Earlier articles

All 47 articles

Aleem v. Aleem: recognition, public policy and property

The Maryland opinion in Aleem v. Aleem, filed on 6 May 2008, recounts proceedings that began with Farah Aleem’s divorce action. While the Maryland case was pending, Irfan Aleem executed a divorce document at the Pakistan Embassy in Washington. The judgment examines the effect he sought for that act within the domestic proceedings.

The sequence is central. It identifies the court already dealing with the parties and the property issues at stake. A case summary that begins and ends with a religious term omits the procedural setting that gave the recognition question its practical consequences.

Dallah: who agreed to arbitrate?

Dallah v. Ministry of Religious Affairs, Government of Pakistan reached the United Kingdom Supreme Court as a dispute about enforcing an arbitral award. The judgment was delivered on 3 November 2010. A central question concerned whether the government was bound by the arbitration agreement, although the agreement had been made with a trust.

The Supreme Court dismissed the appeal. Its treatment of jurisdiction is important to the case’s place in arbitration scholarship. A tribunal’s conclusion about its own authority and an enforcing court’s examination of that authority are distinct parts of the procedural history.

What IFSB-10 meant by a governance system

IFSB-10, issued in December 2009, concerns Shariah governance systems for institutions offering Islamic financial services. It is a historical standard within the Islamic Financial Services Board’s collection. The term governance directs attention to institutional responsibilities and procedures, rather than only to the conclusion reached about a financial product.

The IFSB’s 2020 implementation report describes the standard’s concern with competence, independence, confidentiality and consistency, as well as audit and review. Those categories give a researcher several different subjects to investigate. The qualifications of a board member, the handling of disagreement and the operation of review are related, but they are not the same inquiry.

The asset in infrastructure finance

The World Bank’s introduction to asset recycling through Islamic finance discusses arrangements involving income-producing infrastructure and lease-based structures. Its examples include sale-and-leaseback, layered leasing and lease-related sukuk. They provide a specific setting in which to study familiar financial terminology.

The asset should remain visible in the explanation. Identify what is being used, which party holds which interest and the period to which that interest relates. A description that shows only money moving between a financier and an operator can conceal the legal relationships that distinguish one arrangement from another.

Islamic finance in the IMF’s 2015 overview

Mumtaz Hussain, Asghar Shahmoradi and Rima Turk’s An Overview of Islamic Finance, IMF Working Paper WP/15/120, appeared in May 2015. It examines a financial sector through instruments and institutional questions, including regulation and policy. It is a useful contrast to an account organized solely around the name of a contract.

The paper’s date is part of its evidence. Market descriptions, examples and assessments drawn from 2015 cannot be carried forward as present-day figures without new sources. Its analytical categories can still support a historical reading of how institutions framed the sector and the problems they sought to address.

The Cairo Genizah and the history of legal transactions

The Cairo Genizah preserves a remarkable range of writings associated with Jewish communities, including documentary material as well as literary and religious texts. Cambridge’s collection-based account introduces legal documents and other records that help reconstruct relationships in medieval society. Their survival is connected to the history of a particular collection.

For an Islamic-law reading list, the collection offers a comparative and regional perspective. That relevance does not turn every Genizah document into an Islamic legal instrument. Its language, the community involved, the issuing institution and the form of the transaction must be identified on their own evidence.

FIHRIST: Arabic script is not a subject category

FIHRIST is a union catalogue for manuscripts in Arabic script. Birmingham’s institutional introduction explains its role in bringing searchable descriptions from major United Kingdom collections together. The common interface allows a reader to look beyond the boundaries of a single holding library.

Arabic script is the relevant organizing description. It does not mean that every work is in Arabic, that every manuscript is a legal work or that every item has the same religious setting. A search result needs its own language, subject and physical description before it can enter a legal-historical argument.

Princeton’s Islamic manuscripts and the history of a collection

Princeton’s Manuscripts of the Islamic World presents digitized selections from its manuscript collections. The collection description links their beginnings to the manuscripts collected and donated by Robert Garrett. The images available online are a selection from the holdings, rather than a complete substitute for them.

A 2005 institutional account describes a programme to make manuscripts more accessible through cataloguing and digitization. It identifies a broad range of subjects, including law and jurisprudence alongside literature, science and other fields. That breadth is useful context for a legal historian searching the collection.