Ibadah : The Arabic word ibadah (عبادة) or ibada, usually translated "worship", is connected with related words literally meaning "slavery", and has connotations of obedience, submission, and humility. In terms of Islam, ibadah is the ultimate obedience, the ultimate submission, and the ultimate humility to Allah (God) along with the ultimate love for Him.Adab, in the context of behavior, refers to prescribed Islamic etiquette:
Dubai’s legal system is founded upon civil law principles (most heavily influenced by Egyptian law) and Islamic Shari’a law, the latter constituting the guiding principle and source of law.In Dubai legislation tends to be formulated into a number of major codes providing for general principles of law with a significant amount ofsubsidiary legislation. The influx of regional and international commercial enterprises to Dubai and the UAE over the last 30 years has resulted in an expanding and increasingly comprehensive body of federal legislation being established in the form of federal codes of law. There are federal codesof law which apply in Dubai and the other emirates dealing with the most important and fundamental principles of law, including civil, commercial, civil procedure, companies, intellectual property, immigration, maritime, industrial, banking and employment law. In contrast, many of the laws enacted by the Ruler of Dubai relate to matters which are more administrative in nature, such as the establishment and operation of government affiliated entities.
Dubai’s courts comprise a Court of First Instance, a Court of Appeal and a Court of Cassation. Each of these courts has a civil division, a criminal division and a Shari’a division. The civil division hears most civil claims, the criminal division deals with most criminal cases arising in Dubai and the Shari’a division hears civil matters for Muslims, most of which relate to family matters such as divorce and inheritance.Non-Muslims are required to respect Shari’a law in Dubaiand should conduct themselves accordingly. Dubai also has a Labour Court, which deals exclusively with disputes between employers and employees, and a Property Court which deals exclusively with real property disputes.Matters coming before Dubai’s courts are heard by one or more judges. Juries are not used. Further, unlike in some western jurisdictions, there is no system of precedent in Dubai or the UAE. However, judgements of some higher courts are published, not because they are binding on lower courts, but in order to provide useful evidence of future judicial interpretation and practice.It should also be noted that the Dubai courts conduct themselves in the Arabic language and so legal representation not only requires legal advocates who are properly licensed to appear before the courts, but also requires that they are conversant in Arabic.
The Court of First Instance is the largest court within the Abu Dhabi Judicial Department in terms of its size, divisions and diversity of jurisdiction. In addition to Abu Dhabi First Instance Court, there are first instance courts in Al Ain and Al Dhafra. Abu Dhabi First Instance Court is divided into three main sections and their sub sections based on the type and jurisdiction of the case. They include civil cases section which looks into civil, commercial, administrative, labour and summary cases; civil status cases section, which comprises family, inheritance, documentation and proclamations and family guidance and criminal cases section which includes criminal, misdemeanor and offences.
The Courts of Appeal are higher courts which look into appeals from appellants challenging the decisions of a first instance court (lower court) in all kinds of disputes under the provisions of the civil and procedural laws applied in the Emirate.The Courts of Appeal in Abu Dhabi are divided into civil, commercial, labour, personal status, criminal and administrative divisions and each of them look into appeals within their respective jurisdiction. All divisions have three judges who give their verdicts in cases on appeal from first instance courts.
The Court of Cassation is the highest judicial institution in the Emirate. It has the jurisdiction to look into appeals challenging the rulings of the appellate courts, conflict of jurisdiction between the courts in the Emirate and questioning the members of the Executive Council and other senior civil servants in the Emirate who are appointed by an Emiri Decree.The Court comprises five divisions: criminal, commercial, civil, personal status and administrative, in addition to the Judges Affairs Department.All divisions of the Court of Cassation have three judges, and the court hearings are held in open sessions except under certain circumstances. In all cases, the judgments are delivered in open sessions and are final and binding on all.
