Land Law and Islam

Land  Law and Islam
Author: Hilary Lim
Publsiher: Zed Books Ltd.
Total Pages: 256
Release: 2013-07-18
ISBN: 1848137206
Category: Law
Language: EN, FR, DE, ES & NL

Land Law and Islam Book Excerpt:

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.

The Islamic Law on Land Tax and Rent

The Islamic Law on Land Tax and Rent
Author: Baber Johansen
Publsiher: Routledge
Total Pages: 152
Release: 2016-11-10
ISBN: 131531259X
Category: Religion
Language: EN, FR, DE, ES & NL

The Islamic Law on Land Tax and Rent Book Excerpt:

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.

Land Law and Islam

Land  Law and Islam
Author: Siraj Sait,Hilary Lim
Publsiher: Zed Books
Total Pages: 241
Release: 2006-10
ISBN: 9781842778135
Category: Law
Language: EN, FR, DE, ES & NL

Land Law and Islam Book Excerpt:

This pioneering work addresses Islamic property and land rights by drawing on a range of socio-historical, classical and contemporary debates. The authors consider the possibilities for inclusive and pro-poor approaches to land rights within Islamic legal and human rights systems.

Islamic Law and Civil Code

Islamic Law and Civil Code
Author: Richard A. Debs
Publsiher: Columbia University Press
Total Pages: 191
Release: 2010
ISBN: 023115044X
Category: Social Science
Language: EN, FR, DE, ES & NL

Islamic Law and Civil Code Book Excerpt:

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.

International Law and Islam

International Law and Islam
Author: Ignacio de la Rasilla del Moral,Ayesha Shahid
Publsiher: BRILL
Total Pages: 374
Release: 2018-12-10
ISBN: 9004388370
Category: Law
Language: EN, FR, DE, ES & NL

International Law and Islam Book Excerpt:

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.

Feminist Perspectives on Land Law

Feminist Perspectives on Land Law
Author: Hilary Lim,Anne Bottomley
Publsiher: Routledge
Total Pages: 346
Release: 2007-04-11
ISBN: 1135335036
Category: Law
Language: EN, FR, DE, ES & NL

Feminist Perspectives on Land Law Book Excerpt:

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.

Anthropology of Law in Muslim Sudan

Anthropology of Law in Muslim Sudan
Author: Barbara Casciarri,Mohamed A. Babiker
Publsiher: BRILL
Total Pages: 344
Release: 2018-04-05
ISBN: 9004362185
Category: Social Science
Language: EN, FR, DE, ES & NL

Anthropology of Law in Muslim Sudan Book Excerpt:

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.

Land Law Reform in Eastern Africa Traditional or Transformative

Land Law Reform in Eastern Africa  Traditional or Transformative
Author: Patrick McAuslan
Publsiher: Routledge
Total Pages: 286
Release: 2013-06-26
ISBN: 1134616287
Category: Law
Language: EN, FR, DE, ES & NL

Land Law Reform in Eastern Africa Traditional or Transformative Book Excerpt:

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.

War and Peace in the Law of Islam

War and Peace in the Law of Islam
Author: Majid Khadduri
Publsiher: The Lawbook Exchange, Ltd.
Total Pages: 321
Release: 2006
ISBN: 1584776951
Category: History
Language: EN, FR, DE, ES & NL

War and Peace in the Law of Islam Book Excerpt:

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

Muslims in Non Muslim Lands

Muslims in Non Muslim Lands
Author: Amjad M. Mohammed
Publsiher: Mitchell Beazley
Total Pages: 225
Release: 2013
ISBN: 9781903682753
Category: Religion
Language: EN, FR, DE, ES & NL

Muslims in Non Muslim Lands Book Excerpt:

Due to mass migration over a number of decades, many Muslims today find themselves residing as minorities in Western secular nations and as a result are searching for answers in order to live within these societies yet remain true to their faith. This book sets out to counter the idea that there are only two possibilities for Muslim minorities—isolation or assimilation—by arguing that traditional Islamic law, or fiqh as it is found in the classical schools of law, is not outdated or too inflexible to be utilized in the 21st century and that rather it can provide the means for Muslims to integrate within secular societies while maintaining a link to the sources of their religion and its legal rulings. Amjad M. Mohammed demonstrates how Islamic law, as interpreted by the Hanafi School of Law, is a multifaceted, complex legal system that takes into account both the individual’s situation and the society’s culture and customs. The concept of diyar, or political-legal jurisdictions, is discussed with special emphasis on the criteria for the application of dar al-Islam (Muslim state), dar-al-sulh (peace-treaty state), and dar al-harb (enemy state). A number of rulings for different situations that confront Muslim minorities are also included, such as working with illegal products or services, halal meat, food additives, medicines and medical interventions, financial transactions, and political participation.

