Cultural considerations in will-making in Australia: A case study of Islamic or Sharia-compliant wills

This article explores the influence of cultural and religious beliefs and laws on how individuals make decisions about asset distribution through wills, drawing on a case study of Islamic will makers. Findings highlight diversity in beliefs and practices within Australian Islamic communities. When drafting a will people from culturally diverse backgrounds need to accommodate their religious and cultural values and local law. Implications of research findings for legal policy and practice in Australia are discussed.

Secularism, Sharia, and the Turkish Financial Markets

The financial markets in Turkey provide a laboratory to help resolve these competing views. Islamic law or Sharia contains a number of proscriptions that directly affect financial practices. The payment and receipt of interest is prohibited; so are most kinds of commercial insurance. These interpretations provided the impetus in the Islamic world for the creation of a class of banks that sought to offer Sharia compliant services. The first Islamic Banks in Turkey began operations in the 1980s. Their entry was initially tepid, in no small part because of secularist principles. Islamic financial institutions could not overtly advertise their religious orientation. The country had no “Islamic” banks, only finance houses. They were not Sharia compliant but “interest-free.” Moreover, the government left them in an uncertain regulatory status and subjected them to restrictions on growth. In this environment, the Islamic banks remained a peripheral part of the financial system. With the election of the AKP in 2002, however, the environment for Islamic banks in Turkey changed. Limitations on branch networks and capital raising were lifted. The government removed restrictions on the issuance of Sharia compliant bonds. Officials from the Islamic banks were appointed to the highest levels of government. This Article does several things. First, it examines principles of Islam that affect banking practices, with a particular emphasis on deposit insurance and credit cards. Second, the Article discusses the emergence of secularism in Turkey and the introduction of Islamic banks into the Turkish financial markets. The Article then examine their evolution, with particular emphasis on the changes implemented by the AKP. Finally, the Article examines the impact of these reforms, and what that impact says about Islamic influence in Turkey.

Translations of the Ottoman constitutional laws: the Wilayet Administrative Law, the Municipal Law and various other laws

Ottoman constitutional law of the 7th Dhil Hujjah, 1293 AH [December 24, 1876 AD] as amended. -- Regulations of the Chamber of deputies. -- Regulations of the Senate. -- Provisional law of administration of wilayets of the 13th March, 1329 AH [March 26, 1913 AD] as amended. -- Municipal law of the 27th Ramadhan, 1294 AH [October 5, 1877 AD] as amended. -- Law regulating chambers of commerce and industry, dated the 31st May, 1326 AH [June 13, 1910 AD]. -- Provisional law of expropriation on behalf of municipalities dated the 21st Kanun Thani, 1329 AH [February 3, 1914 AD]. -- Regulations of expropriation for public purposes, dated the 24th Tashrin Thani, 1295 AH [December 6, 1879 AD] as amended. -- The Press law of the 16th Tamuz, 1325 AH [July 29, 1910 AD] as amended.

Kânûnnâme-yi cedide fî-mâ yete'allak bi'l-arâzî : manuscript, undated

New land regulations and various taxes records.

The Mahomedan law of succession to the property of intestates: in Arabick, engraved on copper plates from an ancient manuscript

with a verbal translation and explanatory notes by William Jones.

Ḥāshiyat Qarah Kamāl ʻalá Ṣadr al-Sharīʻah : manuscript, undated

Written in one column, from 17 to 23 lines per page, in black rubricated in red.

Majmūʻah : manuscript, 1694-1716

A collection of more than 80 short treatises by various authors on various topics as well as numerous excerpts from different sources.

Mecmua : manuscript, undated

1. Turkish letter samples (ff. 1v-10v) -- 2. Risālah fī bayān ḥurmat shurb dukhān al-tunbāk / Mawlānā ʻAbd al-Nāfiʻ (ff. 11v-19v) -- 3. Risālah fī lubs al-aḥmar al-baḥt / Shaykh Qāsim (ff. 20v-21v) -- 4. Excerpt from Ibn al-ʻArabī (ff. 23v-24r) -- 5. Excerpt from Ayyuhā al-walad of al-Ghazzālī (ff. 26v-28r) -- 6. Excerpt from Kitāb Laṭāʼif al-adabīyah (ff. 30r-32r) -- 7. Şerh-i Hilyeti'n-Nebî (ff. 33r-35v) -- 8. Sharḥ Jannat al-asmāʼ wa-al-āyāt Allāh [sic] (ff. 35v-38v) -- 9. Fetvâlar (ff. 39v-96v) -- 10. ??? (ff. 98r-103v) -- 11. Persian and Turkish poems (ff. 104r-133r) -- 12. Manzume-i Nidâî Kaysûnîzâde (ff. 134v-157v) -- 13. Excerpts, hadiths and fatwas (ff. 158r-162r) -- Mā jāʼa fī ṭarīq al-taṣawwuf wa-arkānihi (ff. 162v-164v).

Behcet ül-fetava maan-nükul

[Abdullah Yenişehirli].

Principles of Muhammadan law : an essay at a complete statement of the personal law applicable to Muslims in British India /

Includes bibliographical references and index.

Rehber-i talibin-i Mecelle /

Turkish in Arabic script.

Mecelle-yi ahkâm-i adliyeden ḳavâid-i küllîye-yi fiḳhiyenin îzâḥı /

Vol. 3-5, 8 published by: İstanbul : Maṭbaa-yi Ḫayriye ve şürekâsı.

Mahommedan law : compiled from the authorities in the original Arabic /

At head of title, v. 2: Personal law of the Mahommedans

Al-Qaeda and the Islamic State: A comparative study of the Jihadi narratives

Thesis (Master's)--University of Washington, 2016-06

Religious compliance in Islamic financial institutions

The central goal of this research is to explore the approach of the Islamic banking industry in defining and implementing religious compliance at regulatory, institutional, and individual level within the Islamic Banking and Finance (IBF) industry. It also examines the discrepancies, ambiguities and paradoxes that are exhibited in the individual and institutional behaviour in relation to the infusion and enactment of religious exigencies into compliance processes in IBF. Through the combined lenses of institutional work and a sensemaking perspective, this research portrays the practice of infusion of Islamic law in Islamic banks as being ambiguous and drifting down to the institutional and actor levels. In instances of both well-codified and non-codified regulatory frameworks for Shariah compliance, institutional rules ambiguity, rules interpretation and enactment ambiguities were found to be prevalent. The individual IBF professionals performed retrospective and prospective actions to adjust the role and rules boundaries both in the case of a Muslim and a non-Muslim country. The sensitizing concept of religious compliance is the primary theoretical contribution of this research and provides a tool to understand the nature of what constitutes Shariah compliance and the dynamics of its implementation. It helps to explain the empirical consequences of the lack of a clear definition of Shariah compliance in the regulatory frameworks and standards available for the industry. It also addresses the calls to have a clear reference on what constitute Shariah compliance in IBF as proposed in previous studies (Hayat, Butter, & Kock, 2013; Maurer, 2003, 2012; Pitluck, 2012). The methodological and theoretical perspective of this research are unique in the use of multi-level analysis and approaches that blend micro and macro perspectives of the research field, to illuminate and provide a more complete picture of religious compliance infusion and enactment in IBF.