Marriage Age: minimum marriage age 19 for males and 16 for females; provision for marriage below minimum age, subject to judicial discretion and parental consent Marriage Guardianship: free consent of marrying parties required for validity, unless religious law governing the parties directs otherwise; Marriage Law 1974 defines as legal a marriage "solemnised according to the laws of the respective religions and beliefs of each of the parties"; parties under 21 years need parental permissionMarriage Registration: obligatory; Marriage Registrar Office of Department of Religious Affairs is responsible for registration of Muslim marriages and Civil Marriage Registrar Office of Department of Internal Affairs for all other marriagesPolygamy: basis of marriage is considered monogamy, but Marriage Law does not prohibit polygamy for those religions that allow it (Islam, Hinduism, Buddhism); permitted with consent of existing wife or wives and judicial permission, by fulfilling conditions specified by law, i.e., proof of financial capacity, safeguards that husband will treat wives and children equally; and court inquiry into validity of reasons for wishing to contract polygamous marriage (e.g., existing wife�s physical disfigurement, infertility, incurable disease)Obedience/Maintenance: law specifies that both spouses are equal and both are responsible for maintaining home and caring for children; obligation of permanent resident and domicile to be decided by both parties; husband as head of family required to protect wife and provide according to his means and wife�s duty is to manage householdTalaq: Marriage Law provides that divorce shall be carried out only before Court of Law, after Court has endeavoured to reconcile the parties; husband married under Islamic law may submit letter notifying religious court of his intention to divorce and giving his reasons; if husband�s reasons accord with any of six grounds for judicial divorce outlined in Marriage Law and determines that reconciliation is not possible, court will grant session in order to witness divorceJudicial Divorce: The other spouse’s adulteryAlcoholism or addiction to narcoticsGambling or "any other vice that is difficult to cure“Abandonment for two years without valid reasonCruelty or mistreatment endangering lifePhysical disfigurement or malady preventing performance of marital dutiesConstant disputes without hope of resolutionSentencing to a prison term of five years or moreeither spouse may seek judicial divorce (preceded by reconciliation efforts by judge) on following grounds: other spouse�s adultery, alcoholism, addiction to narcotics, gambling or "any other vice that is difficult to cure"; abandonment for two years without valid reason; cruelty or mistreatment endangering life; physical disfigurement or malady preventing performance of marital duties; sentencing to prison term of five years or more; and constant disputes without hope of resolution Post-Divorce Maintenance/Financial Arrangements: property acquired during marriage considered joint property, and Marriage Law only directs that division is according to the laws applicable to the parties; court may order alimony for children or maintenance for former wife (time periods and levels not specified)Child Custody and Guardianship: Marriage Law simply provides that in case of dispute over custody, Court shall render its judgement; father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case Court may order mother to share expenses Succession: governed by classical law influenced by directions contained in the Compilations of Islamic Law
Schools of Fiqh: The majority of the population is Shafii Muslim. There are also Ahmadi minorities. The other recognised religious minorities are Roman Catholic, Protestant, Hindu and Buddhist. There are also significant minorities following tribal religions; they are not afforded any official recognition.Constitutional Status of Islam(ic Law): The Constitution was promulgated in August 1945. It does not adopt any official religion, but Article 29(1) provides that "the State is based upon the belief in the One, Supreme God", also embodied in the Pancasila. Article 29(2) guarantees freedom of religion.Court System: There are four judicial branches outlined in the Basic Law on Judicial Power 1970: general, religious, military and administrative courts.General courts include District Courts of First Instance, High Courts of Appeal, and the Supreme Court (MahkamahAgung). Religious courts (Pengadilan Agama) are established side by side with District Courts. Religious courts are organised at two levels: courts of first instance in each district and appellate courts in all provinces (approximately 300 and 25, respectively; figures as of mid-1990s) and have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony.Appeals from the religious appeals court (Mahkamah Islam Tinggi) go to Supreme Court, although the supervisory jurisdiction of regular courts over religious courts ended with the passing of the Law on Religious Courts 1989. Religious courts have limited or special jurisdiction and secular courts have general jurisdiction. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on the basis of Dutch-derived civil law or local adat.Notable Features: Notable Cases: Law/Case Reporting System: There is no regular system of case reporting in Indonesia.International Conventions (with Relevant Reservations): Indonesia signed the CEDAW in 1980 and ratified it in 1984 with a declaration regarding Article 29(1).Indonesia signed and ratified the CRC in 1990, submitting a general reservation to the effect that Articles 1, 14, 16, 17, 21, 22 and 29 are to be applied in conformity with the Constitution of Indonesia. (The articles indicated relate to majority, children�s freedom of religion and conscience, right to privacy, and right to access to information, adoption, and the direction of children�s education.)
