A Geo Legal Approach To The English Sharia Courts

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A Geo-Legal Approach to the English Sharia Courts

Author : Anna Marotta
Publisher : BRILL
Page : 317 pages
File Size : 43,5 Mb
Release : 2021-12-20
Category : Law
ISBN : 9789004473096

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A Geo-Legal Approach to the English Sharia Courts by Anna Marotta Pdf

A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.

Relationships Rights and Legal Pluralism

Author : Mateusz Stępień,Anna Juzaszek
Publisher : Taylor & Francis
Page : 228 pages
File Size : 47,9 Mb
Release : 2024-08-01
Category : Law
ISBN : 9781040100950

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Relationships Rights and Legal Pluralism by Mateusz Stępień,Anna Juzaszek Pdf

This interdisciplinary book brings together leading social and legal scholars to tackle the incompatibility of marriage laws with contemporary social reality in Europe. Their critique is based on the assumption that individuals should be able to choose how they organise their close relationships. The contributors emphasise the importance of pluralism of beliefs, values, cultures, and lifestyles and the consequent need for legal recognition to make individuals' private choices valid and respected. The first part of the book establishes the foundation for the subsequent chapters by exploring the advantages and challenges of focusing on values while accommodating relationship design plurality, the impact of the European Court of Human Rights on the issue, and the transformation of the institution of marriage. The second part presents different legal responses to non-state marriages, particularly religious marriages among Muslim communities, and proposals for reform. The third part of the book features empirical research on the marital experiences of two communities: Muslims and migrants. The chapters concentrate on polygyny among female converts to Islam, the importance of religious knowledge for practising Muslim women in securing rights in their marital relationships, transnational and interreligious marriages, and the impact of acculturative orientation and position in the dual labour market on the choice of life partner among Polish migrant women. The book will be of interest to academics, researchers, and policymakers working in the areas of human rights law, family law, legal anthropology, law and religion, socio-legal studies, feminism and queer studies, and sociology of family.

Anthropology of Law in Muslim Sudan

Author : Barbara Casciarri,Mohamed A. Babiker
Publisher : BRILL
Page : 343 pages
File Size : 54,8 Mb
Release : 2018-04-03
Category : Social Science
ISBN : 9789004362185

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Anthropology of Law in Muslim Sudan by Barbara Casciarri,Mohamed A. Babiker Pdf

Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society.

Waqf in Zaydī Yemen

Author : Eirik Hovden
Publisher : BRILL
Page : 437 pages
File Size : 43,5 Mb
Release : 2018-10-22
Category : Law
ISBN : 9789004377844

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Waqf in Zaydī Yemen by Eirik Hovden Pdf

Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf-related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen. For the Arabic edition, please see here.

New Legal Approaches to Studying the Court of Justice

Author : Claire Kilpatrick,Joanne Scott
Publisher : Oxford University Press
Page : 176 pages
File Size : 53,6 Mb
Release : 2020-12-16
Category : Law
ISBN : 9780192645098

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New Legal Approaches to Studying the Court of Justice by Claire Kilpatrick,Joanne Scott Pdf

At the beginning of 2015, the Court of Justice opened its archives, which created a new and challenging primary source for those studying the Court of Justice: the dossiers de procédure which contain much more than the contemporary documents published by the Court. This volume includes five chapters which analyse the activities of the Court of Justice from a highly diverse range of non-doctrinal perspectives. However, they also highlight significant new developments at the Court itself which attract attention and deserve analysis. Thus, the idea behind this volume is to make available new tools and approaches through which the activities of the Court of Justice can be studied. It shows a more intense engagement with scholars across disciplines to reflect on law and courts, with the Court of Justice as a central focus, and new methods (such as network citation analysis) and sources (such as the Court's archives) being discovered and developed. It also shows a more intense and deeply knowledgeable engagement with EU law and the Court of Justice by non-legal scholars, such as the new sociologies and histories of the Court of Justice. These and other new approaches have spawned productive and ongoing conversations across disciplines.

