Harmonisation of law, a term that refers to an effort to bring two different legal traditions in harmony with one another, has developed a rather negative connotation over time when mentioned in the context of Shari'ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge. One of the principal findings of this book is that Shari'ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari'ah and common law, which undoubtedly exist as evidenced in this book, are approached from the position of appreciation for commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process which would, in that case, be reflective of compromise. This book is intended to help readers better understand Shari'ah and common law and aid harmonization efforts when needed.

Auteur

Adnan Trakic, Monash University Malaysia

Texte du rabat

The COVID-19 pandemic has had extraordinary effects on human lives and economies around the world. Many countries have introduced various measures to stop the spread of the virus and preserve human lives and livelihoods. Some commentators have considered these measures extreme, such as the restrictions imposed on people's movement and lockdown of countries' borders. While these measures have undoubtedly saved lives and curbed the spread of the deadly virus, they have also produced some unintended legal implications for individuals and businesses, particularly in the areas of contractual obligations, employment relationships, tourism and hospitality, company law, competition law, human rights and the rule of law, protection of vulnerable groups like migrant workers, and access to judicial and legal services. COVID-19 and Business Law: Legal Implications of a Global Pandemic identifies and discusses specific legal challenges caused by the COVID-19 pandemic in these areas and suggests possible ways in which they could be remedied.

Résumé

De Gruyter Studies in Global Asia
edited by Pervaiz K. Ahmed and Mahendhiran S. Nair, Monash University Malaysia

The De Gruyter Studies in Global Asia series shines a multidisciplinary lens to explore issues facing Asia as it emerges on the global scene. It locates Asia in the global while simultaneously locating the global in the local. The interdisciplinary nature of the series brings into focus new directions and approaches at the intersection of society, science & technology and economics.

Drawing on the social sciences, engineering, politics and economics and other disciplines, the series explores the complex dynamics taking places between and within regional blocks, nation states, industries, and individuals. The focus is to examine experiences at the macro - (e.g. economies, markets), meso - (e.g. industries, institutions, communities) and micro - (e.g. individuals, patterns and behaviour) levels.

The emphasis of the Series is on utilising inter-disciplinary, multi-cultural, multi-voice perspectives to develop originals insights and scholarship. The Global Asia Series' emphasis is on studying latest issues, trends and developments in three main areas:

Culture, Values and Civilization

As a region Asia has a rich heritage constituted by a complex mosaic of religion, values and history that intermesh to define the kaleidoscope of current issues and challenges. These include among others, behaviour and evolution of Asia's people, politics and socio-cultural development.

Industry, Markets and Economics

Featuring centrally in Asia's arrival on the global stage are the changes taking place in the development of its industries and markets. The patterns and economics underlying these shifts is starting to raise fundamental questions over conventional approaches ascribed and deployed by developed, especially Western, nations. This thematic explores how Asia's nations, industries and markets grapple with evolutionary dynamics in contextually unique ways to develop sustainable pathways to global competitiveness.

Science, Technology and Society

Advancements in science and technology are having unique positive and negative impacts on Asian society. On the positive side, these forces of change are enablers of empowerment, improving the condition of people living in these societies. On the down side, the advances are encroaching on the traditional values and livelihoods of communities and people, as both global and local actors leverage technology and science to alter economics of production resulting in significant cultural, social and physical displacements. This thematic focuses on the nature and impact of science and technology on society and vice versa, and how these interactions shape future trajectories of development in each of the spheres.

We are looking for interesting and innovative proposals for projects; these might include:

Research Monographs that make substantial contributions to knowledge.
Handbooks that define the state of the art in particular areas.
Textbooks/Casebooks that extend and unify understanding of particular subjects.
Reports/Proceedings that provide perspectives on emergent themes of interest.
Focus Practice (In brief series focusing on practice). Concise, succinct works that focus on the pragmatics of practice, or highlight how to turn theory into practice. Each would be a compact volume of appropriately 50-100 pages.

Series Editor:
If you are interested in submitting a proposal or have any questions, please contact the Series Editor:

Professor Pervaiz K. Ahmed
Monash University Malaysia
email: pervaiz.ahmed@monash.edu

Professor Mahendhiran S. Nair
Monash University Malaysia
email: mahendhiran.nair.@monash.edu

Contenu

Chapter 1: Introduction

Chapter 2: The Impact of Covid-19 on Contractual Obligations in Commercial Transactions

Chapter 3: The Impact of Covid-19 on Employment Relationships

Chapter 4: Legal Impacts of Covid-19 on Hospitality and Tourism Industry

Chapter 5: Covid-19 and Corporate Governance

Chapter 6: The Impact of Covid-19 Pandemic on Human Rights and the Rule of Law

Chapter 7: Covid-19 and Trafficking of Migrant Workers for Force Labour

Chapter 8: The Importance of Legal Services in a Pandemic