Religion and Contract Law in Islam: From Medieval Trade to Global Finance

ISBN-13: 9781138504042 / Angielski

Valentino Cattelan

Opis

What is a contract in Islam? Is it an aspect of Muslim religion or of secular life? How much has it changed over the centuries? Undertaking a search that spans revelation, legal tradition, and the reality of the Muslim world, this book explores the Islamic contract (‘aqd　in Arabic) as a ‘city’ at the crossroads of convergent paths of translation, comparison, and law in context.

In particular, the book shows that only by re-orienting traditional categories of Western law-religion towards the East can an alternative path of discovery for the　‘aqd be advanced. Hence, through a fortuitous encounter with an　Arab Girl, the reader will (re-)visit the Temple of Western modernity and explore a city ruled by Towers of dialectical forces, carrying a hermeneutical Ring that combines dialectics, Islamic studies, and media theory. This interdisciplinary approach will not only enrich our knowledge of the　‘aqd　but also make it more understandable as a cultural and social construction to which both Muslims and non-Muslims have participated in forging its multiple representations. By inviting the readers ‘to know who they are’ while　looking　at　her, the　Arab Girl　is already waiting for us to　listen　to　the Islamic contract in a new way.

By applying a distinctive law and religion approach to the study of the contract in Islam, the book provides a comprehensive exploration of a topic that is of interest to legal and economic historians and comparatists, but also of topical meaning for international lawyers and the operators of an increasingly multicultural market.

Spis treści

Figures and diagrams

Preface

Acknowledgements

Introduction: ways of seeing an Arab Girl

1. Expelling the merchants from the Temple: methodology and the contents of this book

2. The revealed Word in translation: the space of law and religion in Islam

3. Comparing legal traditions: contract law and Muslim fiqh

4. Realities of the Muslim world: changing contexts over time

Conclusions: ways of saying the ‘aqd

Glossary of Arabic terms

Index

O autorze

Dr Valentino Cattelan is Lecturer in Law at Birmingham City University, where he teaches contract law, EU law, and Islamic business law. He is specialised in comparative law and has published widely on aspects of Islamic law, economics, and finance.