Political-Legal Environment

Nestorović, Čedomir

doi:10.1007/978-3-319-32754-9_4

Čedomir Nestorović²

Part of the book series: Management for Professionals ((MANAGPROF))

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Abstract

Political and legal environments focus on the possibility for a company to easily enter or not a given country or will the company face political and legal barriers. The main example of a political barrier is the boycott of one company or one county as it is the case with the Arab League boycott of Israel forcing companies to choose will they serve the Israeli market or Arab League members markets. The other type of boycott is non-official but its impact might be as impactful as the official boycott when a great number of organizations in the Muslim world boycotted Danish companies because of the cartoons depicting Prophet Muhammad. The legal environment addresses the necessity to use or not the Sharia Law (strong or low implementation in Muslim countries and various forms of accommodation with positive law in other countries) and the issue of standardization and certification. For two industries at least (Islamic Finance and Halal Food) the harmonization of standards and mutual acceptance of certification bodies is a prerequisite for market expansion.

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Notes

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Ummah is an Arabic term meaning community or nation. In the context of Islam it is used to mean the community of believers (ummat al-mu/minin), and thus, the whole Islamic world. Source: Abdelfattah Amor, ‘La notion d`Umma dans les constitutions des Etats arabes’ in Arabica, Vol. 30, N°3, (1983), pp. 267–289
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20.
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21.
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22.
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23.
Da’wa – literally ‘preaching, call, propaganda’, and in fact religious or cultural indoctrination, using any interpersonal communication means in order to convert people to Islam. The concept is close to proselytization. It is a personal obligation and Muslims have very different ways how to do it. One of them is art as in the case of theatre practitioners who set up a play inviting women of all faiths to discover Islam. See ‘Stories from the Quran for ladies only’, The Straits Times, 19^th March, 2013
24.
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29.
Saudi cleric and former Saudi diplomat in the US Muhammad Al Mujanid has declared jihad against Mickey Mouse and Jerry in Tom & Jerry. He does not attack Mickey Mouse from the animist perspective but says that mice are impure, evil and soldiers of Satan. See the video at youtube: https://www.youtube.com/watch?v=j7IpMIhR6Yg
30.
Abdelazziz ben Abdallah al-Cheikh, the Mufti of Saudi Arabia issued a fatwa against Pokemon in 2001. See ‘Fatwa contre les Pokémon’, Libération, 30 March 2001
31.
The web forum Multaqa Ahl Al-Hadeeth issued a fatwa against emoticons because of its imitations of Allah’s creatures. Here is the website of the Forum: http://www.ahlalhdeeth.com
32.
Hinduism is hard to define because it has also some pantheistic features (universe identified with divinity).
33.
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34.
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35.
An easy way to notice the survival of pre-Islamic traditions is the name-giving process in various Islamic countries. In Iran, it is interesting to notice that even after the Islamic revolution, population keeps on in giving Persian names to their children. See Nader Habibi, ‘Popularity of Islamic and Persian Names in Iran before and after the Islamic Revolution’, International Journal of Middle East Studies, Vol. 24, No. 2 (May, 1992), pp. 253–260
36.
There is quite a revival or Aramaic, especially among the Syriac diaspora members all over the world. See ‘An outspot of Aramaic speakers’ in Economist, 3^rd November 2012, pp. 52–54
37.
The recitation of the Qur’an has given birth to a new genre called Fada’il al-Qur’an. See Asma Asfaruddin ‘The Excellences of the Qur’an: Textual Sacrality and the Organization of the Early Islamic Society’, Journal of the American Oriental Society, Vol. 122, N°1 (Jan.-Mar. 2002), pp 1–24
38.
A part on orthopraxy in Islam is included in James Toth, ‘Islamism in Southern Egypt: A Case Study of a Radical Religious Movement’, International Journal of Middle East Studies, Vol. 35, No. 4 (Nov., 2003), pp. 547–572
39.
From the Protestant Reformation point of view, a good Christian believes in Sola scriptura (Scriptures alone), Sola Fide (Faith alone), Sola Gratia (Grace alone), Solus Christus (Christ alone), Soli Deo Gloria (glory to God alone). The first three solae, which are the most important ones, clearly refer to orthodoxy and not to orthopraxy.
