Legal Pluralism In Muslim Contexts

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Legal Pluralism in Muslim Contexts

Norbert Oberauer,Yvonne Prief,Ulrike Qubaja
Legal Pluralism in Muslim Contexts Book PDF

Author : Norbert Oberauer,Yvonne Prief,Ulrike Qubaja
Publisher : BRILL
Page : 268 pages
File Size : 51,5 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004398269

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Legal Pluralism in Muslim Contexts by Norbert Oberauer,Yvonne Prief,Ulrike Qubaja Pdf

Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

Contemporary Islamic Law in Indonesia

Arskal Salim
Contemporary Islamic Law in Indonesia Book PDF

Author : Arskal Salim
Publisher : Edinburgh University Press
Page : 232 pages
File Size : 48,7 Mb
Release : 2015-02-10
Category : Law
ISBN : 9780748693481

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Contemporary Islamic Law in Indonesia by Arskal Salim Pdf

Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.

Legal Pluralism in the Arab World

Badouin Dupret,Maurits Berger,Laila Al-Zwaini
Legal Pluralism in the Arab World Book PDF

Author : Badouin Dupret,Maurits Berger,Laila Al-Zwaini
Publisher : BRILL
Page : 304 pages
File Size : 49,5 Mb
Release : 2023-03-20
Category : Law
ISBN : 9789004416628

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Legal Pluralism in the Arab World by Badouin Dupret,Maurits Berger,Laila Al-Zwaini Pdf

Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.

Legal Pluralism in the Arab World

Baudouin Dupret,Maurits Berger,Laila al- Zwaini
Legal Pluralism in the Arab World Book PDF

Author : Baudouin Dupret,Maurits Berger,Laila al- Zwaini
Publisher : BRILL
Page : 308 pages
File Size : 42,6 Mb
Release : 1999-01-01
Category : Law
ISBN : 9041111050

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Legal Pluralism in the Arab World by Baudouin Dupret,Maurits Berger,Laila al- Zwaini Pdf

Legal pluralism: Ziad Bahaa-Eldin.

Legal Pluralism and Shari’a Law

Adam Possamai,James T. Richardson,Bryan S Turner
Legal Pluralism and Shari a Law Book PDF

Author : Adam Possamai,James T. Richardson,Bryan S Turner
Publisher : Routledge
Page : 136 pages
File Size : 55,9 Mb
Release : 2016-04-08
Category : Political Science
ISBN : 9781134922208

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Legal Pluralism and Shari’a Law by Adam Possamai,James T. Richardson,Bryan S Turner Pdf

Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Sharī‘a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Sharī‘a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.

Muslim Laws, Politics and Society in Modern Nation States

Ihsan Yilmaz
Muslim Laws Politics and Society in Modern Nation States Book PDF

Author : Ihsan Yilmaz
Publisher : Routledge
Page : 285 pages
File Size : 55,7 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351916240

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Muslim Laws, Politics and Society in Modern Nation States by Ihsan Yilmaz Pdf

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.

Islam, Law and the Modern State

Arif A. Jamal
Islam Law and the Modern State Book PDF

Author : Arif A. Jamal
Publisher : Routledge
Page : 150 pages
File Size : 41,5 Mb
Release : 2018-03-14
Category : Law
ISBN : 9781315466798

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Islam, Law and the Modern State by Arif A. Jamal Pdf

Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.

Accommodating Muslims under Common Law

Salim Farrar,Ghena Krayem
Accommodating Muslims under Common Law Book PDF

Author : Salim Farrar,Ghena Krayem
Publisher : Routledge
Page : 245 pages
File Size : 49,6 Mb
Release : 2016-07-15
Category : Law
ISBN : 9781317964216

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Accommodating Muslims under Common Law by Salim Farrar,Ghena Krayem Pdf

The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.

Islamic Law in Europe?

Andrea Büchler
Islamic Law in Europe Book PDF

Author : Andrea Büchler
Publisher : Routledge
Page : 168 pages
File Size : 46,6 Mb
Release : 2016-05-06
Category : Law
ISBN : 9781317112273

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Islamic Law in Europe? by Andrea Büchler Pdf

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.

Truth and Transitional Justice

Alice Panepinto
Truth and Transitional Justice Book PDF

Author : Alice Panepinto
Publisher : Bloomsbury Publishing
Page : 280 pages
File Size : 51,8 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509921287

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Truth and Transitional Justice by Alice Panepinto Pdf

With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.

Religious Pluralism and Islamic Law

Anver M. Emon
Religious Pluralism and Islamic Law Book PDF

Author : Anver M. Emon
Publisher : OUP Oxford
Page : 384 pages
File Size : 42,7 Mb
Release : 2012-07-26
Category : Religion
ISBN : 9780199661633

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Religious Pluralism and Islamic Law by Anver M. Emon Pdf

Analysing the rules governing the treatment of foreigners in Islam and situating them in their historical, political, and legal context, this book sets out a new framework for understanding these rules as part of a wider problem of governing through law amidst pluralism.

Legal Pluralism in Central Asia

Mahabat Sadyrbek
Legal Pluralism in Central Asia Book PDF

Author : Mahabat Sadyrbek
Publisher : Routledge
Page : 238 pages
File Size : 48,5 Mb
Release : 2017-12-22
Category : Social Science
ISBN : 9781351375481

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Legal Pluralism in Central Asia by Mahabat Sadyrbek Pdf

Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan’s predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people’s deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.

Women and Shari'a Law

Elham Manea
Women and Shari a Law Book PDF

Author : Elham Manea
Publisher : Bloomsbury Publishing
Page : 314 pages
File Size : 50,9 Mb
Release : 2016-08-30
Category : Law
ISBN : 9781784537357

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Women and Shari'a Law by Elham Manea Pdf

In response to recent media controversy and public debate about legal pluralism and multiculturalism, Manea argues against what she identifies as the growing tendency for people to be treated as 'homogenous groups' in Western academic discourse, rather than as individuals with authentic voices. Building on her knowledge of the situation for women in Middle Eastern and Islamic countries, she undertakes first-hand analysis of the Islamic shari'a councils and Muslim arbitration tribunals in various British cities. Based on meetings with the leading sheikhs - including the only woman on their panels - as well as interviews with experts on extremism, lawyers and activists in civil society and women's rights groups, Manea offers an impassioned critique of legal pluralism, connecting it with political Islam and detailing the lived experiences of women in Muslim communities.

International Law and Muslim States

Dawood Adesola Hamzah
International Law and Muslim States Book PDF

Author : Dawood Adesola Hamzah
Publisher : Islamic Law in Context
Page : 0 pages
File Size : 51,7 Mb
Release : 2023-05-31
Category : Conflict of laws
ISBN : 0367679191

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International Law and Muslim States by Dawood Adesola Hamzah Pdf

This book analyses the general interaction between international law and Islamic law in the Muslim world today. It interrogates factors that often form the root of the tension between the two legal regimes. Literalist interpretations of Islamic law and the modern international law's disposition that does not give due consideration to differences among cultures and civilizations are some of these factors. This work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur'an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism, and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations, is faced with the imperative of adopting a liberal approach to interpretation of Islamic law, with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-à-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic law, international and comparative law, human rights law, and law and religion.

Human Rights Encounter Legal Pluralism

Giselle Corradi,Eva Brems,Mark Goodale
Human Rights Encounter Legal Pluralism Book PDF

Author : Giselle Corradi,Eva Brems,Mark Goodale
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 40,5 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781849467711

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Human Rights Encounter Legal Pluralism by Giselle Corradi,Eva Brems,Mark Goodale Pdf

This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.