Introduction To Middle Eastern Law

Author by : Chibli Mallat
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 590
File Size : 45,5 Mb
GET BOOK

Description : Mapping out Middle Eastern law from its earliest records to the latest decisions of Middle Eastern high courts, Mallat focuses on the way legislators and courts conceive of law and apply it, and introduces its main sources and legal concepts in a manner accessible to the non-specialist legal scholar or practitioner.


Introduction To Middle Eastern Law

Author by : Chibli Mallat
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 680
File Size : 41,5 Mb
GET BOOK

Description : Mapping out Middle Eastern law from its earliest records to the latest decisions of Middle Eastern high courts, Mallat focuses on the way legislators and courts conceive of law and apply it, and introduces its main sources and legal concepts in a manner accessible to the non-specialist legal scholar or practitioner.


Introduction To Middle Eastern Law

Author by : Chibli Mallat
Languange : en
Publisher by : Oxford University Press on Demand
Format Available : PDF, ePub, Mobi
Total Read : 77
Total Download : 170
File Size : 53,7 Mb
GET BOOK

Description : Mapping out Middle Eastern law from its earliest records to the latest decisions of Middle Eastern high courts, Mallat focuses on the way legislators and courts conceive of law and apply it, and introduces its main sources and legal concepts in a manner accessible to the non-specialist legal scholar or practitioner.


Yearbook Islamic Middle Eastern

Author by : Eugene Cotran
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 87
Total Download : 768
File Size : 55,7 Mb
GET BOOK

Description : Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, -country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.


Philosophy Of Nonviolence

Author by : Chibli Mallat
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 14
Total Download : 980
File Size : 53,6 Mb
GET BOOK

Description : In 2011, the Middle East saw more people peacefully protesting long entrenched dictatorships than at any time in its history. The dictators of Tunisia, Egypt, and Yemen were deposed in a matter of weeks by nonviolent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region ever since. Beyond an uneven course in different countries, Philosophy of Nonviolence examines how 2011 may have ushered in a fundamental break in world history. The break, the book argues, is animated by nonviolence as the new spirit of the philosophy of history. Philosophy of Nonviolence maps out a system articulating nonviolence in the revolution, the rule of constitutional law it yearns for, and the demand for accountability that inspired the revolution in the first place. Part One--Revolution, provides modern context to the generational revolt, probes the depth of Middle Eastern-Islamic humanism, and addresses the paradox posed by nonviolence to the 'perpetual peace' ideal. Part Two--Constitutionalism, explores the reconfiguration of legal norms and power structures, mechanisms of institutional change and constitution-making processes in pursuit of the nonviolent anima. Part Three--Justice, covers the broadening concept of dictatorship as crime against humanity, an essential part of the philosophy of nonviolence. It follows its frustrated emergence in the French revolution, its development in the Middle East since 1860 through the trials of Arab dictators, the pyramid of accountability post-dictatorship, and the scope of foreign intervention in nonviolent revolutions. Throughout the text, Professor Mallat maintains thoroughly abstract and philosophical arguments, while substantiating those arguments in historical context enriched by a close participation in the ongoing Middle East revolution.


The Law Of The Near And Middle East

Author by : Herbert J. Liebesny
Languange : en
Publisher by : SUNY Press
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 586
File Size : 55,8 Mb
GET BOOK

Description : A systematic survey of fundamental statements of Islamic and Near Eastern law that includes selections from the writings of classic Islamic scholars, contemporary works on legal theory, and modern Middle Eastern codes. No other accessible work brings together so many useful materials on the development of Islamic law, as does this volume based on translations from a variety of languages and numerous sources, all of which are identified. Because of the important role which law plays in Islamic culture, some acquaintance with legal developments is indispensible if one is to gain a rounded picture of Islamic culture.


Courts Codes And Custom

Author by : Dana Zartner
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 438
File Size : 40,6 Mb
GET BOOK

Description : Why is it that some countries comply with international laws, while others disregard them? Courts, Codes, and Custom argues that the degree to which states accept and comply with international legal norms is rooted in a country's domestic legal tradition. Offering a novel cultural-institutional theory to explain this variation, Dana Zartner looks specifically at state policy towards international human rights and environmental law. A state's legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, providing both direct and indirect influence on state policy. In the book, Zartner disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. This provides explanation for both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory, she presents a series of comparative case studies. These studies fall under five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). Zartner addresses a number of different themes, including the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.


