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Author : Morgan Clarke
Publisher : Cambridge University Press
Page : 353 pages
File Size : 43,8 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107186316
A dynamic account of the sharia in Lebanon as both state law and as personal ethics.
Author : David D. Grafton
Publisher : Unknown
Page : 288 pages
File Size : 47,7 Mb
Release : 2003
Category : Civil rights (Islamic law)
ISBN : 0755611411
"With the contemporary discussions of political Islam, how do minority Muslim communities approach the traditional concept that Islam is both "religion and politics"? How do Muslim minorities address the issues of Islamic social organization when they are either a minority or living within a pluralistic state? Do Muslims who are integrated within a pluralistic state approach the traditional aspects of Islamic social-political organization in a manner different than those Muslims whomake up a majority? This study examines the Islamic categories of Christians under Islamic law and compares them with the status of Christians within Lebanon. David Grafton reviews the opinions of four Lebanese Muslim scholars (two Sunni and two Shi'a) regarding Christian political rights during the Lebanese Civil War. In such a diverse and complicated social context as Lebanon, who do these scholars respond to the position of the Christian community which claims political supremacy by maintaining its hold on the presidency? The debate on political Islam has, to this point, neglected to look seriously at Muslim communities in pluralistic contexts, and how such contexts affect their opinions of traditional social-political organization. This text attempts steps to reverse this trend."--Bloomsbury Publishing.
Author : Daisy Hilse Dwyer
Publisher : Bloomsbury Publishing USA
Page : 177 pages
File Size : 44,7 Mb
Release : 1990-09-18
Category : Law
ISBN : 9780313033674
Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself, asserts Joseph Schacht the internationally renowed Islamic law scholar. Indeed, the primary place of law in Islam as well as the preponderance of the legal over the theological in Muslim thinking has long been recognized by both Muslim jurisprudents and by Western legal scholars. At a time when Islamic fundamentalism is flourishing, the relation of religion in and to law-related behavior needs to be scrutinized. In its eight chapters, contributed by various experts in the field and with a cogent introduction by editor Daisy Hilse Dwyer that focuses on the sources of law, the reasons for its centrality in the Middle East, and personal status law, this volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle Eastern nations. The dynamics of dispute settlement, the interaction of court personnel with litigants, the content of legislation, and the promulgation of public policies about law are detailed here as well as the power dynamics of law's interpersonal, intergroup, and international sides. Focusing on the specifics of contemporary politics and social life, the volume provides a baseline for understanding how, and the degree to which, the legal principles and the legal ethos elaborated in Islam centuries ago continue to provide a vital dynamic in legal behavior and thinking today. The first five chapters deal with the on-the-ground intricacies of personal status law. They detail the complex blend of options and constraints that Middle Easterners experience in confronting personal status issues and examine the different approaches to these issues by contrasting regional evironments and differentially empowered social groups. The last three chapters assess law in the public domain-an area in which the most striking recent applications of Islamic law have occurred. Law and Islam in the Middle East will be of particular value to international law experts, students of Islam, comparative law, and the Middle East, as well as practicing social scientists and others who seek a practical and philosophical understanding of how the spirit and letter of Islamic law constitute and reconstitute themselves with a fine-tuned responsiveness to a continuously changing nation and world.
Author : David Grafton
Publisher : I.B. Tauris
Page : 288 pages
File Size : 50,9 Mb
Release : 2004-05-28
Category : Religion
ISBN : 1860649440
With the contemporary discussions of political Islam, how do minority Muslim communities approach the traditional concept that Islam is both "religion and politics"? How do Muslim minorities address the issues of Islamic social organization when they are either a minority or living within a pluralistic state? Do Muslims who are integrated within a pluralistic state approach the traditional aspects of Islamic social-political organization in a manner different than those Muslims whomake up a majority? This study examines the Islamic categories of Christians under Islamic law and compares them with the status of Christians within Lebanon. David Grafton reviews the opinions of four Lebanese Muslim scholars (two Sunni and two Shi'a) regarding Christian political rights during the Lebanese Civil War. In such a diverse and complicated social context as Lebanon, who do these scholars respond to the position of the Christian community which claims political supremacy by maintaining its hold on the presidency? The debate on political Islam has, to this point, neglected to look seriously at Muslim communities in pluralistic contexts, and how such contexts affect their opinions of traditional social-political organization. This text attempts steps to reverse this trend.
Author : Morgan Clarke
Publisher : Berghahn Books
Page : 262 pages
File Size : 52,8 Mb
Release : 2009-06-01
Category : Social Science
ISBN : 9781845459239
Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between ‘liberal’ and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology’s own ‘new kinship studies’. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.
Author : Yvonne Yazbeck Haddad,Barbara Freyer Stowasser
Publisher : Rowman Altamira
Page : 276 pages
File Size : 55,9 Mb
Release : 2004-03-27
Category : Religion
ISBN : 9780759115712
Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue.
