Religious Liberty In Western And Islamic Law

Author by : Kristine Kalanges
Languange : en
Publisher by : Oxford University Press
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Description : Weaves together international and comparative law, religion, international relations, comparative politics, and legal history to illuminate and address the theoretical and practical dimensions of a significant human rights problem.


Religious Liberty In Western And Islamic Law

Author by : Kristine Kalanges
Languange : en
Publisher by : Oxford University Press
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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.


Current Issues In Law And Religion

Author by : Silvio Ferrari
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 18
Total Download : 690
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Description : This volume focuses on issues that have only recently come to the forefront of the discipline such as freedom from religion, ordination of homosexuals, apostasy, security and fundamentalism, issues that are linked to the common themes of secularism and globalization. Although these subjects are not new to the academic debate, they have become prominent in law and religion circles as a result of recent and rapid changes in society. The essays in this volume present multiple points of view, facilitate scholars in understanding this evolving discipline and act as a stimulus for further research.This collection gives the reader a sense of the key topics and current debates in law and religion and is of interest to law, politics, human rights, and religion scholars.


Epitaph For A Spy

Author by : Eric Ambler
Languange : en
Publisher by : Unknown
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Total Read : 59
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Description :


Muslims In The West After 9 11

Author by : Jocelyne Cesari
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 90
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Description : This book is the first systematic attempt to study the situation of European and American Muslims after 9/11, and to present a comprehensive analysis of their religious, political, and legal situations. Since 9/11, and particularly since the Madrid and London bombings of 2004 and 2005, the Muslim presence in Europe and the United States has become a major political concern. Many have raised questions regarding potential links between Western Muslims, radical Islam, and terrorism. Whatever the justification of such concerns, it is insufficient to address the subject of Muslims in the West from an exclusively counter-terrorist perspective. Based on empirical studies of Muslims in the US and Western Europe, this edited volume posits the situation of Muslim minorities in a broader reflection on the status of liberalism in Western foreign policies. It also explores the changes in immigration policies, multiculturalism and secularism that have been shaped by the new international context of the ‘war on terror’. This book will be of great interest to students of Critical Security Studies, Islamic Studies, Sociology and Political Science in general. Jocelyne Cesari is an Associate at Harvard’s Center for Middle Eastern Studies and the Center for European Studies, teaching at Harvard Divinity School and the Government Department, specializing in Islam and the Middle East.


Cruel And Usual Punishment

Author by : Nonie Darwish
Languange : en
Publisher by : Thomas Nelson
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Description : Nonie Darwish lived for thirty years in a majority Muslim nation. Everything about her life?family, sexuality, hygiene, business, banking, contracts, economics, politics, social issues, everything?was dictated by the Islamic law code known as Sharia. But Sharia isn't staying in majority Muslim nations. Darwish now lives in the West and brings a warning; the goal of radical Islam is to bring Sharia law to your country. If that happens, the fabric of Western law and liberty will be ripped in two. Under Sharia law: A woman can be beaten for talking to men who are not her relatives and flogged for not wearing a headdress Daughters, sisters, and wives can be legally killed by the men in their family Non-Muslims can be beheaded, and their Muslim killers will not receive the death penalty Certain kinds of child molestation are allowed The husband of a "rebellious" wife can deny her medical care or place her under house arrest Think it can't happen? In 2008, England?once the seat of Western liberty and now the home of many Muslim immigrants?declared that Sharia courts in Britain have the force of law. When Muslim populations reach as little as 1 or 2 percent, says Darwish, they begin making demands of the larger community, such as foot-level faucets for washing before praying in public schools, businesses, and airports. "Airports in Kansas City, Phoenix, and Indianapolis are among those who have already installed foot baths for Muslim cab drivers," writes Darwish. These demands test how far Westerners will go in accommodating the Muslim minority. How far will they push? The Organization of the Islamic Conference works to Islamize international human rights laws and apply Sharia "standards" for blasphemy to all nations. The penalty for blasphemy? Death. Weaving personal experience together with extensive documentation and research, Darwish exposes the facts and reveals the global threat posed by Sharia law. Anyone concerned about Western rights and liberties ignores her warning and analysis at their peril.


Religion State And Society

Author by : R. Ramazani
Languange : en
Publisher by : Springer
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Total Read : 85
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Description : The book examines the relationship between religion and state in a comparative perspective with special attention paid to Western and Middle-Eastern experiences. It examines the resurgence of 'fundamentalism' not only in developing nations but also in economically affluent 'post-modern' societies.


Routledge Handbook Of Law And Religion

Author by : Silvio Ferrari
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 35
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Description : The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space. This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space. Key themes within the book include: Religions symbols in the public space; Religion and security; Freedom of religion and cultural rights; Defamation and hate speech; Gender, religion and law; This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.