40.
Mark J. Barela, ‘United Colors of Benetton: From Sweaters to Success: An Examination of the Triumphs and Controversies of a Multinational Clothing Company’, Journal of International Marketing, Vol. 11, No. 4 (Win. 2003), pp. 113–128
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42.
For a detailed account of PEST analysis see: www. pestleanalysis.com
43.
The term Ummah has several understandings especially if we refer to the period before or after the advent of Islam. In this part we will refer to Ummah as defined in the ‘Constitution of Medina’ explained by Frederick Denny, ‘Ummah in the Constitution of Medina’, Journal of Near Eastern Studies, Vol. 36, No. 1 (Jan., 1977), pp. 39–47
44.
Hew Wai Weng, ‘Beyond “Chinese Diaspora” and “Islamic Ummah”: Various Transnational Connections and Local Negotiations of Chinese Muslim Identities in Indonesia’, SOJOURN: Journal of Social Issues in Southeast Asia, Vol. 29, N° 3 (Nov. 2014), pp. 627–656
45.
‘The Online Ummah’, The Economist, 18^th August, 2012
46.
Olivier Roy, ‘Headquarters of Terrorists Is Virtual Ummah’, NPQ: New Perspectives Quarterly, Vol. 27, N°2 (Spr. 2010), pp. 42–44
47.
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48.
Zillur Khan, ‘Islam and Bengali Nationalism’, in Asian Survey, Vol. 25, N°8 (Aug. 1985), pp. 834–851, and Balraj Puri,’Mohammad Iqbal and the Universe of Muslim Identities’, Economic and Political Weekly, Vol. 16, No. 8 (Feb. 1981), pp. 286–290
49.
In at least two Western countries (Singapore and Mauritius) Muslims enjoy a constitutive element of society, based on racial harmony in Singapore and ‘ancestral culture in Mauritius’, so marketers targeting them specifically would not face any political problem. On Mauritius see: Patrick Eisenlohr, ‘The Politics of Diaspora and the Morality of Secularism: Muslim Identities and Islamic Authority in Mauritius’ in The Journal of the Royal Anthropological Institute, Vol. 12, No. 2 (Jun., 2006), pp. 395–412
50.
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51.
Mehdi Hasan ‘How Islamic is Islamic State?’ in New Statesman, 6 March, 2015, pp. 26–33
52.
Saudi Arabia is active today for many reasons, one of them being the fact that it has means (incomes) for a more assertive role in multilateral and bilateral relationship. See: Madawi Al-Rashid, ‘Kingdom Without Borders: Saudi Political Religious and Media Frontiers’, Columbia University Press, 2008, 303 pages
53.
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59.
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60.
As part of da’wa activities in the Emirates, Tabah Foundation from Abu Dhabi signed and agreement in 2013 with Ma’din Academy in Kerala (India) for the promotion of Islam in the southern part of India. No such agreement has been signed by any entity from Dubai.
61.
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62.
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66.
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69.
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74.
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75.
Nadeem F. Paracha ‘Islamic Socialism, a History from Left to Right’ on www.dawn.com published on Feb 21, 2013 gives a good account of the various socialist attempts in Muslim countries in Asia, Middle East and Africa and Noor O’Neill Borbieva, ‘Empowering Muslim Women: Independent Religious Fellowships in the Kyrgyz Republic’ in Slavic Review, Vol. 71, No. 2 (Sum. 2012), pp. 288–307
76.
James G. Mellon ‘Islam and Nationalism in the Formerly Soviet Central Asian Republics’ in The Journal of Conflict Studies Vol 25 N°2 (Win. 2005), pp. 129–149
77.
http://www.hafex-china.com
78.
http://www.halalexpo.org
79.
‘Darren Aronofsky's Noah faces ban in Muslim countries’, The Guardian, 7^th March, 2014
80.
Article 23: ‘No one shall be compelled to worship, or to participate in religious ceremonies and rites, to reveal religious beliefs and convictions, or be blamed or accused because of his religious beliefs and convictions.’ Source: Constitution of Turkey, 1982
81.
