Shari A And The Constitution In Contemporary Legal Models

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
Page : 304 pages
File Size : 40,5 Mb
Release : 2024
Category : Comparative law
ISBN : 9783031378362

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

Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea

Author : Abbas Amanat
Publisher : Stanford University Press
Page : 272 pages
File Size : 45,7 Mb
Release : 2007-09-17
Category : Religion
ISBN : 0804756392

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Shari’a by Abbas Amanat Pdf

A survey and analysis of what Shari’a, or Islamic law, means for Muslims today.

Author : Jan Michiel Otto
Publisher : Unknown
Page : 676 pages
File Size : 50,5 Mb
Release : 2010
Category : Comparative law
ISBN : 9774164342

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Sharia and National Law by Jan Michiel Otto Pdf

Author : Federico Lorenzo Ramaioli
Publisher : Springer Nature
Page : 296 pages
File Size : 52,8 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 : Tilmann Röder (J.)
Publisher : Oxford University Press
Page : 755 pages
File Size : 49,6 Mb
Release : 2012-02-16
Category : LAW
ISBN : 9780199759880

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Constitutionalism in Islamic Countries: Between Upheaval and Continuity by Tilmann Röder (J.) Pdf

Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."

Author : Baudouin Dupret
Publisher : Oxford University Press
Page : 246 pages
File Size : 42,9 Mb
Release : 2018-05-01
Category : Social Science
ISBN : 9781787380905

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What is the Sharia? by Baudouin Dupret Pdf

In the West, "sharia" often calls to mind antiquated laws founded upon gender discrimination and barbaric punishments. In the East, for some it means the ideal standards by which Muslims strive to live; for others, it is the greatest obstacle to modernization of their societies. These clashing views sometimes lead to violence. Clarification of the term has therefore become an urgent necessity. Sharia is all of these things and much more. It is the legal system of Islam, a series of guidelines and prohibitions. But it is also a concept invested with a whole range of meanings, from the virtuous attributes of an "'ideal"' society, to the confinement of particular elements to otherness and adversity. Moving through history, society and Islamic thought to explore the sources of sharia law, Baudouin Dupret gets to the heart of its uses and abuses in the twentieth and twenty-first centuries. This short, accessible book provides an invaluable guide for those seeking to understand a matter more complex and pressing today than ever before.

Author : Mark Fathi Massoud
Publisher : Cambridge University Press
Page : 391 pages
File Size : 46,6 Mb
Release : 2021-05-27
Category : History
ISBN : 9781108832786

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Shari‘a, Inshallah by Mark Fathi Massoud Pdf

Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.

Author : Mona Samadi
Publisher : BRILL
Page : 234 pages
File Size : 50,8 Mb
Release : 2021-05-25
Category : Law
ISBN : 9789004446953

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Advancing the Legal Status of Women in Islamic Law by Mona Samadi Pdf

Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.

Author : Susanna Mancini
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 43,5 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781786439291

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Constitutions and Religion by Susanna Mancini Pdf

Constitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders.

Author : Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade
Publisher : Taylor & Francis
Page : 287 pages
File Size : 54,6 Mb
Release : 2023-07-31
Category : Political Science
ISBN : 9781000914139

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Decolonizing Constitutionalism by Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade Pdf

The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.

Author : Lu’ayy Minwer Al-Rimawi
Publisher : Kluwer Law International B.V.
Page : 356 pages
File Size : 49,5 Mb
Release : 2012-02-01
Category : Law
ISBN : 9789041141927

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Raising Capital on Arab Equity Markets by Lu’ayy Minwer Al-Rimawi Pdf

