y this time the Shari'ahs' now had four schools of thought established. These are still prominent today to include: Hanafi, Maliki, Shafi'i, and Hanbali. Considered the most liberal of the schools, Hanafi puts a greater emphasis on the use of reason and it is the most popular school of thought in the Muslim world. Maliki law is largely based on: narrations of the words and deeds of Muhammad. Shafi'i believes in the order of importance in interpreting the law to include: the Quran (first), the sunnah (second), consensus (third) and lastly analogy. Finally, the philosophy known as Hanbali is considered to be: the most strict and conservative school of jurisprudence (Coulson, 79).

Shari'ah law is unique in that it was imposed on society from above. Therefore, in Islamic jurisprudence it is not a society that moulds and fashions the law, but the law that precedes and controls it ("Shari'ah"). This consists…...

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Bibliography

Coulson, Noel J. A History of Islamic Law. Scotland: Edinburgh University Press, 1995. Print.

"Shari'ah." Encyclopedia Britannica. 2011. Encyclopedia Britannica 2006 Ultimate Reference Suite DVD. 5 May 2011.

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group of…...

Business
Comparative Law and Business

A company has decided to expand its operations to another nation. The company is involved in information technology (IT) and is headquartered in Malaysia. The desire is to grow assets by beginning operations in Thailand. The fact that these are two separate countries makes the transition difficult, but it complicated by the fact that the two nations have different sets of laws which govern aspects of the transfer, and of the continuing operation of a Malaysian company in Thailand. Of primary concern is the contract law which exists in Thailand, and how those statutes direct a foreign company within Thai borders. It is the wish of the Malaysian company to maintain control in Malaysia not only for the company, but also for the settling of disputes. Since there are two different sets of laws that may govern a dispute, it is imperative that any potential contracts…...

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References

X Arner, D.W., Booth, C.D., Lejot, P., & Hsu, P.F.C. (2007). Property rights, collateral creditor rights, and insolvency in East Asia. Texas International Law Journal, 42(3), 515-559.

CLW Malaysia. (2006). Laws of Malaysia: Contracts Act of 1950.

X Colon, R. (2011). Choice of law and Islamic finance. Texas International Law Journal, 46(2), 411-456.

X Davis, G.B., Ein-Dor, P., King, W.R., & Torkzadeh, R. (2006). IT offshoring: History, prospects and challenges. Journal of the Association for Information Systems, 7(11), 770-792.

Islam
Plurality is built into Islam's legal and ideological foundations, complicating the political and social structure of the religion and its institutions. Principle means by which to explore and critique the complexity and plurality of Islam include the Hadith and the various schools of Islamic law. Because of the relatively equal veracity of all six books of the Hadith, and of the various schools of law, there is no singular authoritative body in Islam. Each region of the world has instead opted to emphasize some teachings and some legal schools over others.

The Hadith is a collection of writings reflecting the traditions, actions, and actual sayings of Muhammad. The Hadith comprises six books, compiled in the ninth and tenth centuries, and are viewed as "second only to the Quran in their practical significance and authority," (p. 74). The "soundness of their claims of transmission" is one of the central issues in the…...

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Reference

Kamali, M.K. (1999). Law and society. Chapter 3 in The Oxford History of Islam. Ed. Esposito. Oxford University Press.

In fact there are signs of turmoil among religious as well as ethnic groups. An internal war between the Hausa and another tribe called the Yoruba resulted in 300 deaths. More recently tribes called the Tiv and the Jukun have executed tribal raids. In fact, between the successful election of a civilian President in May of 1999 and the end of 2001, over 10,000 Nigerians died in regional conflicts based on religious/and/or tribal differences. The Islamic belief in Shari'a, including the idea that religion and state government should be one, contributes to these problems.
In fact the animosity between Christians and Muslims is quite strong in Nigeria. The province adopting Shari'a, Zamfara, uses Islamic courts to try criminals. The Christians who live in the south do not agree that Zamfara should use a religiously-based legal system. This disagreement demonstrates that the country is divided on multiple levels. It is the…...

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Bibliography

Clark, Andrew F. "Imperialism, Independence, and Islam in Senegal and Mali." Africa Today, June 1999.

Gausset, Quentin. " Islam or Christianity? The Choices of the Wawa and the Kwanja of Cameroon." Africa, Vol. 69, 1999.

Miles, William F.S. "Shari'a as de-Africanization: evidence from Hausaland." Africa Today, March 2003.