‘Turkish Parliament adopts alcohol restriction, bans sales between 10 pm and 6 am’, Hurryet Daily News, 24^th May, 2013 and ‘Alcohol law stirs up Turkish way of life’, The Financial Times, 30^th May 2013
82.
‘A Sobering Future for Liquor Markets in Turkey’ in Business Week, 24^th June 2013
83.
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84.
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85.
Nancy Turck, ‘The Arab Boycott of Israel’, Foreign Affairs, Vol. 55, N°3 (Apr. 1977), pp. 472–493
86.
Leor Halevi, ‘The Consumer Jihad: Boycott Fatwas and Nonviolent Resistance on the World Wide Web’, International Journal of Middle East Studies, Vol. 44, No.1 (Feb. 2012), pp. 45–70
87.
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88.
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89.
‘Iran is (almost) open for business’, Newsweek Global, 8 May 2015, pp. 12–15
90.
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91.
http://www.vtjp.org/icecream/campaign_news.php
92.
The Export Administration Act of 1969 declares that it is U.S. policy to oppose boycotts imposed by foreign countries against countries friendly to the U.S., and empowers the President in certain cases to prohibit or curtail exports by firms that participate in them. In addition, particular aspects of the boycott—especially those that result in discrimination against American citizens or companies—are barred by Federal civil-rights law and a number of other Federal laws and regulations.
93.
Martin Weiss, ‘Arab League Boycott of Israel’, Congressional Research Service, Washington, June 10, 2015 accessible on http://www.fas.org/sgp/crs/mideast/RL33961.pdf
94.
http://www.bdsmovement.net/2015/bds-marks-another-victory-as-veolia-sells-off-all-israeli-operations-13,270
95.
‘Veolia withdraws from waste authority bid’, www.TheJC.com , Dec 21, 2012
96.
www.bdsmovement.net
97.
‘Steven Spielberg was target of Arab League boycott, WikiLeaks cable shows’, The Guardian, 17^th December 2010
98.
For a detailed account of Saudi boycott of Israel see the webpage of the Saudi Ministry of Commerce and Industry under the section Israel Boycott Rule: http://www.mci.gov.sa/en/LawsRegulations/SystemsAndRegulations/ProvinceIsraelSystem/Pages/28-2.aspx
99.
‘Made in Israel, sold in Saudi Arabia’, Jerusalem Post, 21 March 2008 and ‘The Badly Kept Secret of Israel’s Trade Throughout the Muslim World’, Haaretz, January 19, 2012
100.
Details about alleged compliance with the Arab Boycott of Israel are recounted by Michael Bar-Zohar in his controversial book, Bitter Scent, Dutton Adult Publishers, 1996, 272 pages
101.
The Office of Anti-Boycott Compliance is part of the US Department of Commerce Bureau of Industry and Security and can be reached at: https://www.bis.doc.gov/index.php/enforcement/oac
102.
Gil Feiler, From Boycott to Economic Cooperation, The Political Economy of the Arab Boycott of Israel, Routledge, New York, 2011, 325 pages
103.
‘Garnier menacé de boycott après un prétendu geste de soutien à Israël’, Le Figaro, August 7, 2014
104.
‘For Danish firms, boycott in the Mideast is a ‘Nightmare’, The Washington Post, February 11, 2006
105.
Marcus Pillmayer and Nicolai Sherie, ‘The Tourism Industry and the Process of Internationalization in the Middle East: The Example of Jordan’ in International Journal of Tourism Research, Vol. 16, N°4 (Jul/Aug 2014), pp. 329–339
106.
James Muldoon, Canon Law, the Expansion of Europe, and World Order, Aldershot and Brookfield, Ashgate, 1998, 300 pages
107.
An interesting account on hierarchy in Islam and Islamic clerics can be found on the website Facts and Details: http://factsanddetails.com/world/cat55/sub358/item1448.html
108.
One of the very few books talking about the Day of Judgment in Islam is Samuel Shahid’s, The Last Trumpet, A Comparative Study in Christian-Islamic Eschatology, Xulon Press, 2005, 308 pages
109.
