Sharīʿa and Custom in Libyan Tribal Society : An Annotated Translation of Decisions from the Sharīʿa Courts of Adjābiya and Kufra /
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This volume presents annotated English translations of 72 court decisions handed down by the the Sharīʿa Courts of Adjābiya and Kufra roughly during the period 1930-1970; the original texts (facsimiles and edited documents) appeared in A.Layish, Legal Documents on Libyan Tribal Society in Process of Sedentarization (Wiesbaden, 1998). The documents address personal status, succession, homicide and bodily injury, property, obligation, and attest to the interaction between the sharīʿa representing normative Islam, and tribal customary law, representing social reality in Cyrenaica during the aforementioned period. They also exemplify the qadi 's role of bringing a Bedouin society within the orbit of normative Islam. A.Borg's essay Orality, Languages, and Culture in Arabic Juridical Discourse addresses cultural aspects of orality on the language of these documents. The study is intended for Orientalists, Islamologists, legal and social historians, social scientists, and lawyers interested in Islamic and comparative law.
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1 online resource. :
Includes bibliographical references and index. :
9789047406266
9789004140820
Arbitral Awards of the Cairo Regional Centre for International Commercial Arbitration /
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The Arbitral Awards of the Cairo Regional Centre for International Commercial Arbitration addresses many significant issues and questions, including the following: * Do rules of limitation have a role in arbitration? * How greatly do administrative contracts differ from civil contracts in the closing years of this century? * Obtaing permissions of works - is this the task of the employer or the contractor? * What can the arbitrator do if several exchange rates apply to the consideration of a contract? It is expected that by the end of 1999 the number of international arbitration cases registered with the Centre will have reached 200. While individual CRCICA awards have occasionally been published, there has never been an independent compilation of all the awards issued by the Centre. This important new volume contains a collection of arbitral awards made up to 1996, with those made originally in Arabic translated into English. The editors have summarised each award and included commentary where appropriate, and the awards are followed by legislative or statutory articles as relevant.
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1 online resource. :
Includes bibliographical references and index. :
9789004479906
9789041112217
Arbitral Awards of the Cairo Regional Centre for International Commercial Arbitration - Arbitral Awards of CRCICA Volume 2 (1997-2000) /
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The cases are edited and translated by the prominent legal scholar, arbitrator and lawyer Dr. Mohie Eldin I. Alam-Eldin. His in-depth commentary on the thirty-four cases included in this volume encompasses discussion of emerging new arbitral trends and principles, such as the alter ego and contra preferentum doctrines, and new approaches to arbitration engendered by the ever-growing and changing practises and patterns of internatuional trade. He also analyses many of the new issues raised by the decisions of the court of appeal in cases where arbitral awards proved unsatisfactory. Many of these court of appeal decisions are included in the text, as are relevant decisions of the Supreme Court of Egypt. This second series of cases brought before the Cairo Regional Centre for International Commercial Arbitration covers the period 1997-2002, years which witnessed a major growth in confidence in the Centre and a corresponding expansion in scope, procedure, and legal principles. Perhaps most notable among these important developments is the evolution of hybrid procedures that permit the harmonization of legal cultures among parties. In this book will be found a number of cases which successfully blend common law, civil law, and Sharia principles while rigorously adhering to the agreements between the parties, all applicable law, and guarantees of defence. The subject matter of the international disputes arbitrated includes the following: - Supply - Hotel management - Software contracts - Oil contracts - Distributorship contracts - Insurance contracts - Credit risk management contracts - Construction - Commercial agency The significance of the Cairo Regional Centre for International Commercial Arbitration, as a forward-looking and innovative institution directly influencing business activity in some of the most important areas of global commerce, can hardly be overstated. This book validates and reinforces the Centre pivotal role, and will be of inestimable value to the international commercial arbitration community.
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1 online resource. :
Includes bibliographical references and index. :
9789004478756
9789041119469