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International Business Law COmparative between Unidroit principles and Al-Majala - Essay Example

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International Business Law Comparative between Unidroit principles and Islamic Law in the Al-Majala Instructor name: Unit Name Date Introduction The Jurisprudence of Islamic science contains a number of principles in divine legislature in reference to human affairs…
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International Business Law COmparative between Unidroit principles and Al-Majala
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Download file to see previous pages Man is weak in nature, where he is dependent on industries, clothing, housing, and food for his survival. In short, he is civilized and cannot live like animals, but rather in need of association and co-operation in order to work with fellow human beings to be able to live well (AL-Majalla 1-17). According to AL-Majalla (1-17), each person has the things which he likes and dislikes, and as a result, laws have been established in order to maintain justice and order which regard to, social relations, marriage and mutual help which is civilization in general. The first distribution Islamic Law in the Al-Majala, there is a sector which deals with domestic relations, second deals with civil obligation and the last deals with punishments. In that regard, this paper aims at comparing Business International Law between Unidroit principles and Islamic Law in the Al-Majala. Islamic business laws principles in the Al-Majala requires that any transactions should be conventional of particular transactions. The effects of contracts should also be given meaning and intention of phrases and words, which means that the subject sale of the contract had a right to redeem and pledge. To add to this, certainty is not proved by doubts, and a basic principle that everything remains as original as possible. For example, things should be left as they were, since time immemorial because there was no injury that existed back then. Additionally, liability freedom is an essential principle, and therefore, if an individual destroys another person’s property, as dispute arise in the name of the amount, the testimonial of the person who caused the destruction is heard, and the responsibility of the proof of any sum lies in the property owner, (AL-Majalla 1-17). AL-Majalla (1-17) also claims that Non-existence is an essential principle that applies to each right that comes up. For instance, partnership case of labor and capital, where a dispute comes up whether there is any profit made or not. Normally, the statement of the individual who has the responsibility of labour supply is heard, and the capital owner must have a proof of profits being made, because the main principle is profit non-existence. However, judgment is given in regard to matter that is approved at that time, unless any other proves are provided. Therefore, if the case is proved at that time, a specific item belongs to a person, then the ownership shall be said to be valid unless proven otherwise, which can invalidate the ownership. The Islamic principle in Al-Majala also requires that if there are any upcoming occurrences, they shall be considered as happenings, which happen at the near present. This means that, if any dispute comes up in regard to the time and causes of the event, then such events are referred to the time which is near to the present, unless proven that it relates to some other period. Words are also literally construed, and no attention is paid to any inferences in facts that are obvious claims. This is because, if the text seems to be clear, then there is no need for interpretation. In fact, in Islamic law, matter which has been contrary proved as analogy, which is legal, are not termed as analogy ways in regard to other matters. This means that legal interpretations do not destroy each other. Difficulties cause facility, and therefore, in case of any hardships there must be considerations. This can well be explained by ...Download file to see next pagesRead More
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