The Oxford Handbook Of Islamic Law

Author by : Anver M. Emon
Languange : en
Publisher by : Oxford Handbooks in Law
Format Available : PDF, ePub, Mobi
Total Read : 55
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Description : This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an idealintroduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate thecontested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.


The Confluence Of Law And Religion

Author by : Frank Cranmer
Languange : en
Publisher by : Cambridge University Press
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Total Read : 28
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Description : Since the early 1990s, politicians, policymakers, the media and academics have increasingly focused on religion, noting the significant increase in the number of cases involving religion. As a result, law and religion has become a specific area of study. The work of Professor Norman Doe at Cardiff University has served as a catalyst for this change, especially through the creation of the LLM in Canon Law in 1991 (the first degree of its type since the time of the Reformation) and the Centre for Law and Religion in 1998 (the first of its kind in the UK). Published to mark the twenty-fifth anniversary of the LLM in Canon Law and to pay tribute to Professor Doe's achievements so far, this volume reflects upon the interdisciplinary development of law and religion.


Islam Law And The Modern State

Author by : Arif A. Jamal
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 56
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Description : Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.


Religious Freedom In The Liberal State

Author by : Rex Ahdar
Languange : en
Publisher by : OUP Oxford
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Description : Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.


International Human Rights And Islamic Law

Author by : Mashood A. Baderin
Languange : en
Publisher by : OUP Oxford
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Total Read : 25
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Description : This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.


A Bibliography Of Islamic Law

Author by : Laila Al- Zwaini
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 70
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Description : This bibliography contains some 1,600 Western-language publications on Islamic law which have appeared between 1980 and 1993.


Religious Human Rights In Global Perspective

Author by : John Witte, Jr.
Languange : en
Publisher by : Wm. B. Eerdmans Publishing
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Total Read : 60
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Description : The legal traditions of Christianity, Judaism, and Islam have contributed much to the cultivation and violation of religious human rights around the world. In this volume Desmond Tutu, Martin Marty, and twenty leading scholars offer an authoritative assessment of these contributions and challenge people of all faiths to adopt "golden rules of religious liberty."


Shari A In The West

Author by : Nicholas Aroney
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 54
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Description : Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions, explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.


The Future Of Religious Freedom

Author by : Allen D. Hertzke
Languange : en
Publisher by : Oxford University Press
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Description : Based on a symposium held in Istanbul, Turkey.


Islamic Law And International Law

Author by : Emilia Justyna Powell
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 79
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Description : "Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--


Comparative International Law

Author by : Anthea Roberts
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 49
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Description : By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.


Research Handbook On Law And Religion

Author by : Rex Ahdar
Languange : en
Publisher by : Edward Elgar Publishing
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Total Read : 60
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Description : Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.


Islam Without Extremes A Muslim Case For Liberty

Author by : Mustafa Akyol
Languange : en
Publisher by : W. W. Norton & Company
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Total Read : 53
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Description : “A delightfully original take on…the prospects for liberal democracy in the broader Islamic Middle East.”—Matthew Kaminski, Wall Street Journal As the Arab Spring threatens to give way to authoritarianism in Egypt and reports from Afghanistan detail widespread violence against U.S. troops and women, news from the Muslim world raises the question: Is Islam incompatible with freedom? In Islam without Extremes, Turkish columnist Mustafa Akyol answers this question by revealing the little-understood roots of political Islam, which originally included both rationalist, flexible strains and more dogmatic, rigid ones. Though the rigid traditionalists won out, Akyol points to a flourishing of liberalism in the nineteenth-century Ottoman Empire and the unique “Islamo-liberal synthesis” in present-day Turkey. As he powerfully asserts, only by accepting a secular state can Islamic societies thrive. Islam without Extremes offers a desperately needed intellectual basis for the reconcilability of Islam and liberty.


Church And State In Western Society

Author by : Edward J. Eberle
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 89
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Description : The role of religion as a contentious and motivating force in society is examined here through the lens of the church-state dynamic in countries with three very different approaches to this crucial relationship. Focusing on the United Kingdom, where there is official recognition of one religion by the state, the United States, where law imposes a separatism between religion and the state and Germany, where there is cooperation between the church and state, this book compares these three models. It describes the components of each model, illustrates their operation and uses case law to examine what each model might learn from the other. Controversial and timely issues such as the refusal of medical treatment on religious grounds, the wearing of Islamic headscarves and ritual animal slaughter are discussed with new insight, providing a comprehensive review of varied approaches to law, government and religious freedom.


