The Reinstatement Of Islamic Law In Sudan Under Numayrī

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The Reinstatement of Islamic Law in Sudan under Numayrī

Aharon Layish,Gabriel R. Warburg
The Reinstatement of Islamic Law in Sudan under Numayr Book PDF

Author : Aharon Layish,Gabriel R. Warburg
Publisher : BRILL
Page : 372 pages
File Size : 43,5 Mb
Release : 2021-11-08
Category : Law
ISBN : 9789004491168

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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.

The Codification of Islamic Criminal Law in the Sudan

Olaf Köndgen
The Codification of Islamic Criminal Law in the Sudan Book PDF

Author : Olaf Köndgen
Publisher : BRILL
Page : 492 pages
File Size : 51,9 Mb
Release : 2017-11-01
Category : Law
ISBN : 9789004357082

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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.

Islamic Law, Tribal Customary Law and Waqf

Aharon Layish
Islamic Law Tribal Customary Law and Waqf Book PDF

Author : Aharon Layish
Publisher : BRILL
Page : 648 pages
File Size : 42,7 Mb
Release : 2023-10-30
Category : Law
ISBN : 9789004680920

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Islamic Law, Tribal Customary Law and Waqf by Aharon Layish Pdf

In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.

Sharīʿa and the Islamic State in 19th-Century Sudan

Aharon Layish
Shar a and the Islamic State in 19th Century Sudan Book PDF

Author : Aharon Layish
Publisher : BRILL
Page : 370 pages
File Size : 46,8 Mb
Release : 2016-08-22
Category : Religion
ISBN : 9789004313996

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Sharīʿa and the Islamic State in 19th-Century Sudan by Aharon Layish Pdf

The Sudanese Mahdī headed a millenarian, revivalist, reformist movement, strongly inspired by Salafī and Ṣūfī ideas in the late 19th century. He established a Caliphate and created a unique legal methodology and doctrine to promote his political and social agenda.

Islamic Legal Thought

David Powers,Susan Spectorsky,Oussama Arabi
Islamic Legal Thought Book PDF

Author : David Powers,Susan Spectorsky,Oussama Arabi
Publisher : BRILL
Page : 606 pages
File Size : 46,9 Mb
Release : 2013-10-09
Category : Law
ISBN : 9789004255883

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Islamic Legal Thought by David Powers,Susan Spectorsky,Oussama Arabi Pdf

In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.

Legal Documents as Sources for the History of Muslim Societies

Anonim
Legal Documents as Sources for the History of Muslim Societies Book PDF

Author : Anonim
Publisher : BRILL
Page : 331 pages
File Size : 54,5 Mb
Release : 2017-06-06
Category : Law
ISBN : 9789004343733

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Legal Documents as Sources for the History of Muslim Societies by Anonim Pdf

This volume examines the use of legal documents for the history of Muslim societies, presenting case studies from different periods and areas of the Muslim world from medieval Iran and Egypt to contemporary Yemen and Morocco, and involving multiple disciplinary approaches.

Between God and the Sultan

Knut S. Vikør
Between God and the Sultan Book PDF

Author : Knut S. Vikør
Publisher : Oxford University Press, USA
Page : 406 pages
File Size : 50,9 Mb
Release : 2005
Category : Law
ISBN : 0195223985

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Between God and the Sultan by Knut S. Vikør Pdf

The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.

Family Dispute Resolution from a Cultural Perspective

Buol Garang Anyieth Juuk
Family Dispute Resolution from a Cultural Perspective Book PDF

Author : Buol Garang Anyieth Juuk
Publisher : Cambridge Scholars Publishing
Page : 198 pages
File Size : 54,5 Mb
Release : 2023-07-26
Category : Law
ISBN : 9781527528734

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Family Dispute Resolution from a Cultural Perspective by Buol Garang Anyieth Juuk Pdf

Family dispute resolution is the central theme of this book. The book contributes to the growing body of research on non-Australian perspectives of South Sudanese settlement in Australia in a unique way; while other researchers have highlighted several of the settlement problems faced by South Sudanese former refugees, none have focused on the important issue of how family law problems are resolved. This book will also make a vital contribution to our understanding of how the Australian legal system works (or does not work) within the context of legal pluralism. Ultimately, this book will strengthen our understanding of social integration and family well-being of South Sudanese families and other groups in Australia.

