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Author : Mouez Khalfaoui,Justin Jones
Publisher : Unknown
Page : 128 pages
File Size : 43,9 Mb
Release : 2020
Category : Electronic
ISBN : 3941159488
Author : ʻAbd Allāh Aḥmad Naʻīm
Publisher : Zed Books
Page : 340 pages
File Size : 51,5 Mb
Release : 2002-08
Category : Family & Relationships
ISBN : 1842770934
In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.
Author : Yvonne Yazbeck Haddad,Barbara Freyer Stowasser
Publisher : Rowman Altamira
Page : 278 pages
File Size : 49,9 Mb
Release : 2004
Category : Law
ISBN : 0759106711
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. Visit our website for sample chapters!
Author : Andrea Büchler
Publisher : Routledge
Page : 168 pages
File Size : 45,5 Mb
Release : 2016-05-06
Category : Law
ISBN : 9781317112273
Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.
Author : Elisa Giunchi
Publisher : Routledge
Page : 212 pages
File Size : 49,9 Mb
Release : 2014-03-26
Category : Social Science
ISBN : 9781317750314
This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.
Author : W. Cole Durham,Rik Torfs
Publisher : Routledge
Page : 354 pages
File Size : 55,9 Mb
Release : 2016-05-06
Category : Religion
ISBN : 9781317112365
Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
Author : Chibli Mallat,Jane Frances Connors
Publisher : BRILL
Page : 418 pages
File Size : 49,5 Mb
Release : 1990
Category : Architecture
ISBN : 1853333018
Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.
Author : Anver M. Emon,Mark Ellis,Benjamin Glahn
Publisher : OUP Oxford
Page : 417 pages
File Size : 47,6 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780191645693
The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.
Author : Muhammad Khalid Masud
Publisher : World Scientific
Page : 434 pages
File Size : 49,7 Mb
Release : 2022-03-14
Category : Law
ISBN : 9781800611696
Sharia Law in the Twenty-First Century consists of concise, detailed analytical studies on current critical discussions of Sharia in the Western and Muslim legal traditions. Contributors to this volume are well-known academics in their fields and have been at the forefront of critical studies on various aspects of Islamic law. Breaking new ground for understanding the dynamics of law and society, most contributors in this volume have influenced current academic discourse on Sharia.The chapters contained within this volume find that globalism and Sharia have been posing challenges to one another. These respective challenges are studied from the perspectives of theory, history and the diverse contexts in which Sharia developed during the twenty-first century. The approach in this book is overall contextual with reference to time and place. For accessibility, unlike other books on Islamic law, Sharia Law in the Twenty-First Century has minimal footnotes and reduced diacritical marks, but offers an essential glossary in an appendix.
Author : Ihsan Yilmaz
Publisher : Routledge
Page : 285 pages
File Size : 41,8 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351916240
Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.
Author : Maaike Voorhoeve
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 2012
Category : Divorce
ISBN : 0755692845
"The Eastern Question, as it was termed by the European Powers in the nineteenth century, was a debate primarily concerned with the issue of 'what to do with the Turk?'. The Ottoman Empire had become known as the 'sick man of Europe' following its gradual decline since the eighteenth century, and its demise would be highly problematic for the crowned heads of Europe. This unique book focuses on the intellectual and political dynamics of the first Ottoman political opposition in the modern sense, the so-called 'Young Ottomans'. In the process it narrates an alternative version of the Eastern Question as experienced and told by its Eastern observers and critics. Nazan A icek shows how an important section of the newly-rising semi-autonomous Ottoman Muslim Turkish intelligentsia in the second half of the nineteenth century, effectively answered the alternative question of 'what to do with the West?'."--Bloomsbury publishing.
Author : Mathias Rohe
Publisher : BRILL
Page : 676 pages
File Size : 40,9 Mb
Release : 2015-01-27
Category : Law
ISBN : 9789004281806
In Islamic Law in Past and Present, the lawyer and Islamicist Mathias Rohe offers a comprehensive study of Islamic law, law reforms and law in action with a particular focus on modern developments in the Islamic world, India, Canada and Germany.
Author : Melissa L. Breger
Publisher : Rowman & Littlefield
Page : 409 pages
File Size : 53,8 Mb
Release : 2022-03-28
Category : Law
ISBN : 9781793618368
Bringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon a major family law topic with the authors examining the laws across jurisdictions, cross-nationally, or in some cases intra-jurisdictionally. It is through this comparative lens that we see how family law concepts are woven into the fabric of overall society around the globe. This book is of interest to family law, international law, sociology, and socio-legal scholars.
Author : Roberta Aluffi Beck-Peccoz,Giovanna Zincone
Publisher : Unknown
Page : 356 pages
File Size : 52,6 Mb
Release : 2004
Category : Language Arts & Disciplines
ISBN : UOM:39015061198902
In all countries of the European Union, the Muslim communities, numbering about 15,000,000 people, represent a substantial religious minority, although it is a very varied group, both in terms of religious practice and national origin. The very weight of this minority forces the legal systems to come to terms with its presence. However, these changes are highly diversified and are evolving rapidly, not necessarily towards greater tolerance. This volume provides a brief sketch of these changes, describing the situation of some member countries of the European Union (Austria, Belgium, France, Germany, Greece, Italy, the Netherlands, Portugal, Spain, Sweden and UK) and of one of the enlargement candidate countries, Romania. The book also contains an initial attempt at comparison between European countries and the USA and an overall analysis of the problems posed by the Islamic presence in Europe and the strategies to manage them. This work allows readers to draw some general conclusions on convergences and divergences within the European Union and the factors that determine them.
Author : Amira El-Azhary Sonbol
Publisher : Syracuse University Press
Page : 384 pages
File Size : 51,5 Mb
Release : 1996-06-01
Category : Social Science
ISBN : 0815626886
The eighteen essays in this volume cover a wide range of material and reevaluate women's studies and Middle Eastern studies, Muslim women and the Shari'a courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.