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9789041102164 Academic Inspection Copy

The Law of Business Contracts in the Arab Middle East

A theoretical and practical comparative analysis (with particular reference to modern legislation)
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This book is a basic treatise for those practising and arbitrating in the legal and commercial aspects of business in Middle East Countries. It examines the influence of traditional Islamic law on modern legislation as it affects trade, contracting, banking and financial operations. This book is highly topical and serves the needs of academics, of legal practitioners and of contractors.
Nayla Comair-Obeid has a Doctor of Law degree from the Sorbonne in Paris and is a specialist in Islamic business law. She is an attorney at law in practice at the Bar of Beirut, Lebanon and is engaged in counselling and arbitration. Through her practical experience as a lawyer and her mastery of Arabic, French and English, as well as her profound knowledge of civil and commercial legislation of the countries in the Muslim world, she has succeeded in presenting the reader with a sharp analysis of the Islamic business and a description of its role in the commercial activity of the modern Arab world.
Introduction Part One: The Classical Contractual Islamic System 1. The Moral Order, Obstacle to Contractual Liberty 2. The Moral Order as an Instrument for the Protection of the Autonomy of the Will Part Two: The Moral Rule of Islamic Law in the Procedures of Legal Business Matters 1. The Adoption by Present-Day Muslim Countries of Western-Style Legal Procedures 2. The Divergence between the Demands of the Islamic Moral Order and Legal Procedures in Business: The Application of the Prohibition of Riba in Practice Conclusion Glossary Bibliography
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