Shari'ah and Common Law

Harmonisation of law, a term that refers to the bringing together of two different legal traditions, has developed a negative connotation when considered in the context of Shari'ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge.

One of the principal findings of this book is that Shari'ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari'ah and common law, which undoubtedly exist as evidenced in this book, are viewed with an appreciation of the commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process.

This book is intended to help readers better understand Shari'ah and common law and aid harmonisation efforts when the need arises.

Auteur

Adnan Trakic is an Associate Professor and Head of Business Law and Taxation Department at the School of Business, Monash University Malaysia. He graduated with a LLB (Hons)), Master of Comparative Laws (MCL), Doctor of Philosophy (Ph.D.) from the International Islamic University Malaysia (IIUM), and Graduate Certificate in Higher Education (GCHE) from Monash University. He has taught and researched in the fields of conventional and Islamic finance law, business law, and dispute resolution. A co-author of several books, his published work extends to many articles, book chapters, and other contributions.