The Rule Of Law Freedom Of Expression And Islamic Law

Author by : Hossein Esmaeili
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 744
File Size : 49,5 Mb
GET BOOK

Description : The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.


Yearbook Of Islamic And Middle Eastern Law

Author by : Eugene Cotran
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 59
Total Download : 436
File Size : 49,7 Mb
GET BOOK

Description : The Yearbook of Islamic and Middle Eastern Law is the flagship publication of the Centre of Islamic and Middle Eastern Law (CIMEL) of the school of Oriental and African Studies (SOAS) in London. It is increasingly regarded as the leading international forum for commentary on, and analysis of, emerging issues in a field of study of everincreasing global significance. There is no more useful and thorough pricis of what has happened in Islamic and Middle Eastern law over the last year. With Volume 8 -and the advent of Martin Lau as co-editor with Eugene Cotran- the Yearbook begins an expansion of its purview into non-Arab Islamic countries, beginning in this volume with essays covering issues in Afghanistan and Kenya. The Yearbook will continue to be an authorative source of insightful commentary and scholarship on relevant developments wherever the influence of Islamic law is felt.


Changing God S Law

Author by : Nadjma Yassari
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 533
File Size : 41,6 Mb
GET BOOK

Description : This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.


Issues In Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 31
Total Download : 747
File Size : 43,9 Mb
GET BOOK

Description : Islamic substantive law, otherwise called branches of the law (furu? al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ?cultivation? (istithmar), whereby the qualified jurist (mujtahid), as the ?cultivator?, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ?fruits? (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.


Paths To The Middle East

Author by : Thomas Naff
Languange : en
Publisher by : SUNY Press
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 481
File Size : 49,5 Mb
GET BOOK

Description : The field of Middle East studies is undergoing a generational change in academia, government, and the corporate community. The men and women who trained the present generation of scholars and who shaped government and corporate policies toward the Middle East after World War II have begun to retire, and unfortunately some have recently died. To preserve their insights into the past and their visions of the future, Thomas Naff asked a number of major Islamic and Middle East scholars to provide their perspectives and views in a short, personal summation of their careers. This book is a compilation of their responses. It provides a unique evaluation of the last 30 or 40 years by ten of the most distinguished pioneers representing key branches of the field. Pierre Cachia, Albert Hourani, J.C. Hurewitz, Halil Inalcik, Charles Issawi, Ernest McCarus, George Makdisi, Don Peretz, Dankwart A. Rustow, and Farhat J. Ziadeh have provided their perspectives on the past and present, their visions of future paths to be explored, and their wisdom drawn from decades of experience and scholarship. Whatever didacticism is offered in this book is not formal. Lessons, insights, wisdom, and inspiration are almost invisibly woven into the fabric of fascinating biographical narrative told with wit, style, self-effacement, and candor.


Minority Rights In The Middle East

Author by : Joshua Castellino
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 482
File Size : 50,7 Mb
GET BOOK

Description : Minority rights in the Middle East are subject to different legal regimes: national law and international law, as well as Islamic law. This book investigates the treatment of ethnic and religious minorities in the region both from a historical and contemporary perspective, before addressing three case studies: Iraq, Syria, and Lebanon.


Islamic Legal Revival

Author by : Leonard Wood
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 60
Total Download : 568
File Size : 53,5 Mb
GET BOOK

Description : In this meticulously researched volume, Leonard Wood presents his ground breaking history of Islamic revivalist thought in Islamic law. Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1879-1952 brings to life the tumultuous history of colonial interventions in Islamic legal consciousness during the nineteenth and early twentieth centuries. It tells the story of the rapid displacement of local Egyptian and Islamic law by transplanted European codes and details the evolution of resultant movements to revive Islamic law. Islamic legal revivalist movements strove to develop a modern version of Islamic law that could be codified and would replace newly imposed European laws. Wood explains in unparalleled depth and with nuance how cutting-edge trends in European legal scholarship inspired influential revivalists and informed their methods in legal thought. Timely and provocative, Islamic Legal Revival tells of the rich achievements of legal experts in Egypt who disrupted tradition in Islamic jurisprudence and created new approaches to Islamic law that were distinctively responsive to demands of the contemporary world. The story told bears important implications for understandings of Egyptian history, Islamic legal history, comparative law, and deeply contested and highly transformative interactions between European and Islamic thought.


The Ashgate Research Companion To Islamic Law

Author by : Peri Bearman
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 701
File Size : 44,7 Mb
GET BOOK

Description : This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.


