Women And Islamic Law In A Non Muslim State

Author : Ahron Layish
Publisher : Routledge
Page : 365 pages
File Size : 50,9 Mb
Release : 2017-09-04
Category : Religion
ISBN : 9781351471428

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Women and Islamic Law in a Non-Muslim State by Ahron Layish Pdf

This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Author : Aharon Layish
Publisher : Transaction Pub
Page : 369 pages
File Size : 41,8 Mb
Release : 2002
Category : Social Science
ISBN : 0765809834

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Women and Islamic Law in a Non-Muslim State by Aharon Layish Pdf

This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the "shari'a" courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the "shari'a" courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in "shari'a" courts, followed by social analyses and a study of the attitudes and approaches of the "qadis, " or Muslim religious judges. Layish examines the relationship between "shari'a" and Israeli legislation: Do "shari'a" courts have regard to the provisions of Israeli law? What is the relationship between "shari'a" and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the "qadis, " toward Israeli legislation? "Women and Islamic Law in a Non-Muslim State" is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Author : Aharon Layish
Publisher : Jerusalem : Israel Universities Press
Page : 369 pages
File Size : 48,6 Mb
Release : 1975
Category : Femmes - Droit - Israël
ISBN : 0706514106

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Women and Islamic Law in a Non-muslim State by Aharon Layish Pdf

Author : Ahmad Natour
Publisher : Rowman & Littlefield
Page : 223 pages
File Size : 44,5 Mb
Release : 2021-04-07
Category : Law
ISBN : 9781793640970

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Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel by Ahmad Natour Pdf

The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.

Author : Jamal J. Nasir
Publisher : BRILL
Page : 246 pages
File Size : 52,6 Mb
Release : 2009-04-24
Category : Law
ISBN : 9789047426202

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The Status of Women under Islamic Law and Modern Islamic Legislation by Jamal J. Nasir Pdf

There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fi lls an important gap left by recent and more general publications on Islamic law.

Author : Abdur Rahman I. Doi
Publisher : Unknown
Page : 236 pages
File Size : 48,9 Mb
Release : 1990
Category : Law
ISBN : UOM:39015042418577

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Women in Sharīʼah (Islamic Law) by Abdur Rahman I. Doi Pdf

Author : E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 45,8 Mb
Release : 2013-01-01
Category : Religion
ISBN : 9780857934475

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Modern Perspectives on Islamic Law by E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen Pdf

'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 : Gavin W. Jones,Chee Heng Leng,Maznah Mohamad
Publisher : Institute of Southeast Asian Studies
Page : 340 pages
File Size : 41,9 Mb
Release : 2009
Category : Family & Relationships
ISBN : 9789812308740

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Muslim-Non-Muslim Marriage by Gavin W. Jones,Chee Heng Leng,Maznah Mohamad Pdf

"This is an excellent and rare exploration of a sensitive religious issue from many perspectives _ legal, cultural and political. The case studies from Indonesia, Malaysia, Singapore and Thailand portray the important and exciting, yet very difficult, negotiation of Islamic teachings in the changing realities of Southeast Asia, home to the majority of Muslims in the world. Interreligious marriage is an important indicator of good relations between communities in religiously diverse countries. This book will also be of great interest to students and scholars of religious pluralism in a Southeast Asian context, which has not been studied adequately." - Zainal Abidin Bagir, Executive Director, Center for Religious and Cross-cultural Studies (CRCS), Gadjah Mada University, Indonesia "The issue of Muslim-non-Muslim marriages has different connotations in the different Southeast Asian states. For example, in Thailand it is more a fluid cultural issue but in Malaysia it reflects great racial schisms with severe legal implications. This book is a welcome one as it examines the issue not only from the perspectives of various Southeast Asian nations but also from so many angles; the legal, historical, social, cultural, anthropological and philosophical. The work is scholarly, yet accessible. Underlying it, there is a vital streak of humanism." - Azmi Sharom, Associate Professor, Faculty of Law, University of Malaya

Author : Jamal J. Nasir
Publisher : BRILL
Page : 290 pages
File Size : 44,5 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004480384

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The Islamic Law of Personal Status by Jamal J. Nasir Pdf