Islamic Law in Malaysia

Islamic Law in Malaysia
Author: Adnan Trakic,Hanifah Haydar Ali Tajuddin
Publsiher: Springer Nature
Total Pages: 158
Release: 2021-03-16
ISBN: 9813361875
Category: Law
Language: EN, FR, DE, ES & NL

Islamic Law in Malaysia Book Excerpt:

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.

Islamic Water Land and Hydro environmental Laws

Islamic Water  Land  and Hydro environmental Laws
Author: S. Waqar Ahmed Husaini
Publsiher: Unknown
Total Pages: 186
Release: 2013
ISBN: 1928374650XXX
Category: Environmental law (Islamic law)
Language: EN, FR, DE, ES & NL

Islamic Water Land and Hydro environmental Laws Book Excerpt:

Islamic Law on Peasant Usufruct in Ottoman Syria

Islamic Law on Peasant Usufruct in Ottoman Syria
Author: Sabrina E. Joseph
Publsiher: Unknown
Total Pages: 210
Release: 2012
ISBN: 9786613591494
Category: BUSINESS & ECONOMICS
Language: EN, FR, DE, ES & NL

Islamic Law on Peasant Usufruct in Ottoman Syria Book Excerpt:

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.

Contingency in a Sacred Law

Contingency in a Sacred Law
Author: Baber Johansen
Publsiher: BRILL
Total Pages: 548
Release: 1999
ISBN: 9789004106031
Category: Religion
Language: EN, FR, DE, ES & NL

Contingency in a Sacred Law Book Excerpt:

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.

Islamic Law in Africa

Islamic Law in Africa
Author: J. N. D. Anderson
Publsiher: Unknown
Total Pages: 434
Release: 2008
ISBN: 1928374650XXX
Category: Religion
Language: EN, FR, DE, ES & NL

Islamic Law in Africa Book Excerpt:

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.

Muslim Christian Land

Muslim Christian Land
Author: Jainal D. Rasul
Publsiher: Unknown
Total Pages: 97
Release: 1979
ISBN: 1928374650XXX
Category: Islam
Language: EN, FR, DE, ES & NL

Muslim Christian Land Book Excerpt:

Islamic Law in Palestine and Israel

Islamic Law in Palestine and Israel
Author: Eisenman
Publsiher: BRILL
Total Pages: 135
Release: 2022-04-25
ISBN: 9004491422
Category: Social Science
Language: EN, FR, DE, ES & NL

Islamic Law in Palestine and Israel Book Excerpt:

Islamic Law RLE Politics of Islam

Islamic Law  RLE Politics of Islam
Author: Aziz Al-Azmeh
Publsiher: Routledge
Total Pages: 259
Release: 2013-06-03
ISBN: 113461005X
Category: Reference
Language: EN, FR, DE, ES & NL

Islamic Law RLE Politics of Islam Book Excerpt:

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.

Diverging Paths

Diverging Paths
Author: John Hudson,Ana Rodríguez López
Publsiher: BRILL
Total Pages: 456
Release: 2014-08
ISBN: 9004277870
Category: History
Language: EN, FR, DE, ES & NL

Diverging Paths Book Excerpt:

"Diverging Paths?" provides a wide-ranging comparative analysis of institutions, power, and social relations in medieval Christendom and Islam.

Comparing Religions Through Law

Comparing Religions Through Law
Author: Jacob Neusner,Tamara Sonn
Publsiher: Routledge
Total Pages: 280
Release: 2002-03-11
ISBN: 1134647751
Category: Religion
Language: EN, FR, DE, ES & NL

Comparing Religions Through Law Book Excerpt:

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.