1920 -30: Import by van den Bergh, Jurgen and Brothers1933: Soap Factory - Lever’s Zeepfabrieken NV – Angke, Jakarta1936: Margarine and oil production van den Bergh’s Fabrieken NV - Angke, Jakarta1941: Cosmetics factory - Colibri NV, Surabaya1942 -46: Unilever control discontinued (World War II)1965 -66: Under government control1967: Control of business back to Unilever under foreign investment law
1981: Go public and listed in Jakarta Stock Exchange1982: Construction of Elida Gibbs Factory in Rungkut, Surabaya1988: Transfer of the Toilet Soap Factory from Colibri to Rungkut Factory, Surabaya1990: Enter into the tea business1992: Opening of ice cream factory1995: Construction of detergents and foods factory in Cikarang, Bekasi
1996 -98: Consolidation of manufacturing facilities – Cikarang, Rungkut1999: NSD Liquid Detergents – Cikarang2000: Enter into soya sauce business2001: Opening of tea factory – Cikarang2002: Opening of central distribution centre Jakarta2003: Enter into mosquito coil business2004: Enter into snack business2005 -2008: Opening of liquid / shampoo factory Cikarang Enter into fruit-based Vitality drinks business
Transcript of "Final ib pptx"
ISLAMIC LAW SYSTEMS BY GROUP NO 8.• ABHEY BANSAL (001)• HARSH GADA(022)• SHIRISH SHITOLE(052) ISLAMIC LAW SYSTEMS 1
Countries adopting Islamic LawCountry Legal SystemAfghanistan mixed legal system of civil, customary, and Islamic lawBahrain mixed legal system of Islamic law and English common lawAlgeria mixed legal system of French civil law and Islamic lawBangladesh mixed legal system of mostly English common law and Islamic lawBrunei mixed legal system based on English common law and Islamic lawEgypt mixed legal system based on Napoleonic civil law and Islamic religious law ISLAMIC LAW SYSTEMS 3
Countries adopting Islamic LawCountry Legal SystemIraq mixed legal system of civil and Islamic lawJordan mixed legal system of civil law and Islamic religious lawKenya mixed legal system of English common law, Islamic law, and customary lawKuwait mixed legal system consisting of English common law, French civil law, and Islamic religious lawMalaysia mixed legal system of English common law, Islamic law, and customary lawOman mixed legal system of Anglo-Saxon law and Islamic law ISLAMIC LAW SYSTEMS 4
Countries adopting Islamic Law Country Legal System Pakistan common law system with Islamic law influence Qatar mixed legal system of civil law and Islamic law (in family and personal matters) Saudi Arabia Islamic (sharia) legal system with some elements of Egyptian, French, and customary law United Arab Emirates mixed legal system of Islamic law and civil lawSource : https://www.cia.gov/library/publications/the-world-factbook/fields/2100.html ISLAMIC LAW SYSTEMS 5
Shari’a• Shari’a : “Path to a watering hole”• Theocratic Law System.• Moral code and religious law of Islam.• Derived from 2 primary sources of Islamic Law – The precepts set forth in the Quran – Example set by the Islamic prophet Muhammad Deals ISLAMIC LAW SYSTEMS 6
Shari’a• Sharia law can be organized in different ways – ibadah (ritual worship) – muamalat (transactions and contracts) – adab (morals and manners), – itiqadat (beliefs) – ‘uqubat (punishments). ISLAMIC LAW SYSTEMS 7
Islamic Banking• Form of modern banking based on Rules of Sharia, known as Fiqh al-Muamalat (Islamic rules on transactions)
History of Islamic Banking• The first Islamic bank in Mit Ghamr, Egypt in 1963 by Ahmad El Naggar• Islamic Development Bank (IDB) in 1974• First Islamic commercial bank “Islamic Bank of Dubai” in 1975
Importance of Islamic Banking• Muslim population at about 2.1 billion, representing a sizeable 30 percent of the world population of 7 billion.• Market shares of Islamic deposits and financing stand at 15.6 percent and 11.6 percent of the industry’s total.• Total assets managed through Islamic equity funds exceed US$5oo billion and is growing by 12–15% per annum.