This new edition of the authoritative English-language treatment of Islamic personal status law gives practitioners and courts throughout the world direct access to this important body of law in its most up-to-date development. All Middle Eastern and North African Arab states are covered; new to this edition is coverage of recent provisions enacted in Kuwait, Yemen, and Sudan. The chapter on dissolution of marriage has been completely revised to reflect current legal interpretation and judicial practice in this rapidly changing area of Islamic law. Also new and especially valuable are English versions, for the first time anywhere, of fundamental Shiite and Jaafari legal works with the most thorough analysis and commentary available in any non-Arabic source. Dr. Nasir's much-appreciated methodology has been continued since the very successful first edition of 1986. For each topic - e.g., marriage, dower, dissolution of marriage, parentage, inheritance, and waqf - he begins with a consideration of the subject in Sharia law, and then goes on to present legislation and contemporary views, in particular Arab countries. This approach, while it clearly manifests the continuity of Islamic law respecting personal status, is of great practical value to judges and practitioners, especially those who must resolve disputes under Islamic law in non-Muslim countries.

Author : Raficq S. Abdulla,Mohamed M. Keshavjee
Publisher : Bloomsbury Publishing
Page : 270 pages
File Size : 52,6 Mb
Release : 2018-04-30
Category : Religion
ISBN : 9781786724052

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Understanding Sharia by Raficq S. Abdulla,Mohamed M. Keshavjee Pdf

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.

Author : Mona Samadi
Publisher : BRILL
Page : 234 pages
File Size : 43,8 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 : Abbas Segujja
Publisher : BoD – Books on Demand
Page : 202 pages
File Size : 42,7 Mb
Release : 2015-07-09
Category : Electronic
ISBN : 9788771706437

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Making sense of islamic law by Abbas Segujja Pdf

'The important point here is that though these stories do not necessarily have to be true beyond doubt, their existence and survival up to this day is interesting in itself. For, they bring out the very thing the different cultural environments of our scholars have, willingly or not, tried to suppress and conceal namely, that spirit of freedom and openness (of democracy, if you like) that was enjoyed by the Muslims of the first generation.' Testimonials: "An in-depth and outstanding survey of the history of Islamic Law and Its implementation in past and present Muslim societies, especially in regard to women and Muslim political thought. Abbas’ reflections challenge traditional interpretations and open up for renewal and change in the context of our present time." (Aminah Tonnsen, author and lecturer, Copenhagen.) "This book removes the mystique often considered part of Islamic law as described by most scholars. This book makes the Sharia friendly to the common person." (Hadayai Majeed, Women’s Rights Advocate, Conley GA.)

Author : Gwamna Dogara Je'adayibe
Publisher : Unknown
Page : 36 pages
File Size : 41,9 Mb
Release : 2004
Category : Christians
ISBN : STANFORD:36105123167087

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Sharia, Gender, and Rights of Non-Muslims in Northern Nigeria by Gwamna Dogara Je'adayibe Pdf

Author : Lena Larsen
Publisher : BRILL
Page : 324 pages
File Size : 41,7 Mb
Release : 2018-05-23
Category : Law
ISBN : 9789004367852

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How Muftis Think by Lena Larsen Pdf

How Muftis Think offers a wealth of new materials from the nearly unexplored field of contemporary women-related fatwas in Europe. Lena Larsen’s interviews and readings provide fascinating insights into fatwa-giving as a contribution to developing a local European Islamic jurisprudence.

Author : Kathleen Moore
Publisher : Oxford University Press
Page : 208 pages
File Size : 55,9 Mb
Release : 2010-03-18
Category : Religion
ISBN : 9780190452711

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The Unfamiliar Abode by Kathleen Moore Pdf

Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic communities. Western Muslims are therefore faced with the necessity of developing an Islamic law for Muslim communities living in non-Muslim societies. In this book, Kathleen Moore explores the development of new forms of Islamic law and legal reasoning in the US and Great Britain, as well the Muslims encountering Anglo-American common law and its unfamiliar commitments to pluralism and participation, and to gender, family, and identity. The underlying context is the aftermath of 9/11 and 7/7, the two attacks that arguably recast the way the West views Muslims and Islam. Islamic jurisprudence, Moore notes, contains a number of references to various 'abodes' and a number of interpretations of how Muslims should conduct themselves within those worlds. These include the dar al harb (house of war), dar al kufr (house of unbelievers), and dar al salam (house of peace). How Islamic law interprets these determines the debates that take shape in and around Islamic legality in these spaces. Moore's analysis emphasizes the multiplicities of law, the tensions between secularism and religiosity. She is the first to offer a close examination of the emergence of a contingent legal consciousness shaped by the exceptional circumstances of being Muslim in the U.S and Britain in the 1990s and the first decade of the 21st century