The Codification Of Islamic Criminal Law In The Sudan
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The Codification of Islamic Criminal Law in the Sudan by Olaf Köndgen Pdf
In The Codification of Islamic Criminal Law in the Sudan, Olaf Köndgen offers an in-depth analysis of Islamic criminal law in the Sudan through the penal codes of 1983 and 1991; he examines their application and interpretations in the case law of the Sudan’s Supreme Court.
The Reinstatement of Islamic Law in Sudan under Numayrī by Aharon Layish,Gabriel R. Warburg Pdf
The present study examines President Ja'far Numayrī's experiment of reinstating Islamic law in the Sudan and the methods employed to this end, in the light of its historical context and sources of inspiration. Islamist legislation, legal circulars and judicial practice are here utilized as source material for the analysis of the methodology employed in Numayrī's experiment and its application with a view to evaluating their impact on the uncodified Islamic law, state control of public morals, and on Sudanese society and economy. The focus of attention here is the judge as an instrument for implementing the government's Islamist policy by means of expanded judicial discretion based on a synthesis of traditional Islamic and modern non-Islamic sources of law. The book is intended for Islamists, legal historians, and lawyers.
A Bibliography of Islamic Criminal Law by Olaf Köndgen Pdf
Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Islamic Criminal Law in Northern Nigeria by Gunnar J. Weimann Pdf
Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.
The Oxford Handbook of Criminal Law by Markus D Dubber,Tatjana Hörnle Pdf
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
The Application of Islamic Criminal Law in Pakistan by Tahir Wasti Pdf
No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.
Sharia Law In The Twenty-first Century by Muhammad Khalid Masud Pdf
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.
The Normalization of Saudi Law by Chibli Mallat Pdf
"At the turn of the 20th century, a minor principality with a kingly ambition emerged from the victorious occupation of the strategic town of Riyadh by a small group of warriors led by a young man, 'Abd al-'Aziz ibn 'Abd al-Rahman Al Faysal Al Sa'ud. In the qualification of the city-oasis - riyad in Arabic is plural for rawda, green pasture, meadow, orchard - the word 'strategic' is retrospective. No one paid attention to yet another raid in the middle of the Arabian desert - a ghazwa, the tribal conquest of time immemorial. The raiders were local protagonists, according to Saudi lore some sixty members of the followers of ibn Saud, as he became known in the West many years later, battling their Rashid rivals whom they dislodged from the oasis and its surroundings. It seemed then to be the continuation of a small, insignificant turf war between tribal protagonists who had been at it for at least two centuries"--
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".
Shariʿa, Justice and Legal Order by Rudolph Peters Pdf
Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods
Queer lawfare in Africa: Legal strategies in contexts of LGBTIQ+ criminalisation and politicisation by Adrian Jjuuko,Siri Gloppen,Alan Msosa ,Frans Viljoen Pdf
About the publication This book focuses on the strategies that activists for LGBTIQ+ equality in Africa deploy to challenge deep seated homophobia and transphobia, as well as the politicisation of LGBTIQ+ issues. It is a peer-reviewed, edited volume with scholarly contributions from lawyers, anthropologists, and LGBTIQ+ activists. It covers different country situations – those where equality is taking root, as the case is in South Africa, Botswana and Mozambique; those where homophobia reigns and LGBTIQ+ rights are politicised such as, Ghana, Kenya, Malawi, Nigeria, Senegal, Uganda, and Zambia; and those where traditional LGBTIQ+ activism is almost a nonstarter, such as in Ethiopia, Sudan and The Gambia. Table of Contents Acknowledgments Acronyms and abbreviations Introduction Queer lawfare in Africa: Introduction and theoretical framework Siri Gloppen, Adrian Jjuuko, Frans Viljoen & Alan Msosa PART I: LAWFARE IN THE CONTEXT OF LIBERALISATION AND PROTECTION OF THE SEXUAL RIGHTS OF LGBT PEOPLE IN AFRICA Chapter 1 War by other means: The law and politics of sexual minority freedom in post-apartheid South Africa Jaco Barnard-Naudé & Pierre de Vos Chapter 2 Progressive legislation in the context of generalised conservative public opinion: The case of LGBT rights in Mozambique Carmeliza Rosário & Camila Gianella Chapter 3 Queer lawfare in Botswana Monica Tabengwa & Anthony Oluoch PART II: LAWFARE IN THE CONTEXT OF ACTIVE POLITICISATION Chapter 4 Queer lawfare in Kenya: Shifting opportunities for rights realisation Nicholas Wasonga Orago, Siri Gloppen & Matthew Gichohi Chapter 5 Court focused lawfare over LGBT rights: The case of Uganda Adrian Jjuuko & Stella Nyanzi Chapter 6 LGBT+ rights lawfare in Malawi Alan Msosa & Chrispine Gwalawala Sibande Chapter 7 Against ‘the order of nature’: Towards the growth of queer lawfare in Nigeria Ayodele Sogunro PART III: LAWFARE IN THE CONTEXT OF RELIGIOUS AND CULTURAL NATIONALISM Chapter 8 LGBT lawfare in response to heterosexual nationalism and the retention of the anti-sodomy laws in Zambia Landilani Banda Chapter 9 LGBTQI+ lawfare in response to the politicisation of homosexuality in Ghana Ernest Yaw Ako & Amanda Odoi Chapter 10 Senegal: Mobilising for gay rights in the shadow of HIV/AIDS Vegard Vibe Chapter 11 From a ‘crusade to root out homosexuality like malaria’ to a ‘non-issue’: The absence of sexual minority lawfare in The Gambia Satang Nabaneh Chapter 12 Digital lawfare and activism by lesbian, gay and bisexual persons in Ethiopia Getnet Tadele & Woldekidan Amde Chapter 13 Activism from the closet: Fear of a double backlash against a nascent queer movement in Sudan Liv Tønnessen, Samia al-Nagar & Samah Khalaf Allah Conclusion The kaleidoscope of queer lawfare in Africa Adrian Jjuuko, Frans Viljoen, Siri Gloppen & Alan Msosa
American Journal of Islam and Society (AJIS) - Volume 37 Issues 1-2 by Andrew F. March,Atif Suhail Siddiqui,Emad Hamdeh,Akhmad Akbar Susamto,Abu Zayd,Marion Holmes Katz,Asma M. Abdel Halim,Joshua Mugler,Maria Magdalena-Fuchs,Thomas Parker,Tayyaba Rafiq,Umar Shareef,Omar Anchassi,Moiz Mohammed,Saman Fazeli,Mohammed Rustom Pdf
You will notice the new name of our journal, American Journal of Islam and Society (AJIS), that has replaced the older American Journal of Islamic Social Sciences (AJISS). Now in its thirty-seventh year, the journal has evolved along with the scholarly landscape and our global community of readers. The new name reflects an expansion of the journal’s scope, which has in fact already reflected in the articles it has featured for years. This change signals that social sciences and humanities are interrelated and that an Islamic engagement with one requires examining the other; we therefore wish to underscore that we welcome all scholarship that pertains to the myriad ways in which Islam and human societies interact. Furthermore, in order to optimize our resources and further improve the quality of the content, the journal will henceforth be published biannually rather than every quarter. Ovamir Anjum Editor
