Land Law And Islam

Author by : Hilary Lim
Languange : en
Publisher by : Zed Books Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 85
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Description : In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.


Land Law And Islam

Author by : Siraj Sait
Languange : en
Publisher by : Zed Books
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 300
File Size : 51,7 Mb
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Description : In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.


International Law And Islam

Author by : Ignacio de la Rasilla del Moral
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 73
Total Download : 187
File Size : 55,6 Mb
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Description : International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of International Law in a historical perspective.


The Islamic Law On Land Tax And Rent

Author by : Baber Johansen
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 27
Total Download : 761
File Size : 42,6 Mb
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Description : This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.


Islamic Law And Civil Code

Author by : Richard A. Debs
Languange : en
Publisher by : Columbia University Press
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 500
File Size : 46,9 Mb
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Description : Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.


War And Peace In The Law Of Islam

Author by : Majid Khadduri
Languange : en
Publisher by : The Lawbook Exchange, Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 218
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Description : Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index


Essays In African Land Law

Author by : Anonim
Languange : en
Publisher by : PULP
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 881
File Size : 50,8 Mb
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Description :


Contingency In A Sacred Law

Author by : Baber Johansen
Languange : de
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 305
File Size : 51,9 Mb
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Description : A focus on the way in which Muslim scholars of the Hanafite school of Muslim law, from the 10th-12th centuries, adapted their legal norms to changing circumstances and distinguished between legal and ethical norms, religious and legal status, legal propositions and religious judgment. The introduction links this debate to the sociology of law and spells out the distinction between theology and law in Islam.


Land Law Reform In Eastern Africa Traditional Or Transformative

Author by : Patrick McAuslan
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 659
File Size : 55,8 Mb
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Description : Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.


Islamic Law On Peasant Usufruct In Ottoman Syria

Author by : Sabrina E. Joseph
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 69
Total Download : 742
File Size : 40,6 Mb
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Description : Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership', ideas of private vs. public good, and prevailing conceptions of social and economic justice.


Islamic Law In Africa

Author by : J. N. D. Anderson
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 262
File Size : 51,8 Mb
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Description : Originally published in 1955.In many parts of Africa three different systems of laws are concurrently applied - the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.


Anthropology Of Law In Muslim Sudan

Author by : Barbara Casciarri
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 670
File Size : 44,5 Mb
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Description : Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society.


Feminist Perspectives On Land Law

Author by : Hilary Lim
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 9
Total Download : 819
File Size : 41,7 Mb
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Description : The first book to examine the critical area of land law from a feminist perspective, it provides an original and critical analysis of the gendered intersection between law and land; ranging land use and ownership in England and Wales to Botswana, Papua New Guinea and the Muslim world. The authors draw upon the diverse disciplinary fields of law, anthropology and geography to open up perspectives that go beyond the usually narrow topography and cartography of land law. Addressing an unorthodox variety of sites where questions of women's access and rights to land are raised, this book includes chapters on: shopping malls ancient monuments nature reserves housing estates the family home. An interdisciplinary and enlivening account of feminist perspectives on land law, it is an excellent addition to the bookshelves of students and researchers in legal studies, gender studies, social anthropology and social geography.


Ebu S Su Ud

Author by : Colin Imber
Languange : en
Publisher by : Stanford University Press
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Total Read : 11
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Description : The jurist Ebu's-suud (c. 1490–1574) occupies a key position in the history of Islamic law. An Ottoman tradition, which began in the seventeenth century and which modern historians often reiterate, asserts that Ebu's-suud succeeded in harmonizing the secular law with the shari 'a, creating, in effect, a new ideal Islamic legal system. This book examines the validity of this assertion. The author begins by choosing five areas of Islamic law for analysis: the Sultan and legal sovereignty; land tenure and taxation; trusts in mortmain; marriage and the family; and crimes and torts. In each of these areas, he lays out the most important rules and concepts in the Islamic juristic tradition, and then gives his translations of a selection of Ebu's-suud's writings on the topic in question, with a brief analysis. From these materials, the author suggests that readers draw their own conclusions as to whether Ebu's-suud did indeed reconcile Ottoman secular legal practice with the sacred law.