Principals of Islamic Banking• Riba: Arabic word which stands for excess, increase, addition, expansion or growth• Ghrar : speculative Investments like in derivatives are not allowed• Haram :Prohibits investment in gambling and alcohol and other industries.
Difference between Islamic and Conventional Banking• Islamic banking : On Shariah foundation while the conventional banking does not.• Relationship between customer and the bank Islamic bank: Customers as a partner rather than a borrower as in conventional banking• Prohibition of Riba• Syariah Supervisory Board In Islamic banking while Convention Bank can conduct its business operation at its own
Islamic Banking in Nigeria• Nigeria : Conglomeration of religions and ethnicities. 50% Muslim, 40% Christian• The Central Bank of Nigeria (CBN) issued new guidelines in accordance with the provisions of Banks and Other Financial Institutions Act (BOFIA) for the operation of Non-interest banking in Nigeria.
Major Islamic banks in WorldSource: www.panafricancapitalplc.com
Islamic Banking In India• Islamic banks in India do not function under banking regulations. They are licensed under Non Banking Finance Companies Reserve Bank Directives RBI (Amendment) Act 1997, and operate on profit and loss based on Islamic principles.• All the Islamic banks have to be compulsorily registered with RBI.• First bank in Kerala
Implications and Opportunities of Non-interest (Islamic) Banking• Large number of unbanked Muslim community may be attracted to this type of specialized banking system and get bankable.• People to have different credit choice among different types of banking structures• Encourages Muslim communities to invest locally rather than sending their investment to the Middle-East
Selection Criteria Of Islamic Banking For MNEs• Convenience: Working hours of ATMs, convenient branch locations and wide branch network convenience• Cost and benefit• Influence by friends and relatives• No influence of religion
Legal system in UAE• UAE : Federation of 7 Emirates • Dubai, Abu Dhabi, Ajman, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain.• UAE : Dubai’s legal system is founded upon • Civil Law Principles • Islamic Shari’a law• Civil Law Principles : Legislation tends to be formulated into a number of major codes providing for general principles of law with a significant amount of subsidiary legislation.• Islamic Shari’a Law : More administrative in nature, such as the establishment and operation of government affiliated entities. ISLAMIC LAW SYSTEMS 21
Court System in UAE• Court of First Instance• Court of Appeal• Court of Cassation• Labour Court ISLAMIC LAW SYSTEMS 22
Court of First Instance• Largest court within the Abu Dhabi Judicial Department in terms of size, divisions and diversity of jurisdiction.• Consists of 3 main sections and their sub sections – Civil Section : Deals with civil, commercial, administrative, labour and summary cases. – Civil status Cases Section : Deals with family, inheritance, documentation and proclamations and family guidance. – Criminal Cases Section :SYSTEMS with criminal ISLAMIC LAW Deals 23
Court of Appeal• Higher Courts• Look into appeals from appellants challenging the decisions of a first instance court.• Consists of – Civil – Commercial – Labour – Personal Status – Criminal – Administrative ISLAMIC LAW SYSTEMS 24
Court of Cassation• Highest Judicial Institution in Emirate.• Looks into appeals challenging the rulings of the appellate courts• Consists of 5 divisions – Criminal – Commercial – Civil – Personal Status – Administrative• Judgments of Cassation court are binding. ISLAMIC LAW SYSTEMS 25
Implication for MNE’s• This slide can go in the conclusion part for Harsh• I will tell you what to say or add… ISLAMIC LAW SYSTEMS 26
Indonesia• Area: 2 million sq. km.• Population (July 2009 est.): 240.3 million• Ethnic groups (2000 census):- Javanese 40.6%- Sundanese 15%- Madurese 3.3%- Minangkabau 2.7%- others 38.4%
Indonesia• Religions (2000 census):- Muslim 86.1%- Protestant 5.7%- Catholic 3%- Hindu 1.8%- others 3.4%.