Shubert Spero, Morality, Halakha and the Jewish Tradition, Ktav Pub Inc, 1983, 381 pages
110.
Ben-Zion Rosenfeld and Joseph Menirav, ‘The Ancient Synagogue as an Economic Center’, Journal of Near Eastern Studies, Vol. 58, No. 4 (Oct., 1999), pp. 259–276; Moses Pava, ‘Developing a Religiously Grounded Business Ethics: A Jewish Perspective’, Business Ethics Quarterly, Vol. 8, No. 1 (Jan., 1998), pp. 65–83
111.
“To each among you, we have prescribed a law and a clear way. (Qur 'an 5:48)
112.
Joseph Lowry, ‘The First Islamic Legal Theory: Ibn al-Muqaffaʿ on Interpretation, Authority, and the Structure of the Law’, Journal of the American Oriental Society, Vol. 128, No. 1 (Jan. - Mar., 2008), pp. 25–40
113.
http://www.pewforum.org/files/2013/04/worlds-muslims-religion-politics-society-full-report.pdf
114.
‘The all-time most popular books in the world revealed’, 9 December 2014 available at: http://www.stylist.co.uk/books/the-all-time-most-popular-books-in-the-world-revealed
115.
‘The Bible v the Koran, The Battle of the Books’, The Economist, December 19, 2007
116.
‘264 m copies of Qur’an distributed’, Arab News, September 5, 2013
117.
Travis Zadeh, ‘Touching and Ingesting: Early Debates over the Material Qur'an’, Journal of the American Oriental Society, Vol. 129, No. 3 (Jul.-Sep. 2009), pp. 443–466 and John Burton, The Collection of the Qur’an, Cambridge University Press, 1979, 284 pages
118.
See the pictures of the Qur’an distribution in Paris on http://journaldumusulman.fr/photos-journee-de-distribution-dexemplaires-du-saint-coran-en-plein-paris/ and the article ‘Quand des Salafistes distribuent le Koran en plein Paris’, Le Figaro, January 26, 2015
119.
‘Backlash over Qur’an distribution in Germany’, The National, April 16, 2012
120.
http://www.usc.edu/org/cmje/religious-texts/quran/
121.
‘Dubai Holy Quran award to feature 22 lectures’, The National, 25^th June, 2014 and www.quran.gov.ae
122.
On relationship between Islam and Intellectual property see Bashar Malkawi, ‘The Alliance Between Islamic Law and Intellectual property: Structure and Practice’, University of St Thomas Law Journal, Vol. 10, N°3 (2013), pp. 618–649
123.
Abu Hurairah narrated that Prophet Muhammad said, “When a man dies, his good deeds come to an end except three: ongoing charity, beneficial knowledge, and righteous offspring who will pray for him.” (Al-Muslim)
124.
The six canonical books of Sunna refer to the names of their collectors: Al-Bukhari, Al-Muslim, Al-Nasai, Abu Dawood, Al-Tirmidhi and Ibn Majah
125.
There is a controversy about the actual words of the Prophet in the hadiths. See Jonathan Brown, ‘Did the Prophet Say It or Not? The Literal, Historical, and Effective Truth of Ḥadiths in Early Sunnism’, Journal of the American Oriental Society, Vol. 129, No. 2 (Apr.-Jun. 2009), pp. 259–285 and for the actual words and reported actions and sayings of the Prophet see Sherman Jackson, ‘From Prophetic Actions to Constitutional Theory: A Novel Chapter in Medieval Muslim Jurisprudence’, International Journal of Middle East Studies, Vol. 25, No. 1 (Feb., 1993), pp. 71–90
126.
The narratives of Ali have been collected by Mohammad bin Yaqub al Kulayni, Mohammad ibn Babuya and Mohammad Tusi.
127.
The emergence of women as preachers and life guidance leaders is becoming more and more important as is shown by the example from Morocco in ‘How Morocco’s Islamic Women Preachers are Leading a Social Revolution’, Huffington Post, 19 May 2015. It is part of a large movement for the empowerment of women’s rights and going together with all-female mosques. See ‘First US female-only mosque opens’, The National, 2^nd February, 2015
128.
