Shari'ah and Common Law: The Challenge of Harmonisation

The term "harmonization of law" has a negative connotation when considered in the context of Shariah and common law due to a lack of understanding of the scope to which these two legal traditions converge. This book argues that Shariah and common law have many more commonalities than differences, and the need for harmonization between the two may have been exaggerated. The book is intended to help readers better understand Shariah and common law and aid harmonization efforts when the need arises.

Format: Paperback / softback
Length: 288 pages
Publication date: 24 October 2022
Publisher: De Gruyter

The concept of harmonization of law, which involves the integration of two distinct legal systems, has acquired a somewhat negative connotation when applied to the realm of Shariah and common law. This perception arises primarily from a lack of comprehension regarding the extent to which these two legal traditions converge.

One of the central conclusions reached in this book is that Shariah and common law share numerous commonalities, far outweighing their differences. Consequently, the perceived necessity for harmonization between the two may have been overstated. It is important to recognize and appreciate these similarities rather than attempting to harmonize them. By viewing the differences between Shariah and common law in the context of their shared characteristics, the environment for reconciling these differences becomes more conducive to the harmonization process.

The primary objective of this book is to enhance the understanding of Shariah and common law among readers, thereby facilitating harmonization efforts whenever such a need arises. By delving into the intricacies and complexities of these two legal systems, this book aims to provide a comprehensive and insightful exploration of their similarities and differences. It seeks to dispel misconceptions and promote a deeper appreciation of the common ground that exists between them.

Through its comprehensive analysis and comprehensive approach, this book aims to serve as a valuable resource for legal professionals, scholars, policymakers, and individuals interested in understanding and navigating the complex interplay between Shariah and common law. It provides a foundation for promoting dialogue, fostering collaboration, and advancing the harmonization of laws in a diverse and multicultural society.

Weight: 492g
Dimension: 240 x 170 (mm)
ISBN-13: 9783110766684