Indonesia• Pancasila (Constitution: 1945)- Monotheism- Humanitarianism- National Unity- Representative democracy by consensus- Social Justice
Netherlands Indies• Roman-Dutch law, custom and Islamic law. Under Dutch (Netherlands Indies) population was divided into Europeans, Natives, and Foreign Orientals• Indonesians subject to adat law• Netherlands East Indies divided into several jurisdictions based on cultural and linguistic criteria.• First legislation relating to application of Islamic law was 1882 Royal Decree
Netherlands Indies• Independence declared• Enactment of Muslim Marriage and Divorce Registration Law 1946• New Marriage Law applicable to all Indonesians eventually passed in 1974• Marriage Law is applied by- regular court system for religious minorities- sharia courts for Muslim Indonesians.
Indonesia• School(s) of Fiqh• Constitutional Status of Islam(ic Law)• Court System- General- Religious- Military- Administrative courts• Relevant Legislation• Notable Features
Unilever Indonesia• 1920 -30: Import by Jurgen and Brothers• 1933: Soap Factory at Jakarta• 1936: Margarine and oil production at Jakarta• 1941: Cosmetics factory at Surabaya• 1942 -46: Unilever control discontinued (World War II)• 1965 -66: Under government control• 1967: Control of business back to Unilever under foreign investment law
Unilever Indonesia• 1981: Went public and listed in Jakarta Stock Exchange• 1982: Construction of Elida Gibbs Factory in Rungkut, Surabaya• 1988: Transfer of the Toilet Soap Factory from Colibri to Rungkut Factory, Surabaya• 1990: Enter into the tea business• 1992: Opening of ice cream factory• 1995: Construction of detergents and foods factory in Cikarang, Bekasi
Unilever Indonesia• 1996-98: Consolidation of manufacturing facilities – Cikarang, Rungkut• 1999: Liquid Detergents – Cikarang• 2000: Enter into soya sauce business• 2001: Opening of tea factory – Cikarang• 2002: Opening of CDC at Jakarta• 2003: Enter into mosquito coil business• 2004: Enter into snack business• 2005: Liquid / shampoo factory at Cikarang• 2008: Fruit-based vitality drinks business
COMPANY RANK COUNTRY MNEs REVENUE Iran Khodro Plc 26 Iran $9,089 2009 US$ (ml) Emirates Telecom (Etisalat) 27 UAE $8,394Saudi Arabian Oil Co. (Saudi 182390 (Zain) Mobile Telecommunications 1 Saudi Arabia $182,396 28 Kuwait $8,056Aramco) 1 Million Co.National Iranian Oil Company 1 2 Iran $79,277 Saudi Oger Co. 29 Saudi Arabia $8,000Petroliam Nasional Bhd. USD 3 Malaysia $70,869 Egyptian General Petroleum Co.(Petronas) 30 Egypt $7,738 (EGPC) 1Kuwait Petroleum Corp. 1 4 Kuwait $50,404 Akbank 31 Turkey $7,441Sonatrach 5 Algeria $47,980 Petroleum Development Oman 32 Oman $7,385PT Pertamina (Persero) 1 6 Indonesia $34,678 (PDO) 1Qatar Petroleum 7 Qatar $32,421 Telkom Indonesia 33 Indonesia $7,203Nigerian National Petroleum National Iranian Petrochemical 8 Nigeria $30,890 34 Iran $7,192Corp. 1 CompanyAbu Dhabi National Oil Co. 1 9 UAE $30,849 Dogan Holding 35 Turkey $6,607Koc Holding A.S. 10 Turkey $28,978 Saudi Electric Company 36 Saudi Arabia $6,360Saudi Basic Industries Maybank Group 37 Malaysia $5,999 11 Saudi Arabia $27,488Corporation (SABIC) Agility 38 Kuwait $5,723National Oil