The Oxford Handbook Of Comparative Law

Author by : Mathias Reimann
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 9
Total Download : 296
File Size : 40,9 Mb
GET BOOK

Description : This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.


Islamic Law

Author by : Ahmad Atif Ahmad
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 290
File Size : 45,8 Mb
GET BOOK

Description : Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.


A Bibliography Of Islamic Law

Author by : Laila Al- Zwaini
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 69
Total Download : 893
File Size : 51,7 Mb
GET BOOK

Description : This bibliography contains some 1,600 Western-language publications on Islamic law which have appeared between 1980 and 1993.


Islamic Law And Society In The Sudan

Author by : Carolyn Fluehr-Lobban
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 573
File Size : 53,9 Mb
GET BOOK

Description : First published in 2008. Routledge is an imprint of Taylor & Francis, an informa company.


Modern Perspectives On Islamic Law

Author by : E. Ann Black
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 53
Total Download : 156
File Size : 43,5 Mb
GET BOOK

Description : '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.


Religious Liberty In Western And Islamic Law

Author by : Kristine Kalanges
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 67
Total Download : 239
File Size : 46,9 Mb
GET BOOK

Description : In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.


Demystifying Shariah

Author by : Sumbul Ali-Karamali
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 767
File Size : 40,7 Mb
GET BOOK

Description : "An explanation of shariah, the much-maligned Islamic religious law, including its development, its disruption, how it operates in the world both personally in the lives of Muslims and as law, and the misinformation campaign that has made it into a scare word"--


The Second Formation Of Islamic Law

Author by : Guy Burak
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 40
Total Download : 442
File Size : 47,7 Mb
GET BOOK

Description : The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.


The Application Of Islamic Criminal Law In Pakistan

Author by : Tahir Wasti
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 291
File Size : 44,8 Mb
GET BOOK

Description : 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.


Arab Family Studies

Author by : Suad Joseph
Languange : en
Publisher by : Syracuse University Press
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 859
File Size : 53,9 Mb
GET BOOK

Description : Family remains the most powerful social idiom and one of the most powerful social structures throughout the Arab world. To engender love of nation among its citizens, national movements portray the nation as a family. To motivate loyalty, political leaders frame themselves as fathers, mothers, brothers, or sisters to their clients, parties, or the citizenry. To stimulate production, economic actors evoke the sense of duty and mutual commitment of family obligation. To sanctify their edicts, clerics wrap religion in the moralities of family and family in the moralities of religion. Social and political movements, from the most secular to the most religious, pull on the tender strings of family love to recruit and bind their members to each other. To call someone family is to offer them almost the highest possible intimacy, loyalty, rights, reciprocities, and dignity. In recognizing the significance of the concept of family, this state-of-the-art literature review captures the major theories, methods, and case studies carried out on Arab families over the past century. The book offers a country-by-country critical assessment of the available scholarship on Arab families. Sixteen chapters focus on specific countries or groups of countries; seven chapters offer examinations of the literature on key topical issues. Joseph’s volume provides an indispensable resource to researchers and students, and advances Arab family studies as a critical independent field of scholarship.


Legal Traditions Of The World

Author by : H. Patrick Glenn
Languange : en
Publisher by : Oxford University Press (UK)
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 461
File Size : 54,9 Mb
GET BOOK

Description : Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, islamic law, common law, hindu law and confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The fifth edition covers increasing recognition of chthonic legal tradition and features new discussion on the notion of collective memory. New to this editionFeatures new discussion on the notion of collective memoryCovers increasing recognition of chthonic legal traditionIncludes new coverage of the notions of Big Data, Big History and private cloudsIncreased coverage of treatment of animals in each of the legal traditions


Yearbook Of Islamic And Middle Eastern Law Volume 14 2008 2009

Author by : Eugene Cotran
Languange : en
Publisher by : Yearbook of Islamic and Middle
Format Available : PDF, ePub, Mobi
Total Read : 75
Total Download : 890
File Size : 44,6 Mb
GET BOOK

Description : Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, - country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.


The Oxford Handbook Of Comparative Constitutional Law

Author by : Michel Rosenfeld
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 582
File Size : 40,9 Mb
GET BOOK

Description : The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.


Crime And Punishment In Islamic Law

Author by : Mohammad Hashim Kamali
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 9
Total Download : 330
File Size : 54,8 Mb
GET BOOK

Description : In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.


Islamic Law And Society

Author by : Emine Enise Yakar
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 181
File Size : 51,9 Mb
GET BOOK

Description : This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.