Valerie J. Hoffman-Ladd, ‘Devotion to the Prophet and His Family in Egyptian Sufism’, International Journal of Middle East Studies, Vol. 24, No. 4 (Nov., 1992), pp. 615–637
129.
Marion Holmes Katz, ‘Women's “Mawlid” Performances in Sanaa and the Construction of “Popular Islam”, International Journal of Middle East Studies, Vol. 40, No. 3 (Aug., 2008), pp. 467–484
130.
The Westernization or Christmastization of Islamic celebrations such as Ramadan are presented in Walter Armbrust, Mass Culture and Modernism in Egypt, Cambridge University Press, 1996, 275 pages
131.
For an account on Mawlid dolls see Patrick Kane, The Politics of Art in Modern Egypt: Aesthetics, Ideology and Nation-Building, I.B. Tauris, London, 2012, 245 pages and Andrea Stanton, ‘Celebrating Muhammad’s Birthday in the Middle East: Supporting or Complicating Muslim identity Projects’ pp. 192–206 in Udo Merkel (ed.), Identity Discourses and Communities in International Events, Festivals and Spectacles, Palgrave Macmillan, London, 2015, 265 pages
132.
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133.
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134.
See Islamic Business Research Center on: http://www.kantakji.com/markets/islamic-banking-special-supplement-shariah-governance-a-challenge-to-islamic-banking.aspx
135.
Wael Hallaq, ‘On the Authoritativeness of Sunni Consensus’, International Journal of Middle East Studies, Vol. 18, No. 4 (Nov., 1986), pp. 427–454
136.
George Hourani, Reason and Tradition in Islamic Ethics, Cambridge University Press, 1985, 200 pages and hadith narrated by al-Tirmidhi (4:2167), ibn Majah (2:1303), Abu Dawood, and others with slightly different wordings.
137.
Wael Hallaq, ‘Was the Gate of Ijtihad Closed?’, International Journal of Middle East Studies, Vol. 16, No. 1 (Mar., 1984), pp. 3–41
138.
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139.
Anthony Armitage, Steve Lauer and Caroline Poynton, ‘A Corporate Counsel’s Guide to Law Firm Panel Selection and Management’, Worldwide Legal Research available on www.legal-monitor.com Even if the guide centres on panel selection and management, it gives a comprehensive view how to select and manage a law firm from the business perspective.
140.
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142.
Ahmed Ameur Ameur, ‘The Lifestyle Halal in European Marketing’, Review of Economics and Finance, N°2 (2011), pp. 83–90; Samir Abuznaid, ‘Islam and Management: What Can Be Learned’, Thunderbird International Business Review, Vol. 48, N°1 (Jan-Feb 2006), pp. 125–139
143.
‘Chinese county draws Arab traders’, The Straits Times, 7^th October 2012
144.
An analysis of the Qibla Cola launching is given in Siew Leong, Joseph Cote, Swee Ang, Soo Tan, Kwon Jung, Ah Keng Kau and Chanthika Pornpitakpan, ‘Understanding Consumer Animosity in an International Crisis: Nature, Antecedents, and Consequences’, Journal of International Business Studies, Vol. 39, No. 6 (Sep., 2008), pp. 996–1009
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‘Al-Quds Jeans’ Divide Austrian Muslims’, Turkish Weekly, 24^th April, 2006
146.
‘For some it’s a moment of prayer. South Asian Muslim workers use holiday to visit Little India mosque’, The New Paper, 1^st February, 2014
147.
See the section on zakat, taxes and public finance by Volker Neinhaus in Sohrab Behdad and Harhad Nomani eds. Islam and the Everyday World: Public Policy Dilemmas, Routledge Political Economy of the Middle East and North Africa Series, vol. 4, London and New York, 2006, 204 pages; and Jonathan Benthall, ‘Financial Worship: The Quranic Injunction to Almsgiving’, The Journal of the Royal Anthropological Institute, Vol. 5, No. 1 (Mar., 1999), pp. 27–42
148.
For the Shia approach towards business see how Islam encourages business on the Imam Reza webpage: http://www.imamreza.net/eng/imamreza.php?id = 3264
149.