Company (NOC) 1 12 Libya $24,636 ETA - Ascon Group 39 UAE $5,690Saudi Telecom Company 13 Saudi Arabia $13,544 TurkCell 40 Turkey $5,492KazMunayGas 14 Kazakhstan $13,441 Saipa Corporation 2 41 Iran $5,462The Emirates Group 15 UAE $12,362 YTL Corporation Berhad 42 Malaysia $5,373Sabanci Holding 16 Turkey $12,181Astra International 17 Indonesia $10,935 SOCAR (State Oil Company of the 43 Azerbaijan $5,260 Azerbaijan Republic)Yildiz Holding/ Ulker 18 Turkey $10,900 Dallah Albaraka Group 2 44 Saudi Arabia $5,204Isbank 19 Turkey $10,897Pakistan State Oil Co. 20 Pakistan $10,208 Enka Holdings 45 Turkey $5,124Sime Darby Bhd 21 Malaysia $10,019 Orascom Telecom 46 Egypt $5,065Perusahaan Listrik Negara, PT 22 Indonesia $10,002 DOGUS Holding Co. 47 Turkey $5,011Iranian Mining Industries Halkbank 48 Turkey $5,010 23 Iran $9,811(IMIDRO) 2 Saudi Binladin Group 2 49 Saudi Arabia $5,000TenagaBankZiraat Nasional Bhd 24 25 Turkey Malaysia $9,805 $9,798 The Lion Group 50 Malaysia $4,907
Vakif Bank 51 Turkey $4,802 MNEs UMW Holdings Bhd 76 Malaysia $3,464Savola Group 52 Saudi Arabia $4,778 BIM Birlesik Magazalar A.S. 77 Turkey $3,442Emirates National Bank of Brunei Petroleum 1 78 Brunei $3,441 53 UAE $4,734Dubai (NBD) Eregli Iron And Steel Works Co. 79 Turkey $3,355Consolidated Contractors (Erdemir) 54 Saudi Arabia $4,608International Co. Samir Sa 80 Morocco $3,323Abu Dhabi National Energy Independent Petroleum Group 81 Kuwait $3,291 55 UAE $4,589Company (TAQA) Mobile Communications 82 Iran $3,272Turkish Airlines 56 Turkey $4,508 Company of IranBank Melli Iran 2 57 Iran $4,473 Selçuk Ecza Deposu 83 Turkey $3,250Group ONA 58 Morocco $4,445 PT Bumi Resources Tbk 84 Indonesia $3,219Saad Group of Companies 2 59 Saudi Arabia $4,352 Al Rajhi Banking and 85 Saudi Arabia $3,187M.A. Kharafi & Sons 2 60 Kuwait $4,300 Investment Corp.Bank Rakyat Indonesia 61 Indonesia $4,299 Public Bank Bhd. 86 Malaysia $3,090Suez Canal Authority 62 Egypt $4,280 Bank Central Asia Tbk 87 Indonesia $3,085Axiata Group Berhad 63 Malaysia $4,278 Eczacibasi Holdings 3 88 Turkey $3,015Electricity Generation Company PT Adaro Energy Tbk 89 Indonesia $2,980 64 Turkey $4,199Inc. (EUAS) Vestel 4 90 Turkey $2,977Bank Mandiri 65 Indonesia $4,141 Gudang Garam Tbk PT 91 Indonesia $2,964Indofood 66 Indonesia $4,122 Etihad Airways 92 UAE $2,951Syrian Petroleum Company 1 67 Syria $4,101 DP World 93 UAE $2,929Sapco 2 68 Iran $4,071 Tasnee (National 94 Saudi Arabia $2,897IOI Group 69 Malaysia $4,054 Industrialization Company)Felda Holdings Bhd 70 Malaysia $3,865 Genting Berhad 95 Malaysia $2,873Orascom Construction Telekom Malaysia Bhd 96 Malaysia $2,780 71 Egypt $3,830Industries Arab Bank PLC 97 Jordan $2,727CIMB Group 72 Malaysia $3,720 Ciner Group 2 98 Turkey $2,680National Commercial Bank 73 Saudi Arabia $3,681 Perusahaan Otomobil Nasional 99 Malaysia $2,676Malaysian Airline System Bhd 74 Malaysia $3,655 Bhd (Proton)Saud Bahwan Group 2 75 Oman $3,500 Kuwait Finance House 100 Kuwait $2,672
References• http://www.state.gov• http://www.unilever.co.id• http://policy-practice.oxfam.org.uk• http://www.thejakartapost.com THANK YOU ISLAMIC LAW SYSTEMS 38
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