This first book of its kind discusses in particular the role of investor protection as regards disclosure when issuers are offering securities to the public, with full descriptions of the securities markets and stock exchanges in seventeen Arab jurisdictions. In two interrelated parts it examines both the regional macroeconomic matrix and a detailed case study (that of Jordan) in order to analyse the development and characteristics of an Arab regulatory model. Among the important issues and topics arising in the course of the analysis are the following: relevance of international regulatory standards to Arab securities markets; mandatory versus voluntary securities disclosure; the fundamentals of the Islamic financial system, role of riba and gharar, nature and impact of Shari’a’s unquantifiable juridical risks on the modus operandi of Arab securities markets; macroeconomic adjustment policies and structural adjustment programmes in several Arab countries; recent economic and Arab capital markets impact in the wake of the ‘Arab Spring’; extent of different countries’ reliance on Shari’a as a constitutional source; constitutional challenges to the imposition of interest; the need for the positive law to compel securities disclosure under Shari’a; shareholders’ remedies when suing for fraud or negligent misstatements; liability for misleading or inaccurate disclosure (under the general law of the UK and a selected Arab jurisdiction); prospectus liability under the statutory regime of the UK and an Arab regulatory regime; bars to rescission of contract: Comparative UK and Shari'a aspects; and Arab, UK regulatory agencies' enforcement, prosecutorial, administrative and civil remedies. The author closely examines various instruments deployed for conveying securities disclosure and dissemination of information, and looks extensively at relevant rulings as enunciated by an Arab court of cassation. He then constructs a model of an effective securities disclosure regime in order to provide better investor protection for shareholders under Shari’a. 'Among the strengths of Dr Lu’ayy Minwer Al-Rimawi’s book is the fact that at all times he adopts a comparative approach, not only as between different Arab systems, but also with an appreciation of the legal position in the UK and the European Union and elsewhere’ [The Hon. Mr Justice Sir William Blair Q.C., High Court Judge in the UK and Chairman of the Qatar Financial Centre Regulatory Tribunal]. As the first in-depth discussion of the regulation of Arab capital markets in English, with an eye to international standards and the policy issues involved – and with attention focused on the central question of how the law can properly protect investors – this book will commend itself to all those with an interest in securities markets in the Arab world.

Author : Adam Possamai,James T Richardson,Bryan S. Turner
Publisher : Springer
Page : 328 pages
File Size : 44,9 Mb
Release : 2014-12-04
Category : Social Science
ISBN : 9783319096056

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The Sociology of Shari’a: Case Studies from around the World by Adam Possamai,James T Richardson,Bryan S. Turner Pdf

This edited volume offers a collection of papers that present a comparative analysis of the development of Shari’a in countries with Muslim minorities, such as America, Australia, Germany, and Italy, as well as countries with Muslim majorities, such as Malaysia, Bangladesh, Turkey, and Tunisia. The Sociology of Shari’a provides a global analysis of these important legal transformations and analyzesthe topic from a sociological perspective. It explores examples of non-Western countries that have a Muslim minority in their populations, including South Africa, China, Singapore, and the Philippines. In addition, the third part of the book includes case studies that explore some ground-breaking theories on the sociology of Shari’a, such as the application of Black, Chambliss, and Eisenstein’s sociological perspectives.

Author : Khaled Abou El Fadl
Publisher : Rowman & Littlefield
Page : 557 pages
File Size : 42,9 Mb
Release : 2014-10-23
Category : Religion
ISBN : 9781442238442

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Reasoning with God by Khaled Abou El Fadl Pdf

In light of recent concern over Shari’ah, such as proposed laws to prohibit it in the United States and conflict over the role it should play in the new Egyptian constitution, many people are confused about the meaning of Shari‘ah in Islam and its role in the world today. In Reasoning with God, renowned Islamic scholar Khaled Abou El Fadl explains not only what Shari‘ah really means, but also the way it can revitalize and reengage contemporary Islam. After a prologue that provides an essential overview of Shari‘ah, Abou El Fadl explores the moral trajectory of Islam in today’s world. Weaving powerful personal stories with broader global examples, he shows the ways that some interpretations of Islam today have undermined its potential in peace and love. Rather than simply outlining challenges, however, the author provides constructive suggestions about how Muslims can reengage the ethical tradition of their faith through Shari‘ah. As the world’s second largest religion, Islam remains an important force on the global stage. Reasoning with God takes readers—both Muslim and non-Muslim—beyond superficial understandings of Shari‘ah to a deeper understanding of its meaning and potential.

Author : Robert W. Hefner
Publisher : Indiana University Press
Page : 312 pages
File Size : 41,5 Mb
Release : 2016-08-29
Category : Religion
ISBN : 9780253022608

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Shari'a Law and Modern Muslim Ethics by Robert W. Hefner Pdf

Many Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of shari`a law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.

Author : Oussama Arabi
Publisher : BRILL
Page : 236 pages
File Size : 43,6 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004480704

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Studies in Modern Islamic Law and Jurisprudence by Oussama Arabi Pdf

This book shows 19th and 20th century Islamic Law as a dynamic process casting its net into the 21th century and shaping of major constitutional and legal developments in the Arab and Muslim worlds. The introduction and nine chapters of this volume provide insight into the ongoing transformation of the Shari'a into the law of a nation-state. The book contains studies on Marriage and Divorce, Contract Law in the new Civil Codes of Egypt, Iraq and Syria; the ideological springs of Muhammed 'Abduh's visionary program for the reconstruction of Shari'a, the place of Islamic law in the judicial doctrine and policy of the Egyptian State and Legal Capacity.