Roach, Ronald. "Translating the African past: the Islamic heritage of sub-Saharan Africa - Special report: international education." Black Issues in Higher Education. May 9, 2002.

Neo-Liberalistic Legal Concepts on Nations ith Distinct Legal Tradition (Common, Civil, Socialist)
This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: Malaysia, Indonesia and China. Common law, civil law and socialist law will be defined separately and then as they each apply to the country which has used that system as its focus for legal practice. The effect that neo-liberalism had after the Asian financial crisis on these three nations will be then be examined. Finally, this review will determine if there has been a change post-crisis in merger and acquisition or public finance law.

Definitions

It is necessary to begin by defining terms that will occur throughout this review. The three systems of law to be initially discussed in the review are common law, civil law and socialist law. Of course, many dispute the fact that socialist…...

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Works Cited

Agami, Abdel M. "The Role that Foreign Acquisitions of Foreign Companies Played in the Recovery of the Asian Financial Crisis." Multinational Business Review 10, no. 1 (2002): 11-17.

Batra, Madan M. "The Dark Side of International Business." Competition Forum 5, no. 1 (2007): 306-313.

Berman, Alan. "The Anwar Saga: Sexuality and Politics in Contemporary Malaysia." Gay & Lesbian Issues and Psychology Review 4, no. 3 (2008): 188-193.

Chan, Anita, and Jonathan Unger. "A Chinese State Enterprise Under the Reforms: What Model of Capitalism?" The China Journal 62 (2009): 1-15.

Islamic criminal justice system to the criminal justice Systems of the common Law and the Civil law
Law is implied to hold a fundamental position in the societal system of the western and near eastern regions. Two customary beliefs are present in these "law-centered" societies. The custom of divine revelation is the first one. This has given rise to the Talmudic and Islamic systems of law, among which the importance of Islamic legal system is increasing in many nations. The other is the custom of involvement of the public that gave rise to either Greek and Roman models and consequently the civil law system, or the weird historical happenings in England from which the common law system has emerged. Islamic law is neither a remnant from the history nor a revisit to ancient origins, but somewhat an intricate, multithreaded cluster of thoughts and actions that the Islamic persons shaped and…...

If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the contract is often chosen as the country of law for deciding the dispute. The place of performance of the contractual duties; the place of residence of the contractual parties; the nature of the subject matter of the contract -- all of these have been used to decide contract jurisdiction.
Tort

Torts -- wrongs done to others -- are the domain of civil law. s with contracts, there is a "proper law of the tort," which country has the most significant relationship with the event or the parties. The law of that country applies. Therefore, the place where the wrong occurs is usually which law applies. This is similar to the way tort cases work in the United States. The state in which the…...

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Australian courts can also decline to hear a case if it doesn't believe it is the right forum.

Corporations

Since 2004 and the introduction of European SE companies, some interesting conflicts of jurisdiction have ensued. If the company was first registered in a single country, it is subject to those laws. As an SE company, the corporation is also subject to additional regulations of the Union. The corporation doesn't have to abide by all the laws of all the countries of the Union, just the specific SE rules and the rules of their country. This can be a distinct advantage for SE companies at they can forum shop and choose the country which best suits the business' needs before making a choice about where to base its operations. The company can then operate both under the jurisdiction of the country with the most favorable laws and have the privileged position of an SE throughout the Union. This kind of behaviour will continue for the foreseeable future; there has been some consistency of law across the Union recently, but there are still distinct differences from country to country. It is worth a corporation's time and effort to do its research before deciding where to incorporate.

S. interests. What is different is that we have names and faces to go with that warning."3 This emphasis on recognizing the adaptability
3 Dennis C. Blair, Annual Threat Assessment of the U.S. Intelligence Community for the Senate Select Committee on Intelligence, (U.S. Senate Armed Services Committee, 2010).

of the terrorist is central to the government's overall response, in terms of both planning and execution, as evidenced by findings presented in the wealth of threat assessment material released to the public each year.

With the oft mentioned terrorist training camps and secret underground bases littered throughout the Middle East long since located and reduced to rubble, jihadists the world over have increasingly turned to the internet to lure potential borrowers and launder funds on a global scale.4 the last Homeland Security Threat Assessment, delivered to the Senate Select Committee on Intelligence in 2008 and covering the period from that date through 2013, stated…...