Unholy Alliance

Author by : Jay Sekulow
Languange : en
Publisher by : Simon and Schuster
Format Available : PDF, ePub, Mobi
Total Read : 30
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File Size : 53,7 Mb
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Description : The New York Times bestselling author of Rise of ISIS exposes the dangers of radical Islam and the effects it has on the American way of life in this informative and eye-opening new book. In Unholy Alliance, Jay Sekulow highlights and defines the looming threat of radical Islam. A movement born in Iran during the Islamic Revolution in 1979, radical Islam has at its heart the goal of complete world domination. As this movement has grown, Iran has entered into alliances with Syria and Russia, leading to a deadly game of geopolitical threats and violence. Not only will you better understand jihadist terror, but you will also learn about Sharia law—a legal code that removes all personal liberty and is starkly incompatible with the US Constitution. All Muslims are required to follow Sharia—as are all who live in lands controlled by Islam. It is the goal of radical Islam to see Sharia instituted across the globe. If we are to combat radical Islam’s agenda of domination, we must arm ourselves with knowledge. With carefully researched history, legal-case studies, and in-depth interviews, Unholy Alliance lays out the ideology and strategy of radical Islam, as well as the path we must take to defeat it.


Current Issues In Law And Religion

Author by : Silvio Ferrari
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 59
Total Download : 214
File Size : 41,7 Mb
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Description : This volume focuses on issues that have only recently come to the forefront of the discipline such as freedom from religion, ordination of homosexuals, apostasy, security and fundamentalism, issues that are linked to the common themes of secularism and globalization. Although these subjects are not new to the academic debate, they have become prominent in law and religion circles as a result of recent and rapid changes in society. The essays in this volume present multiple points of view, facilitate scholars in understanding this evolving discipline and act as a stimulus for further research.This collection gives the reader a sense of the key topics and current debates in law and religion and is of interest to law, politics, human rights, and religion scholars.


The Oxford Handbook Of Secularism

Author by : Phil Zuckerman
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 744
File Size : 44,8 Mb
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Description : The Oxford Handbook of Secularism offers a wide-ranging examination of secularism on a global scale, bringing together an international collection of views from prominent experts in a variety of fields. This volume reflects the impressive level of academic attention now given to secularism across the humanities, social sciences, law and public policy, and international relations.


Why As A Muslim I Defend Liberty

Author by : Mustafa Akyol
Languange : en
Publisher by : Cato Institute
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 135
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Description : Islam, the second largest religion in the world, has several authoritarian interpretations today that defy human freedom—by executing “apostates” or “blasphemers,” imposing religious practices, or discriminating against women or minorities. In Why, as a Muslim, I Support Liberty, Mustafa Akyol offers a bold critique of this trouble, by frankly acknowledging its roots in the religious tradition. But Akyol also shows that Islam has “seeds of freedom” as well—in the Qur'an, the life of the Prophet Muhammad, and the complex history of the Islamic civilization. It is past time, he argues, to grow those seeds into maturity, and reinterpret Islamic law and politics under the Qur'anic maxim, “No compulsion in religion.” Akyol shows that the major reinterpretation Islam needs now is similar to the transformation that began in Western Christianity back in the 17th century, with the groundbreaking ideas of classical liberal thinkers such as John Locke. The author goes back and forth between classical liberalism and the Islamic tradition, to excavate little-noticed parallels, first highlighted by the “Islamic liberals” of the late Ottoman Empire, unknown to many Muslims and non-Muslims today. In short chapters, Akyol digs into big questions. Why do Muslims need to “reform” the Sharia? But is there something to “revive” in the Sharia as well? Should Muslims really glorify “conquest,” or rather believe in social contract? Is capitalism really alien to Islam, which has a rich heritage of free markets and civil society? Finally, he addresses a suspicion common among Muslims today: What if liberty is a mere cover used by Western powers to advance their imperialist schemes? With personal stories, historical anecdotes, theological insights, and a very accessible prose, this is the little big book on the intersection of Islam and liberty.


Faith In Human Rights

Author by : Robert Traer
Languange : en
Publisher by : Georgetown University Press
Format Available : PDF, ePub, Mobi
Total Read : 11
Total Download : 750
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Description : In this first comprehensive study of the problem of a universal definition of human rights, Robert Traer argues that contemporary theological discourse contains an affirmation of faith that unites members of world religious traditions with secular humanists in a common struggle to establish human rights as the basis for human dignity. Scholars of religion, law, and comparative religious ethics, as well as human rights advocates will find it an invaluable guide.


British Contributions To International Law 1915 2015 Set

Author by : Jill Barrett
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 94
Total Download : 240
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Description : Anthology of original documentary sources of the key British contributions to international law spanning the past 100 years.


The Ashgate Research Companion To Islamic Law

Author by : Peri Bearman
Languange : en
Publisher by : Ashgate Publishing, Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 15
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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.