Islamic Law Rle Politics Of Islam

Author by : Aziz Al-Azmeh
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 547
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Description : This book underlines the mutability of Islamic law and attempts to relate its substantive and institutional varieties and transformations to social, political, economic and other historical circumstances. The studies in the book range from discussion of the received wisdom in Islamic law to studies of legal institutions and the theoretical means employed by Islamic law for the accommodation of changing historical circumstances. First published in 1988.


In The Shadow Of Shari Ah

Author by : Matthew J. Nelson
Languange : en
Publisher by : Hurst Publishers
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 777
File Size : 48,9 Mb
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Description : Recent events in Pakistan, and more widely in the Islamic world, have sparked an unprecedented level of interest in the relationship between Islam and democracy. Studies of Islamic law (Shari'ah) lie at the heart of this trend, but carefully researched studies of Islamic law as it actually unfolds "on the ground" remain extremely rare. This book promises to fill that gap, using a detailed study of Islamic laws in Pakistan to show exactly how the relationship between Islam, Islamic law and democracy is understood and, potentially, transformed in different cultural contexts. In the Shadow of Shari'ah reveals that Islam are neither compatible nor incompatible in any permanent or specific sense; they simply become more or less compatible owing to the historically embedded choices of individual Muslims regarding specific approaches to the law.


Islamic Law In Malaysia

Author by : Adnan Trakic
Languange : en
Publisher by : Springer Nature
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 161
File Size : 45,5 Mb
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Description : This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. Second, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on the Shafi’i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws.


The Concept Of Territory In Islamic Law And Thought

Author by : Hiroyuki Yanagihashi
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 84
Total Download : 199
File Size : 42,5 Mb
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Description : This edited volume analyses the concepts of territory as conceived of and developed in Islamic history. In legal terms the world is divided into two parts, the "dar al-Islam" governed by the Islamic "shari'a" and the "dar al-harb" which is beyond the border of "dar al-Islam." The work explores the central question of what the concepts of territory and border were like for those Muslims who were driven by their will to expand the "dar al-Islam," those who experienced vicissitudes in the course of history, or who were inspired with mystical feelings.


Great Debates In Property Law

Author by : David Cowan
Languange : en
Publisher by : Macmillan International Higher Education
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 922
File Size : 48,5 Mb
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Description : An engaging introduction to the more advanced writings on property law, designed to provide the additional insights necessary to excel in the study of the subject.


Emerging Issues In Islamic Finance Law And Practice In Malaysia

Author by : Umar A. Oseni
Languange : en
Publisher by : Emerald Group Publishing
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 181
File Size : 41,7 Mb
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Description : Through a thorough analysis of emerging legal and regulatory issues in Islamic finance law and practice in Malaysia, this exciting new study covers issues such as blockchain technology, anti-money laundering, and FinTech in Islamic finance.


Blood Land And Sex

Author by : Lyda Favali
Languange : en
Publisher by : Indiana University Press
Format Available : PDF, ePub, Mobi
Total Read : 45
Total Download : 473
File Size : 40,9 Mb
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Description : In Eritrea, state, traditional, and religious laws equally prevail, but any of these legal systems may be put into play depending upon the individual or individuals involved in a legal dispute. Because of conflicting laws, it has been difficult for Eritreans to come to a consensus on what constitutes their legal system. In Blood, Land, and Sex, Lyda Favali and Roy Pateman examine the roles of the state, ethnic groups, religious groups, and the international community in several key areas of Eritrean law -- blood feud or murder, land tenure, gender relations (marriage, prostitution, rape), and female genital surgery. Favali and Pateman explore the intersections of the various laws and discuss how change can be brought to communities where legal ambiguity prevails, often to the grave harm of women and other powerless individuals. This significant book focuses on how Eritrea and other newly emerging democracies might build pluralist legal systems that will be acceptable to an ethnically and religiously diverse population.