An account of the mechanism of ushr in Pakistan is given by Timur Kuran, ‘Islamic Economics and Islamic Subeconomy’, The Journal of Economic Perspectives, Vol. 9, No. 4 (Fall, 1995), pp. 155–173
150.
“O, you who believe! Fasting is prescribed for you as it was prescribed to those before you that you may learn self-restraint.” (Qur'an 2:183)
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Nicholas Crafts: “Exogenous or Endogenous Growth? The Industrial revolution reconsidered” in The Journal of Economic History, Vol. 55, N°4 (Dec. 1995), pp. 1–18
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Nicole Koschate-Fischer and Susanne Gartner, ‘Brand Trust: Scale Development and Validation’, Schmalenbach Business Review, Vol. 67, N°2 (Apr. 2015), pp. 171–95
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Jill Hobbs and Ellen Goddard, ‘Consumers and Trust’, Food Policy, Vol. 52 (Apr. 2015), pp. 71–74
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According to the Arab-Brazilian Chamber of Commerce’s annual report from 2013, halal meat exports from Brazil to Arab countries reached over US$ 4 billion, making Brazil the biggest supplier of halal chicken in the world. See Halal Focus “Brazilian Food Exports to Arab countries reach record 17 million tons in 2013”, http://halalfocus.net/brazilian-food-exports-to-arab-countries-reach-record-17-million-tons-in-2013/
163.
In their book “Islamic Banking and Finance: New Perspectives on Profit Sharing and Risk”, 2002, Edward Elgar Publishing, authors Munawar Iqbal and David Llewellyn give an empirical evidence of India where 79 percent of urban Muslims know that interest is not permissible, but 82 percent, including some Shariah scholars, do not know about alternative Islamic financial instruments.
164.
Mohammed Nadwi, “Analysing the role of Shariah Supervisory Boards in Islamic Financial Institutions” (Feb 1, 2012). Available at SSRN: http://ssrn.com/abstract = 2217926 and Hichem Hamza, "Sharia governance in Islamic banks: effectiveness and supervision model", International Journal of Islamic and Middle Eastern Finance and Management, Vol. 6, N°3 (2013), pp.226–237
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Decree 80–791 from October 1^st, 1980 used as a basis for a decision by the State Council on February 28, 1997 forbidding ritual slaughtering outside of authorized abbatoirs.
167.
The rules about the issuance of individual authorizations for ritual slaughtering have been summarized by the French Minister of Agriculture Bruno Le Maire on the 8^th of March, 2012. A copy of the press conference is available on http://agriculture.gouv.fr/IMG/pdf/120308_DP_abattage_rituel_cle072d9d.pdf
168.
The Protocol has been published by the Department of Standards Malaysia and is available on: ftp://law.resource.org/my/ibr/ms.1500.2009.pdf
169.
All information on Halal Malaysia and JAKIM can be found on www.halal.gov.my
170.
ASIDCOM, The French Association of Muslim Consumers, published a survey on the halal certification agencies in 2009 and so far it is the most comprehensive survey on the topic. The survey showed great differences in halal standards and is available at: http://www.asidcom.org/IMG/pdf/Halal_certification_agencies-ASIDCOM_survey.pdf
171.
When the standard was fist launched in 2004, it was the first one in the Muslim world. It was used as a blueprint for many other standards after that. On the development of Malaysian halal standards see Zakiah Samori, Amal Hayati Ishak and Nurul Himmah Kassan ‘Understanding the Development of Halal Food Standard: Suggestions for Further Research’ in International journal of Social Science and Humanity, Vol. 4, N°6, (Nov. 2014), pp 482–486
172.
His speech is available at http://www.bis.org/review/r080429e.pdf
173.
A study by Serden Ozcan shows that one out of 6 branch managers of Islamic banks in Turkey comes directly from the conventional sector. See `Ideology and Illegitimate Transfers in the Market For Managers: Hiring Managers from Conventional Banking for Islamic Banking Branches, 2002–2014` Working Paper presented at National University of Singapore, March 12, 2014.
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174.
