Juridical Perspectives Between Islam And The West

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
Page : 296 pages
File Size : 54,9 Mb
Release : 2024-01-01
Category : Political Science
ISBN : 9783031378447

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Juridical Perspectives between Islam and the West by Federico Lorenzo Ramaioli Pdf

This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".

Author : E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 47,5 Mb
Release : 2013-01-01
Category : Religion
ISBN : 9780857934475

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Modern Perspectives on Islamic Law by E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen Pdf

'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 488 pages
File Size : 53,6 Mb
Release : 2013-06-13
Category : Religion
ISBN : 9789004233362

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Islam and International Law by Anonim Pdf

Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

Author : Lawrence Rosen
Publisher : University of Chicago Press
Page : 293 pages
File Size : 47,8 Mb
Release : 2018-03-13
Category : Law
ISBN : 9780226511740

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Islam and the Rule of Justice by Lawrence Rosen Pdf

In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Author : Khaled Ramadan Bashir
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 55,9 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.

Author : Jocelyne Cesari
Publisher : Routledge
Page : 264 pages
File Size : 51,5 Mb
Release : 2009-12-04
Category : History
ISBN : 9781135188740

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Muslims in the West After 9/11 by Jocelyne Cesari Pdf

This book is the first systematic attempt to study the situation of European and American Muslims after 9/11, and to present a comprehensive analysis of their religious, political, and legal situations. Since 9/11, and particularly since the Madrid and London bombings of 2004 and 2005, the Muslim presence in Europe and the United States has become a major political concern. Many have raised questions regarding potential links between Western Muslims, radical Islam, and terrorism. Whatever the justification of such concerns, it is insufficient to address the subject of Muslims in the West from an exclusively counter-terrorist perspective. Based on empirical studies of Muslims in the US and Western Europe, this edited volume posits the situation of Muslim minorities in a broader reflection on the status of liberalism in Western foreign policies. It also explores the changes in immigration policies, multiculturalism and secularism that have been shaped by the new international context of the ‘war on terror’. This book will be of great interest to students of Critical Security Studies, Islamic Studies, Sociology and Political Science in general. Jocelyne Cesari is an Associate at Harvard’s Center for Middle Eastern Studies and the Center for European Studies, teaching at Harvard Divinity School and the Government Department, specializing in Islam and the Middle East.

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
Page : 302 pages
File Size : 55,9 Mb
Release : 2024-05-17
Category : Electronic
ISBN : 9783031378362

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Shari’a and the Constitution in Contemporary Legal Models by Federico Lorenzo Ramaioli Pdf

Author : MashoodA. Baderin
Publisher : Routledge
Page : 993 pages
File Size : 43,7 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351562324

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International Law and Islamic Law by MashoodA. Baderin Pdf

The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.

Author : Abdullah Saeed
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 47,5 Mb
Release : 2018-04-27
Category : Law
ISBN : 9781784716585

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Human Rights and Islam by Abdullah Saeed Pdf

Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.

Author : Lawrence Rosen
Publisher : Oxford University Press, USA
Page : 258 pages
File Size : 51,6 Mb
Release : 2000
Category : Law
ISBN : 0198298846

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The Justice of Islam by Lawrence Rosen Pdf

Using data ranging from the courts of North Africa to the treatment of Islam in American courts, these essays demonstrate the appeal of Islamic law in the lives of everyday adherents.

Author : Tamir Moustafa
Publisher : Cambridge University Press
Page : 205 pages
File Size : 53,9 Mb
Release : 2018-07-25
Category : Law
ISBN : 9781108423946

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Constituting Religion by Tamir Moustafa Pdf

Constituting Religion examines how constitutional provisions for both Islam and liberal rights catalyze conflicts over religion in Malaysia and feed a 'rights-versus-rites' binary. This title is also available as Open Access.

Author : Muhamad Ali
Publisher : Edinburgh University Press
Page : 360 pages
File Size : 42,8 Mb
Release : 2015-12-08
Category : Political Science
ISBN : 9781474409216

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Islam and Colonialism by Muhamad Ali Pdf

This book offers a comparative and cross-cultural history of Islamic reform and European colonialism as both dependent and independent factors in shaping the multiple ways of becoming modern in Indonesia and Malaya during the first half of the twentieth century.

Author : Martin Faix
Publisher : Springer Nature
Page : 285 pages
File Size : 42,6 Mb
Release : 2024-05-17
Category : Electronic
ISBN : 9783031459948

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ICC Jurisprudence and the Development of International Humanitarian Law by Martin Faix Pdf

Author : M. Frassetto,D. Blanks
Publisher : Springer
Page : 235 pages
File Size : 49,7 Mb
Release : 1999-12-09
Category : History
ISBN : 9780312299675

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Western Views of Islam in Medieval and Early Modern Europe by M. Frassetto,D. Blanks Pdf

Western Views of Islam in Medieval and Early Modern Europe considers the various attitudes of European religious and secular writers towards Islam during the Middle Ages and Early Modern Period. Examining works from England, France, Italy, the Holy Lands, and Spain, the essays in this volume explore the reactions of Westerners to the culture and religion of Islam. Many of the works studied reveal the hostility toward Islam of Europeans and the creation of negative stereotypes of Muslims by Western writers. These essays also reveal attempts at accommodation and understanding that stand in contrast to the prevailing hostility that existed then and, in some ways, exists still today.

Author : Federico Lorenzo Ramaioli
Publisher : Routledge
Page : 212 pages
File Size : 50,9 Mb
Release : 2022-04-04
Category : Law
ISBN : 9781000566574

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Islamic State as a Legal Order by Federico Lorenzo Ramaioli Pdf

This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.