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Covid-19 and Business Law - Legal Implications of a Global Pandemic (Paperback)
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Covid-19 and Business Law - Legal Implications of a Global Pandemic (Paperback)
Series: De Gruyter Studies in Global Asia
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Harmonisation of law, a term that refers to an effort to bring two
different legal traditions in harmony with one another, has
developed a rather negative connotation over time when mentioned 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 approached from the position of appreciation for
commonalities, the ambiance to reconcile the differences would be
more conducive to the harmonisation process which would, in that
case, be reflective of compromise. This book is intended to help
readers better understand Shari'ah and common law and aid
harmonization efforts when needed.
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