In doing so, the members of the SSB, except the case of Malaysia, are usually risk-averse and they tend to follow standards that they believe are common to all schools of fiqh. Abdullah Ayedh; Abdelghani Echchabi, ‘Shari'ah Supervision in the Yemeni Islamic Banks: A Qualitative Survey’, Qualitative Research in Financial Markets, Vol. 7, N°2 (2015) pp. 159–172
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http://www.bnm.gov.my/guidelines/03_dfi/03_prudential/03_gl_governance_of_shariah_committee.pdf
176.
Some Shariah Scholars sit in as much as 85 different SSB. Data given by Murat Unal in ‘The Small World of Islamic Finance’ published by Funds@Work AG in 2011 available at http://www.funds-at-work.com/uploads/media/Sharia-Network_by_Funds_at_Work_AG.pdf_02.pdf
177.
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Anne-Sophie Roald, Woman in Islam: The Western Experience, London, Routledge, 2003, 366 pages
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182.
Jan Michiel Otto, Shariah Incorporated, A Comparative Overview of the Legal Systems of Twelve Muslims Countries in Past and Present, Leuven University Press, 2010, 676 pages. The schools of fiqh represented in the book are the following ones: Maliki (Nigeria, Morocco, Sudan, Mali), Shafi’i (Indonesia, Malaysia), Hanbali (Saudi Arabia), Hanafi (Turkey, Afghanistan, Pakistan) and Jafari (Iran)
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‘If you fear a breach between the twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from hers; if they both wish for peace, Allah will cause their reconciliation…’ Qur'an; 4:35
185.
France is the very example of a code law country. However France used to accommodate Shariah law in former colonies when the mayor and the qadi used to share power and decisions. See Allan Christelow, ‘The Muslim Judge and Municipal Politics in Colonial Algeria and Senegal’, Comparative Studies in Society and History, Vol. 24, No. 1 (Jan., 1982), pp. 3–24
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187.
The Ontario government reviewed its Arbitration Act and on Dec. 20, 2004. It released a report conducted by former attorney general Marion Boyd. Sources : Boyd report on Ontario arbitration, "Dispute Resolution in Family Law: Protecting Choice, Promoting Inclusion, www.cbc.ca/newslbackground/is/am/shariah-law and Faisal Kutty: "Focus on Alternative dispute resolution - Boyd's recommendations balance the needs of religious communities with rights of vulnerable" in Lawyers weekly (Vol. 24, NQ34, January 21, 2005)
188.
Anver Emon, ‘Islamic Law and the Canadian Mosaic : Politics, Jurisprudence and Multicultural Accommodation’, La Revue du Barreau Canadien, Vol. 87 (2008), pp. 391–425
189.
While in Singapore this decision is viewed positive because permitting to use Shariah courts in India, Muslims in India protest because Sahariah courts are not made legal and binding to the parties. ‘No ban on syariah courts : India’s Supreme Court’, The Straits Times, 8th July, 2014 and ‘Supreme Court ruling on sharia courts draws sharp reaction from Muslim clerics’, The Times of India, 7^th July, 2014
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www.fiqhacademy.org.sa
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The most important countries of the OIC signed the Convention but still some others did not. The countries that did not sign the New York Convention are Libya, Somalia, Sudan, Yemen, Iraq, Sierra Leone, Gambia, Comoros, Turkmenistan, Suriname, Togo, Guyana and Maldives. www.newyorkconvention.org/
194.
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195.
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196.
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200.
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203.
In Indonesia for instance three umbrella organizations issue fatwas: the MUI (an institution set up by the government in 1945), the Nahdlatul Ulama and the Muhammadiyah. All of them issue fatwas for their members, so there may be competition between the three organizations and an inflation of fatwas on all kinds of issues. Nahdlatul Ulama threatened the government to issue a fatwa demanding its members not to pay taxes amid a rampant corruption in the country. ‘Jakarta faces tax boycott over corruption’, The Straits Times, 20^th September 2012 and ‘The trouble with fatwas in Indonesia’, The Straits Times, 21^st February 2013
204.
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206.
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207.
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208.
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Nestorović, Č. (2016). Political-Legal Environment. In: Islamic Marketing. Management for Professionals. Springer, Cham. https://doi.org/10.1007/978-3-319-32754-9_4

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