources to promote students' familiarity with language features and use; * extensive range of exercises following each section of the book to enable students to test and practice the knowledge and skills they developed from reading previous sections; * glossaries following most exercises containing the translation of difficult words; and * a list of recommended readings following each chapter. The easy, practical, and comprehensive approach adopted in the book makes it a must-have coursebook for intermediate and advanced students studying translation between English and Arabic. University instructors and professional translators working on translation between English and Arabic will find this book particularly useful.

This book provides a systematic and interdisciplinary study of occupational mental health legislation in seven countries. The work presents a study of the laws, policies, and legal interpretations to help prevent mental health problems from occurring in the workplace and appropriately address problems once they do occur. With a view to improving provision in Japan, the author examines the legal issues relating to workplace mental health and stress in the USA, UK, Denmark, the Netherlands, France and Germany. In presenting a comparative discussion of mental health issues in the workplace, this book seeks to establish a minimum for legal rights and duties that contribute to prevention and not just compensation. With its detailed comparative and descriptive coverage of legal and related provisions in a range of countries, the book will be a valuable resource for academics, policy-makers and practitioners working in labour and employment law, social welfare, occupational health and human resource management.

This thoroughly updated third edition lays a solid foundation for understanding the intersection of law, ethics and the rights of the patient in the context of everyday nursing and health care practice. Outlining the key legal and ethical principles relevant to nurses, Essential Law and Ethics In Nursing: Patients, Rights and Decision-Making, previously entitled Patients' Rights: Law and Ethics for Nurses, uses an easy-to-read style that conveys key principles in an accessible way. It: provides a clear understanding not only of basic legal provisions in health care but also of wider issues relating to human rights; covers topics such as ethical decision-making, the regulation of nursing, confidentiality, laws concerning human rights, safe practice, vulnerable people, elder abuse and employment regulations; and includes thinking points, case studies and relevant case law to help link theory with practice. This is essential reading for nurses and an important reference for midwives and allied health professionals.

Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.

Food law is a rapidly developing area, with interest being driven at the consumer, handler and farm level. This introductory textbook provides an overview of the concepts necessary for an understanding of food law and regulations, providing the non-specialist reader with a more comprehensive understanding of food systems from production to consumption. Food Systems Law first introduces the US legal system and then moves on to explain the Federal Regulation of Food systems, the Food Safety Modernization Act (FSMA) and the Farm Bill, the single most important piece of legislation which impacts the way in which federal resources are used within the food industry. The following chapters provide concise explanations of key topics including food safety, food labeling, organic certification and food waste, with examples from US law and policy included. Importantly, the book also addresses key topics which overlap with food law, such as environmental, health and agricultural law. This textbook is geared towards a non-legal audience, particularly students of interdisciplinary food studies and food science who are taking food law courses, as well as those studying agricultural law, food policy and environmental law. It will also be of interest to professionals working in the food industry and those who want to learn more about how food is regulated.

Food law is a rapidly developing area, with interest being driven at the consumer, handler and farm level. This introductory textbook provides an overview of the concepts necessary for an understanding of food law and regulations, providing the non-specialist reader with a more comprehensive understanding of food systems from production to consumption. Food Systems Law first introduces the US legal system and then moves on to explain the Federal Regulation of Food systems, the Food Safety Modernization Act (FSMA) and the Farm Bill, the single most important piece of legislation which impacts the way in which federal resources are used within the food industry. The following chapters provide concise explanations of key topics including food safety, food labeling, organic certification and food waste, with examples from US law and policy included. Importantly, the book also addresses key topics which overlap with food law, such as environmental, health and agricultural law. This textbook is geared towards a non-legal audience, particularly students of interdisciplinary food studies and food science who are taking food law courses, as well as those studying agricultural law, food policy and environmental law. It will also be of interest to professionals working in the food industry and those who want to learn more about how food is regulated.

