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02 October 2008
Issue: 7339 / Categories: Features
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New letters of the law

Anthony Hainsworth discusses the  impact of Islamic finance on English jurisprudence

New areas of law come about only rarely. The core principles of contract law, tort law and criminal law have long outlived their earliest practitioners. Some areas of law, including, for example, financial regulation, have expanded greatly from a small seed of minor legal issues to a great hulking oak of law; others, such as the law of restitution, come into being from isolated legal issues coalescing into a single, coherent body of law. The process by which new areas of law are created is rarely, however, straightforward.

The same is true of Islamic finance law. Shari’a law, in and of itself, is certainly not new. As Lord Justice Potter observed in his significant speech in the decision of the Court of Appeal in Shamil Bank of Bahrain v Beximco Pharmaceuticals Ltd: “Most of the classical Islamic law on financial transactions is not contained as ‘rules’ or ‘law’ in the Qur’an and Sunnah but is based on the often divergent views held by established schools

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MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

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Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
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