Land, Law and Islam

Author : Hilary Lim
Publisher : Zed Books Ltd.
Page : 270 pages
File Size : 53,8 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781848137202

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Land, Law and Islam by Hilary Lim Pdf

In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Guide to Foreign and International Legal Citations

Author : Anonim
Publisher : Unknown
Page : 300 pages
File Size : 45,5 Mb
Release : 2006
Category : Annotations and citations (Law)
ISBN : STANFORD:36105063973023

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Guide to Foreign and International Legal Citations by Anonim Pdf

"Formerly known as the International Citation Manual"--p. xv.

The Expert Witness in Islamic Courts

Author : Ron Shaham
Publisher : University of Chicago Press
Page : 302 pages
File Size : 44,7 Mb
Release : 2010-04-15
Category : Law
ISBN : 9780226749358

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The Expert Witness in Islamic Courts by Ron Shaham Pdf

Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.

Religious Pluralism and Islamic Law

Author : Anver M. Emon
Publisher : OUP Oxford
Page : 384 pages
File Size : 43,9 Mb
Release : 2012-07-26
Category : Law
ISBN : 9780191637742

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Religious Pluralism and Islamic Law by Anver M. Emon Pdf

The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

The Beginning of Human Life

Author : Frauke Beller,R. Weir
Publisher : Springer Science & Business Media
Page : 562 pages
File Size : 43,6 Mb
Release : 2013-03-09
Category : Philosophy
ISBN : 9789401582575

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The Beginning of Human Life by Frauke Beller,R. Weir Pdf

Progress in biomedical science has called for an international discussion of the medical, ethical, and legal problems that confront physicians, medical researchers, infertile couples, pregnant women, and parents of premature or disabled infants. In addition, the unprecedented technological developments in obstetrical, perinatal, and neonatal medicine in recent years have indicated a need for an international forum for interdisciplinary dialogue regarding the definition of early human life, the neurological development of early human life, the value of early human life, the obligations for its protection and prolongation, and the limits to these obligations.

The Oxford Handbook of Comparative Law

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 42,8 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780192565518

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The Oxford Handbook of Comparative Law by Mathias Reimann,Reinhard Zimmermann Pdf

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

The Role of Legal Advisers in International Law

Author : Andraž Zidar,Jean-Pierre Gauci
Publisher : BRILL
Page : 408 pages
File Size : 48,8 Mb
Release : 2016-12-01
Category : Law
ISBN : 9789004280304

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The Role of Legal Advisers in International Law by Andraž Zidar,Jean-Pierre Gauci Pdf

In The Role of Legal Advisers in International Law prominent international legal professionals provide a range of original insights on the position of legal advisers and their vital contribution to the development, interpretation and application of international law.

Islamic International Law

Author : Khaled Ramadan Bashir
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 52,5 Mb
Release : 2018-10-26
Category : Religion
ISBN : 9781788113861

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Islamic International Law by Khaled Ramadan Bashir Pdf

Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.

Sharia Law and the Death Penalty

Author : Michael Mumīsa,Tagreed Jaber,Jacqueline Macalesher
Publisher : Unknown
Page : 34 pages
File Size : 46,9 Mb
Release : 2015
Category : Capital punishment
ISBN : 1909521426

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Sharia Law and the Death Penalty by Michael Mumīsa,Tagreed Jaber,Jacqueline Macalesher Pdf

The Concept of the Rule of Law and the European Court of Human Rights

Author : Geranne Lautenbach
Publisher : Oxford University Press
Page : 273 pages
File Size : 54,6 Mb
Release : 2013-11
Category : Law
ISBN : 9780199671199

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The Concept of the Rule of Law and the European Court of Human Rights by Geranne Lautenbach Pdf

Revision of author's thesis (doctoral)--University of Amsterdam, 2012.