Collected Studies CS1071 The central figure in this volume is that of Gratian, whose monumental compilation of canon law sparked off the revival of legal studies in the medieval West. In other collections of essays, Stephan Kuttner dealt with the development of canon law in the two centuries that followed the publication of Gratian's Decretum, and the ideas that this engendered; here he is concerned with the foundations upon which all these later efforts were based. The work of Gratian is, of course, the principal focus, but the studies then follow the spread of the teaching of law, from its inception at Bologna in the 1140s to its appearance soon after in other centres of learning in the West especially in France, in the Anglo-Norman schools and in Germany. With a quarter of the volume consisting of additional notes and extensive indexes, it makes a contribution of the greatest importance to the historical study of canon law. For this second edition, a new section of additional notes has been supplied, and the volume is introduced with an essay by Peter Landau; these take account of the important recent work on Gratian and the Decretum and chart the significance of Stephan Kuttner's work.

Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church. The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history. .

The Veterans Treatment Court Movement provides a comprehensive, empirical analysis of the burgeoning veteran's court movement from genesis through to operation, and concluding with comments on its societal relevance. Beginning with the unlikely convergence of therapeutic jurisprudence with the oft-misunderstood warrior ethos that undergirds the entire movement, the text examines every component of veterans courts, weighing the cultural, legal, and practical strengths and limitations of these programs. Each chapter assesses key components of the court, including the participants, law enforcement, judges, prosecution, defense counsel, court administration, data management, the Veterans Justice Outreach Officer (VJO), probation, mentors, and the community. The book concludes with recommendations on how these courts can further integrate with communities, maximize efficiency, and improve. The book shows how veterans courts seek to serve veterans' legal, social, and psychological needs, and how they serve more than just offending veterans by allowing law-abiding veterans, many of whom suffered greatly when they transitioned out of military service, to exorcize their own demons and integrate their experiences into a socially recognized system of care. Incorporating program evaluation with sociological considerations, this monograph offers a comprehensive, considered examination of how - and why - these courts operate, and provides a foundation for future development. The volume provides essential background for scholars studying law and the criminal courts, as well as policymakers, judges, academics, students, and practitioners concerned with effective jurisprudence.

This book examines the intersection between contemporary International Commercial Arbitration and Shari'a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari'a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari'a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the 'Shari'a Standards' developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Moral Rationalism and Shari'a is the first attempt at outlining the scope for a theological reading of Shari'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shi'i readings of Shari'a. Within Shi'i works of Shari 'a legal theory (usul al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur'an and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shi 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shi'i adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Shari 'a norms within mainstream contemporary Shi'i thought. Through a close examination of the notion of independent rationality as a source in modern Shi'i usul al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Shari 'a are shown to be purely epistemic. In line with the 'emic' (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Shari'a that is consistent with the fundamental moral rationalism of Shi'i thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Shari'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent

Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahya b. Sharaf al-Nawawi, who is regarded as the chief contributor to the legal tradition known as the Shafi'i madhhab in traditional Muslim sources, named after Muhammad b. Idris al-Shafi'i (d. 204/820), the supposed founder of the school of law. Al-Nawawi's legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawi's place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shafi'ites, i.e., the tariqas of the Iraqians and Khurasanians. This book revisits the history of the Shafi'i school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi'ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.

The entanglement of law and religion is reiterated on a daily basis in India. Communities and groups turn to the courts to seek positive recognition of their religious identities or sentiments, as well as a validation of their practices. Equally, courts have become the most potent site of the play of conflicts and contradictions between religious groups. The judicial power thus not only arbiters conflicts but also defines what constitutes the 'religious', and demarcates its limits. This volume argues that the relationship between law and religion is not merely one of competing sovereignties - as rational law moulding religion in its reformist vision, and religion defending its turf against secular incursions- but needs to be understood within a wider social and political canvas. The essays here demonstrate how questions of religious pluralism, secularism, law and order, are all central to understanding how the religious and the legal remain imbricated within each other in modern India. It will be of interest to academics, researchers, and advanced students of Sociology, History, Political Science and Law. The chapters in this book were originally published as a special issue of South Asian History and Culture.

The book ties together much of the existing work on the history of oil and gas regulation in Iran and builds on that foundation to propose a coherent and balanced approach within the framework of the NCC.

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.