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Shari'ah and Common Law (The Challenge of Harmonisation)

List Price: $90.99
SKU:
9783110766684
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  • Product Details

    Author:
    Adnan Trakic
    Format:
    Paperback
    Pages:
    288
    Publisher:
    De Gruyter (October 24, 2022)
    Language:
    English
    Audience:
    Professional and scholarly
    ISBN-13:
    9783110766684
    ISBN-10:
    311076668X
    Weight:
    16.48oz
    Dimensions:
    6.69" x 9.45"
    File:
    TWO RIVERS-PERSEUS-Metadata_Only_Perseus_Distribution_Customer_Group_Metadata_20260408164004-20260409.xml
    Folder:
    TWO RIVERS
    List Price:
    $90.99
    Country of Origin:
    Germany
    Series:
    De Gruyter Studies in Global Asia
    As low as:
    $86.44
    Publisher Identifier:
    P-PER
    Discount Code:
    H
    Pub Discount:
    35
    Imprint:
    De Gruyter
  • Overview

    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.