In The Shadow Of Shar Ah

Author by : Matthew J. Nelson
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 202
File Size : 41,9 Mb
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Description : "Matthew Nelson's work sheds new light on how the shari'ah is viewed in many local contexts, and it guides us towards a fresh perspective on the much debated relationship between Islam and democracy. Anyone interested not just in Pakistani politics but also in contemporary debates on the shari'ah and the comparative study of Muslim societies will learn much from this important book." Professor Muhammad Qasim Zaman, Princeton University.


Comparing Religions Through Law

Author by : Jacob Neusner
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 462
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Description : Comparing Religions Through Law offers a ground- breaking study which compares these two religions through shared dominant structures. In the case of Judaism and Islam the dominant structure is law. Comparing Religions Through Law presents an innovative and sometimes controversial study of the comparisons and contrasts between the two religions and offers an example of how comparative religious studies can provide grounds for mutual understanding.


The Politics Of Islamic Law

Author by : Iza R. Hussin
Languange : en
Publisher by : University of Chicago Press
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 318
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Description : "In [this book], Iza R. Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of "Islamic law." She demonstrates that not only is Islamic law not the shari{u06E5}a, but that its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society - in short, its politics - are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay - from court records to colonia and local papers to private letters and visual material - Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonia powers in multiple locations. ... Combining a genealogy of law with a political analysis of its institutional dynamics, t his book offers an up-close-look at the ways in which global transformations are realized at the local level."--Back cover.


Islamization Of Pakistan Law

Author by : Tanzil-ur-Rahman
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 68
Total Download : 484
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Description :


The Divine Bureaucracy And Disenchantment Of Social Life

Author by : Maznah Mohamad
Languange : en
Publisher by : Springer Nature
Format Available : PDF, ePub, Mobi
Total Read : 87
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Description : This book traces the expansion of Islamisation within a modern and plural state such as Malaysia. It elaborates on how elements of theology, sacred space, resources, and their interactivity with secular instruments such as legislative, electoral, and new social technological platforms are all instrumentally employed to consolidate a divine bureaucracy. The book makes the point that religious social movements and political parties are only few of the important agents of Islamisation in society. The other is the modern and secular state structure itself. Weber’s legal rational bureaucracy or Hegel’s ethical bureaucracy predominantly characterises a modern feature of governmentality. In this instance an Islamic bureaucracy is advantageously situated not only within an ambit of modernity and therefore legality, but divinity and therefore sacrality as well. This positioning gives religious state agents more salience than any other form of bureaucracy leading to their unquestioned authority in the current contexts of societies with Muslim majority rule. One of the requisites of this condition is the homogenisation of Islam followed by ring-fencing of its constituents. The latter can involve contestations with women, other genders, ‘secular’ Muslims, non-Muslims as well as dissenting Muslims with their differing truthful ‘Islams’.


Islamic Law In South East Asia

Author by : M. B. Hooker
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 77
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Description :


The Islamic Law Of Nations

Author by : Muḥammad ibn al-Ḥasan Shaybānī
Languange : en
Publisher by : JHU Press
Format Available : PDF, ePub, Mobi
Total Read : 30
Total Download : 585
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Description : From its origins Islam has been an expansionist religion, understanding itself as a matter of faith to be in a permanent state of war with the non-Muslim world. After the initial consolidation of the Islamic caliphate, however, it soon became apparent that constant military hostilities could not be sustained and that other forms of relationship with non-Muslim nations would be necessary. To reconcile the imperatives of faith with the limits of military power, Islamic scholars developed elaborate legal doctrines. In the second century of the Muslim era (eighth century C.E.), hundreds of years before the codification of international law in Europe by Grotius and others, Muhammad ibn al-Hasan al-Shaybani, an eminent jurist of the Hanafite school in present-day Iraq, wrote the first major Islamic treatise on the law of nations, Kitab al-Siyar al-Kabir. Translated with an extensive commentary by Majid Khadduri, Shaybani's Siyar describes in detail conditions for war (jihad) and for peace, principles for the conduct of military action and of diplomacy, and rules for the treatment of non-Muslims in Muslim lands. A foundational text of the leading school of law in Sunni Islam, it provides essential insights into relations between Islamic nations and the larger world from their earliest days up to the present.