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Referenced

Bennetch, Paul. 2012. "Terrorism expert: al-Qaida's 9/11 tactics an 'abject failure'." Cornell Chronicle [Ithaca, NY] 13 Mar 2012. Retrieved from  http://www.news.cornell.edu/stories/March12/BergenCover.html 

Blair, Dennis C. 2010. United States Senate Select Committee on Intelligence. Annual Threat Assessment of the U.S. Intelligence Community for the Senate Select Committee on Intelligence. Washington, DC: Government Printing Office, Retrieved from  http://intelligence.senate.gov/100202/blair.pdf 

Esposito, Richard, Matthew Cole, and Brian Ross. 2009. Officials: U.S. Army Told of Hasan. ABC World News. Retrieved from   contact-al-qaeda-terrorists-officials/story?id=9030873http://abcnews.go.com/Blotter/fort-hood-shooter -

Holt, B. 2010. Islamic wealth management. Unpublished raw data, Thomas Jefferson School of Law, San Diego, CA.

In the event that the analysis of records of telephone, e-mail and internet use was considered to amount to an interference with respect for private life or correspondence, the Government contended that the interference was justified. First, it pursued the legitimate aim of protecting the rights and freedoms of others by ensuring that the facilities provided by a publicly funded employer were not abused. Secondly, the interference had a basis in domestic law in that the College, as a statutory body, whose powers enable it to provide further and higher education and to do anything necessary and expedient for those purposes, had the power to take reasonable control of its facilities to ensure that it was able to carry out its statutory functions. It was reasonably foreseeable that the facilities provided by a statutory body out of public funds could not be used excessively for personal purposes and that…...

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Bibliography

ECHR Case Law - Copland vs. United Kingdom European Court of Human Rights - Council of Europe Copland vs. United Kingdom 3 April 2007 Violation of Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Legile Inernetului (2009) Online available at http://www.legi-internet.ro/english/jurisprudenta-it-romania/decizii-cedo/copland-vs.-united-kingdom-echr-case-law.html

Vermeulen, Mathias (2009) UN Special Rapporteur Releases Report on the Role of Intelligence Agencies in the Fight Against Terrorism. 27 Feb 2009. Online available at  http://legalift.wordpress.com/2009/02/27/un-special-rapporteur-releases-report-on-the-role-of-intelligence-agencies-in-the-fight-against-terrorism/ 

Recent Case Law on Asylum and Immigration (2008) Migration Watch.

UK ASYLUM LAW and PROCESS in the human rights law [3.1.6] section of the guide: 3.1.6|1 the IMPACT of HUMAN RIGHTS LAW; and 3.1.6|2 USEFUL RESOURCES (ICAR) 2008. Online available at http://www.icar.org.uk/7013/31-law-and-process/316-human-rights-law.html

Esposito finds that the premodernist revival movements of the eighteenth and nineteenth centuries contributed to the pattern of Islamic politics that developed and left a legacy for the twentieth century. These movements were motivated primarily in response to internal decay rather than external, colonial threat (Esposito 40-41).
At the same time, many areas of the Islamic world experienced the impact of the economic and military challenge of an emerging and modernizing est beginning in the eighteenth century. Declining Muslim fortunes also reversed the relationship of the Islamic world to the est, from that of an expanding offensive movement to a defensive posture. Muslim responses to these changes ranged from rejection to adaptation, from Islamic withdrawal to acculturation and reform. Some responded by secular reform, and by the late nineteenth and early twentieth centuries, Islamic modernist movements had also developed in an attempt to bridge the gap between tradition and modernity…...

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Works Cited

Ahmed, Leila. Women and Gender in Islam: Historical Roots of a Modern Debate. New Haven: Yale University, 1992.

Binder, Leonard.

Islamic Liberalism. Chicago: Chicago University Press, 1988.

Eickelman, Dale F. The Middle East: An Anthropological Approach. Englewood Cliffs, New Jersey: Prentice-Hall, 1989.

eligion and Politics
All religions aim to provide a code of life for mankind. Apart from other tenets, this code establishes laws that govern all areas of man's life. Thus the laws established by the religion Islam are termed as Shariah. The term Shariah means all of the Islamic Laws and is derived from four basic sources. These sources are The Holy Quran, Sunnah, Ij'ma (consensus) of the Companions (Sahabah) and Qiyas or analogical deduction. These laws are not just limited to areas such as marriage or divorce; rather, the Islamic laws cover every action performed by an individual or a society. The term Shariah is also synonymous with Fiqh. However the term Fiqh means knowledge of all the Islamic Laws (Shariah). It can also be taken to mean the Knowledge of the sources from where the Islamic Laws (Shariah) have been extracted.

Shariah or Islamic Laws are divine ways to preserve…...