Author : Mai Yamani,Andrew Allen
Publisher : NYU Press
Page : 400 pages
File Size : 45,5 Mb
Release : 1996-09
Category : Social Science
ISBN : 9780814796801
"In an age when Western feminism is continuously undergoing redefinition, the struggles of women in Muslim countries are often overlooked. This volume illustrates how women in Islamic societies have become more actively involved not only in learning their rights under the shari'a (Islamic law) but in rereading this law to improve their status and gain increased equality and freedom. Surveying Iran, Saudi Arabia, Lebanon, Egypt, and Arab societies in general, Feminism and Islam brings together renowned women researchers and academics -- historians, political scientists, lawyers, sociologists, social anthropologists, and literary critics -- to examine the examine the phenomenon of feminism within the Islamic cultural framework. Introducing a feminism which is "Islamic" in its form and context, the essays focus on such subjects as crimes of honor and the construction of gender in Arab societies; law and the desire for social control; women and entrepreneurship; family legislation; and the political strategies of feminists in the Islamic world." -- Back cover
Author : Max Weiss
Publisher : Harvard University Press
Page : 357 pages
File Size : 49,6 Mb
Release : 2010-10-30
Category : History
ISBN : 9780674052987
Prologue : Shiʻism, sectarianism, modernity -- The incomplete nationalization of Jabal ʻAmil -- The modernity of Shiʻi tradition -- Institutionalizing personal status -- Practicing sectarianism -- Adjudicating society at the Jaʻfari court -- ʻAmili Shiʻis into Shiʻi Lebanese? -- Epilogue : Making Lebanon sectarian.
Author : Nisrine Abiad
Publisher : BIICL
Page : 276 pages
File Size : 53,7 Mb
Release : 2008
Category : Law
ISBN : 190522141X
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
Author : Raja Abillama
Publisher : EUP
Page : 0 pages
File Size : 48,8 Mb
Release : 2023-11-30
Category : Electronic
ISBN : 1399507540
A study of the coexistence of Muslims and Christians in Lebanon through an investigation of Lebanese law.The book considers coexistence as an organizing or structuring principle of the modern Lebanese state, and of its legal order. It analyses the kind of legal arrangement that coexistence dictates, and the legal processes that sustain coexistence. It reaches beyond the law, to describe or provide an account of coexistence as constitutive of a secular sensibility or form of life, a sensibility or form of life that finds its articulations in specific ways of thinking, doing, and feeling. It describes some of the concepts, practices, and attitudes of coexistence, through which Muslims and Christians in Lebanon are secured a place and secured in place, enabled and constrained to make legible their 'religious' difference and distinctiveness through marriage and its consequences (the family), keep in check, restrain, or contain their 'religious' passions. It proposes that the coexistence of Muslims and Christians in Lebanon is Lebanese secularism.
Author : Morgan Clarke
Publisher : Berghahn Books
Page : 262 pages
File Size : 41,5 Mb
Release : 2009
Category : Family planning
ISBN : 1845454324
Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between 'liberal' and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology's own 'new kinship studies'. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.
Author : Chibli Mallat
Publisher : OUP Oxford
Page : 504 pages
File Size : 43,8 Mb
Release : 2007-07-12
Category : History
ISBN : 9780191021725
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
Author : Maaike Voorhoeve
Publisher : Bloomsbury Publishing
Page : 250 pages
File Size : 42,8 Mb
Release : 2012-03-30
Category : Law
ISBN : 9780857721273
In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."
Author : Muhamad Mugraby
Publisher : Unknown
Page : 262 pages
File Size : 51,8 Mb
Release : 2013-01-28
Category : Electronic
ISBN : 0615696783
Al-Islam, by linguistic definition, is the state of being at peace and security. It is a house of peace. Al-Sharia is part and parcel of Al-Islam. It is Islamic law. It occupies a central role in the Islamic system, a role designed to insure and protect peace and security for all. Lack of adequate public as well as academic knowledge of and about Al-Sharia is prevalent and is underscored by the inability of thousands of authors in various languages to come to grips with its nature. Most of them define Al-Sharia as religious law. They do so because they interpret Al-Islam as a religion just like Christianity and try to apply to it principles and doctrines that various Christian churches have come either to accept or to reject. A case in point is the doctrine of separation of church and state which, when applied to Al-Islam, serves to de-legitimize Al-Sharia. Hence any call for reinstating Al-Sharia is adamantly rejected as an affront to secularism and modernity. The author, a jurist educated in Western universities, a Doctor of the Science of Law from Columbia University, a former law lecturer, and a well-known human rights defender, demonstrates that Al-Islam is not a mere religion in the Christian sense, but religion and religious worship and belief are parts of it. Al-Islam is a universal system that cannot be separated from Al-Sharia for Al-Sharia embodies and upholds a number of general principles of law and aims to insure peace and protect all inalienable individual rights cherished by Al-Islam. He compares those rights with rights upheld under the Universal Declaration of Human Rights, the American Declaration of Independence and the French Declaration of the Rights of man and the Citizen. In the process, the author demonstrates how Al-Sharia embodies and upholds a rule of law that ranks above kings and all other sovereigns. He argues that the full application of Al-Sharia, which recognizes the bounds, or hudood, of Allah, does not require the rise of one Islamic State to do the job nor will it prevent Islamic states from co-existing in peace and cooperation with each other as well as with non-Islamic states that are willing and agreeable to joining a peace for all humans without discrimination. The conclusion is inevitable that Al-Islam cannot be itself without Al-Sharia and, therefore, denial of Al-Sharia is, in truth, denial of Al-Islam.
Author : Nadjma Yassari,Lena-Maria Möller,Marie-Claude Najm
Publisher : Springer
Page : 412 pages
File Size : 44,5 Mb
Release : 2019-07-03
Category : Law
ISBN : 9789462653115
This book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).