Law's Fragile State

Mark Fathi Massoud
Law s Fragile State Book PDF

Author : Mark Fathi Massoud
Publisher : Cambridge University Press
Page : 305 pages
File Size : 51,7 Mb
Release : 2013-05-27
Category : Law
ISBN : 9781107026070

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Law's Fragile State by Mark Fathi Massoud Pdf

This book uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.

Constitution-making and Human Rights in the Sudans

Lutz Oette,Mohamed Abdelsalam Babiker
Constitution making and Human Rights in the Sudans Book PDF

Author : Lutz Oette,Mohamed Abdelsalam Babiker
Publisher : Routledge
Page : 218 pages
File Size : 42,8 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781317227915

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Constitution-making and Human Rights in the Sudans by Lutz Oette,Mohamed Abdelsalam Babiker Pdf

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.

Sharīʿa in Africa Today

John A. Chesworth,Franz Kogelmann
Shar a in Africa Today Book PDF

Author : John A. Chesworth,Franz Kogelmann
Publisher : BRILL
Page : 297 pages
File Size : 50,8 Mb
Release : 2013-11-21
Category : Social Science
ISBN : 9789004262126

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Sharīʿa in Africa Today by John A. Chesworth,Franz Kogelmann Pdf

Sharīʿa in Africa Today. Reactions and Responses explores how Islamic law has influenced relations between Muslims and Christians, through a series of case studies by young African scholars working in Sudan, Nigeria, Kenya and Tanzania

Pluralism, Transnationalism and Culture in Asian Law

Gary F Bell
Pluralism Transnationalism and Culture in Asian Law Book PDF

Author : Gary F Bell
Publisher : ISEAS-Yusof Ishak Institute
Page : 338 pages
File Size : 51,8 Mb
Release : 2017-06-12
Category : Law
ISBN : 9789814762717

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Pluralism, Transnationalism and Culture in Asian Law by Gary F Bell Pdf

“We owe much of our knowledge of legal diversity in Asia to the work of Barry Hooker, who appears early on to have appreciated its intrinsic interest and potentially global significance. His work in the field is, as the French say, incontournable; a nice combination of the unavoidable, the controlling and the greatly respected.” — H.P. Glenn span, SPAN { background-color:inherit; text-decoration:inherit; white-space:pre-wrap } To honour this great scholar, this book gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker’s scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.

Collective Liability in Islam

Nurit Tsafrir
Collective Liability in Islam Book PDF

Author : Nurit Tsafrir
Publisher : Cambridge University Press
Page : 191 pages
File Size : 45,5 Mb
Release : 2020-01-16
Category : History
ISBN : 9781108498647

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Collective Liability in Islam by Nurit Tsafrir Pdf

Provides a close analysis of theʿAqila, a group collectively liable for blood money payments, in Islamic law and history.

The Birth of a Legal Institution

Peter Hennigan
The Birth of a Legal Institution Book PDF

Author : Peter Hennigan
Publisher : BRILL
Page : 264 pages
File Size : 49,9 Mb
Release : 2003-12-01
Category : Law
ISBN : 9789047402213

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The Birth of a Legal Institution by Peter Hennigan Pdf

This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra ̓y and the Aḥkām al-Awqāf of al-Khaṣṣāf. The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions. The close textual analysis of these treatises is especially important for historians of early Islamic law.

Routledge Handbook of Religious Laws

Silvio Ferrari,Rossella Bottoni
Routledge Handbook of Religious Laws Book PDF

Author : Silvio Ferrari,Rossella Bottoni
Publisher : Routledge
Page : 372 pages
File Size : 46,8 Mb
Release : 2019-04-09
Category : Law
ISBN : 9781315518954

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Routledge Handbook of Religious Laws by Silvio Ferrari,Rossella Bottoni Pdf

Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.