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References

S.Q. Fatimi, Islam Comes to Malaysia. Malaysian Sociological Research Institute, (MSRI), Singapore. 1963;

EDITH M. LEDERER, Associated Press Writer, U.N. Development Fund for Women protests stoning sentence against Nigerian woman., AP Worldstream, 08-28-2002.

Author not available, Mexico's president to fight death penalty in Nigeria., AP Worldstream, 08-28-2002.

D'ARCY DORAN, Associated Press Writer, Nigerian government 'totally opposed' to death by stoning sentence., AP Worldstream, 08-22-2002

Human rights are the activities, freedoms and conditions that all human are entitle to enjoy, and these rights include economic, political, cultural and social rights. Putting differently, human rights are inalienable, inherent, indivisible and interdependent, which cannot be taken away, must be respected, and which the governments are to put in places the instrument to regulate laws and policies for human rights protection. Similarly, international human rights are the set of rules that guide the conducts of state's behaviors. Globally, countries enter into treaties to guarantee certain rights and refrain from violating these rights within their jurisdictions. (IJRC, 2016). The historical facts of human rights started from the declaration of universal human right rights in 1948, and the expressions are referred as aggregate rights of humans. The UDHR ("Universal Declaration of Human Rights") (IJRC 2016 p 1) was ratified by 48 countries with some Muslim countries such as Iran, Iraq,…...

If all people followed these teachings, many of the social evils in the society such as stealing from each other, killing, mugging, rape, revenge, jealousy, etc. Molloy, 2009.
Therefore, religion is extremely important since it guides our day-to-day lives. eligion is also an important source of law as evidenced in sharia law and Canon law which is commonly used in the determination of cases and also in development of Public law.

One important thing that should be kept in mind is that every person is different and that they give varying relevance to religion. The importance of religion can be evaluated in how a person lives their life. As always, the actions of the individual should be evaluated and not their words. As the old English adage goes, "actions speak louder than words."

eferences

Flood, G. (2012). The Importance of eligion: Meaning and Action in Our Strange World. New York, NY: John Wiley…...

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References

Flood, G. (2012). The Importance of Religion: Meaning and Action in Our Strange World. New York, NY: John Wiley & Sons.

Hyman, C., & Handal, P.J. (2006). Definitions and Evaluation of Religion and Spirituality Items by Religious Professionals: A Pilot Study. Journal of Religion and Health, 45(2), 264-282.

Iii, N.J.D. (2002). A Sinner among the Saints: Confessions of a Sociologist of Culture and Religion. Sociological Forum, 17(1), 1-19.

Marks, L. (2006). Religion and Family Relational Health: An Overview and Conceptual Model. Journal of Religion and Health, 45(4), 603-618.

(Steward, 2008, ¶ 15).
II: BODY (TITLE TO BE DETERMINED)

Introduction

To explore the thesis, introduced at the start of the paper, the writer addresses the question: Do the investment risks that customers of conventional banks and financial houses may experience differ from those customers of sharia compliant financial institutions may encounter? During this segment of the research paper, the writer relates relevant information to Investing (Including Risks)

Investments

Contemporary Considerations

Investing (Including Risks)

Investments

Sukuk depict one type of bonds that meet the sharia requirement that interest cannot be charged or received. Sukuk often work so that those who hold them as investments are entitled to a share of the profits of the company that issued the sukuk.

Contemporary Considerations

III. CONCLUSION

A. Analytical summary

1. Investing (Including Risks)

2. Investments

3. Contemporary Considerations

B. Thesis reworded

C. Concluding statement

REFERENCES

Adam, N.J. & Thomas, A. (2004). Islamic bonds: Your guide to issuing, structuring and investing in sukuk. London, United Kingdom: Euromoney Books.

Bennett, D. (2007). The…...

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Wecker, M.. (2010). The promise of Islamic banking and finance. The Arab-American News

Retrieved September 28, 2010 from HighBeam Research:

 http://www.highbeam.com/doc/1P3-1961427951.html

Islamic finance literature reviews interpret Bay Bithaman Ajil transactions as a form of Islamic financing that involves deferred payments with a pre-agreed profit margin. Bay Bithaman Ajil transactions are commonly used in Islamic banking and finance to provide financial solutions that comply with Islamic principles and Sharia law. This literature review aims to provide an overview of how Bay Bithaman Ajil transactions are perceived and analyzed in Islamic finance literature. One of the key aspects of Bay Bithaman Ajil transactions is the deferred payment structure, where the buyer purchases an asset from the seller at a pre-agreed price payable in....