Search results for "islamic law"
showing 6 items of 6 documents
Consumer Protection in E-Commerce Transactions: A First Comparison between European Law and Islamic Law
2009
The article compares EU and Islamic law with reference to consumer protection in e-commerce transactions.
Law and Economics in non-Western Legal Systems
2022
The chapter describes the relationship between law and economics in the main non-Western legal systems.
Family reunification: the case of the Muslim migrant children in Europe
2013
Adopting a child is not a legal concept recognized in Islamic law, who however giving a great importance to orphans and children's rights, has introduced the legal institute of the "Kafala". This institute can be defined as a commitment by the "kafil" to ensure maintenance, education and protection of a minor "makfoul" until his legal majority, in the same way as would a father to his son, but without creating any family relationship. For these reasons the “Kafala” can not be compared to an international adoption, which, contrariwise, entails the creation of a parent-child relationship. If, in one side the Kafala is a legal concept recognized by International Law, in particular by the Unite…
Interaction among Customary Law, Islamic Law and Colonial Law during the Italian Administration of Somalia
2020
The chapter discusses the presence of customary law, islamic law and colonial law during the period of Italian administration of Somalia (both colonial and during the trusteeship administration under UN mandate) and the interaction among these normative orders.
Islamic Rites and ceremonies in the Pandemic Emergency between Parallel Legal Orders
2021
The essay investigates how some religious Islamic rules have been accommodated in front ofthe Covid emergency in some European countries and religious communities, highlighting the different and interconnected dimensions involved in this process of accommodation. The author uses the word country, having regard to the state-territorial legal order; and the word religious community, referring to the Islamic rule of law-religion model, based on a personal law conception. In particular, after some conceptual definition on some peculiar issues involved (para. 1), the analysis goes through some rules on funeral rites and ceremonies (para. 2) and on the sacred pilgrimages (para. 3). The conclusive…
Family reunification: the case of the Muslim migrant children in Europe
2014
Adopting a child is not a legal concept recognized in Islamic law, which, while giving great importance to orphans and children’s rights, has introduced the legal institution of the Kafala. This institution can be defined as a commitment by the kafil to ensure maintenance, education and protection of a minor makfoul until his legal majority, in the same way as would a father to his son, but without creating any family relationship. For these reasons the Kafala cannot be compared to an international adoption, which, contrariwise, entails the creation of a parent-child relationship. On one side the Kafala is a legal concept recognized by International Law, in particular by the United Nations …