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Author : Baudouin Dupret
Publisher : Cambridge University Press
Page : 329 pages
File Size : 55,9 Mb
Release : 2021-06-24
Category : Law
ISBN : 9781108845212
Dupret explores how the concept of positive law operated in the Muslim world.
Author : Raficq S. Abdulla,Mohamed M. Keshavjee
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 45,5 Mb
Release : 2018-04-30
Category : Religion
ISBN : 9781786734051
I.B.Tauris in association with the Institute of Ismaili Studies Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs. In addition to tracing the history of sharia, the book offers a critique concerning its status today. Sharia is examined with regard to particular issues that are of paramount importance in the contemporary world, such as human rights; criminal penalties, including those dealing with apostasy, blasphemy and adultery, commercial transactions, and bio-medical ethics, amongst other subjects. The authors show that sharia is a legal system underpinned by ethical principles that are open to change in different circumstances and contexts, notwithstanding the claims for `transcendental permanence' made by Islamists. This book encourages new thinking about the history of sharia and its role in the modern world.
Author : Glenn L. Roberts
Publisher : Universal-Publishers
Page : 128 pages
File Size : 42,7 Mb
Release : 2006-12
Category : Law
ISBN : 9781581123470
Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."
Author : James Norman Dalrymple Anderson
Publisher : Burns & Oates
Page : 256 pages
File Size : 42,8 Mb
Release : 1976
Category : Law
ISBN : UOM:39015005372217
Author : E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 41,7 Mb
Release : 2013-01-01
Category : Religion
ISBN : 9780857934475
'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 : Badouin Dupret,Maurits Berger,Laila Al-Zwaini
Publisher : BRILL
Page : 304 pages
File Size : 47,8 Mb
Release : 2023-03-20
Category : Law
ISBN : 9789004416628
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.
Author : Baudouin Dupret,Maurits Berger,Laila al- Zwaini
Publisher : BRILL
Page : 308 pages
File Size : 42,8 Mb
Release : 1999-01-01
Category : Law
ISBN : 9041111050
Legal pluralism: Ziad Bahaa-Eldin.
Author : Tahir Mahmood
Publisher : Unknown
Page : 504 pages
File Size : 47,6 Mb
Release : 1996
Category : Criminal law
ISBN : 8185220263
Author : Hilary Lim
Publisher : Zed Books Ltd.
Page : 270 pages
File Size : 53,7 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781848137202
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.
Author : James Norman Dalrymple Anderson
Publisher : Praeger
Page : 136 pages
File Size : 50,5 Mb
Release : 1975
Category : Law
ISBN : UVA:X000786606
Author : L. Ali Khan
Publisher : Edinburgh University Press
Page : 264 pages
File Size : 54,6 Mb
Release : 2012-09-17
Category : Religion
ISBN : 9780748675944
The book examines the challenges and limits of contemporary ijtihad in the context of diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents, including Europe and North America.
Author : Lawrence Rosen
Publisher : University of Chicago Press
Page : 293 pages
File Size : 53,9 Mb
Release : 2018-03-13
Category : Law
ISBN : 9780226511740
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 : Wael B. Hallaq
Publisher : Cambridge University Press
Page : 209 pages
File Size : 53,6 Mb
Release : 2009-07-09
Category : Law
ISBN : 9781139489300
The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Author : Vanja Hamzic
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 41,5 Mb
Release : 2015-11-23
Category : Social Science
ISBN : 9780857728180
Discrimination on the grounds of sexual orientation or gender identity is forbidden in contemporary international human rights law, yet in many interpretations of Islamic law, this is seen to contradict the tenets of Islam. Vanja Hamzic here offers a path-breaking historical and anthropological analysis of the discourses on sexual and gender diversity in the Muslim world. The first of its kind, the book sheds new light on the understanding of diversity and resistance to hegemonic visions of the self in Muslim societies. Combining first-hand ethnographic accounts of Muslims in contemporary Pakistan including the hijra community whose pluralist sexual and gender experience defy the disciplinary gaze of both international and state law with new archival research, this book provides a unique mapping of Islamic jurisprudence, court practice and social developments in the Muslim world. Hamzic provides a comprehensive look at the ways in which sexually diverse and gender-variant Muslims are seen, and see themselves, within the context of the Islamic legal tradition.
Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
Page : 329 pages
File Size : 55,5 Mb
Release : 2019
Category : Law
ISBN : 9780190064631
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--