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Law On Trial 2017: Religion On Trial - “Islamic Finance: the Middle East, M...

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Birkbeck, University of London

Malet Street

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WC1E 7HX

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Thursday 15th June - “Islamic Finance: the Middle East, Malaysia, and the West” (Daniele D'Alvia, Birkbeck)

The panel aims at providing an in-depth account of Islamic conceptions of gharar in contrast to current Western conceptualisations of risk, using the respective financial legal frameworks of both as criterion. One of the more decisive stakes of the difference of approaches distinguishing Islamic and contemporary Western legal orders today concerns the regulation of financial markets; rather than focussing exclusively on the study of classical Islamic finance’s features such as the prohibition of interest (riba) or usury and its criminalisation, the panel will therefore approach its object according to a comparative-legal-studies agenda. This proceeding should enable us to investigate whether and how the definitions of risk and uncertainty — crucial features of our financial markets — can be understood as preferentially related to specific features of Islamic law. Instances of legislative accommodation of Islamic finance as well as legal transfers/transplants will serve us as clues and examples destined to grant an unprejudiced study and evaluation, and an open-ended reflection of whether Islamic finance can, both despite and because of its difference to Western finance models, represent itself also as a source (as opposed to: only as an address) for legal borrowing and transplants.

Panel Members

Prof. Michelle Everson, Birkbeck University of London (Chair and Discussant)

Prof. Habib Ahmed, Durham Business School, UK (Panelist)

Senior Lecturer Gabriella Gimigliano, University of Siena – Business School, Italy (Panelist)

Mr. Daniele D’Alvia, Birkbeck University of London and Visiting Researcher at the Max Planck Institute for Comparative and International Private Law, Germany (Panelist)

Prof. Volker Nienhaus, International Centre for Education in Islamic Finance, Malaysia (Panelist)

This is a free event, however booking is required.

Law On Trial 2017: Religion On Trial

The School of Law’s annual ‘Law On Trial’ event, a week-long programme of free to attend public lectures and panel discussions will this year focus on the theme of ‘Religion On Trial’. Running from Monday 12th to Friday 16th June 2017, the event brings together academic staff from around the world, recognised internationally as authorities in their field.

In light of various scholarly efforts (history, theology, sociology, hermeneutics) we are able to analyse what the experience of past years has allowed us to conclude regarding the dependence of power networks upon communitarian structures based on religion. Doubtlessly, religious evolution needs to be read autonomously. Even so, the new world-wide take-off of religion allows us to grasp:

• Longstanding South-North confrontations, the worldwide defeat of institutionalized socialism and the neoliberal exacerbation of global inequality, have generated an immense suck for plausible programs. Political principle has lost its credibility and is no longer able to channel such promises. How can religion found a new power politics?

• How can standard versions of liberalism be modified, put upside down, replaced, etc., in order to enable religious forms absent from its own genesis to find their place?

• Modernity, historically speaking, is the result of efforts in favour of dividing up that which makes sense inside of religion, from that which makes sense outside of religion. Modernity's religion does not include everything. Yet, on closer look, not all religious traditions sit equally well with such a divide. Friday’s lecture will discuss the relevant aspects of Christianism.

• An important percentage of the world’s population is born into one or the other forms of Islam. This gives rise to encounters with diverse issues, as they used to be flourishing, in non-Islamic cultures, outside of religion. By means of which concepts and operations does Islamic international economy function in international economy today? What is the state of the questions of Feminism and Gender studies in the Islamic world today? Two of our sessions will deal with these questions.

• The world of religions today includes an important number of non-standard religions. The case of the Rastafarians extends as far into the history of music as into that of religiously inspired spirituality. One of our sessions will be devoted to the Rastafarians.

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Birkbeck, University of London

Malet Street

London

WC1E 7HX

United Kingdom

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