Yearbook Of Islamic And Middle Eastern Law 1998

Author by : Eugene Cotran
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 85
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Description : Precontractual liability in mineral negotiations with special reference to Islamic law / Walied M.H. El-Malik ; The legal structure of Islamic finance and privatization / Fadi B. Nader ; Privatization : Oman and Egypt / Bridget McArdle McKinney ; Qatar liquefied gas company limited ("Qatargas") : the downstream project : a case study / Adrienne S. Macartney ; The Palestinian : from hyphenated citizen to integrated citizen / Anis F. Kassim ; Israeli civilian settlements in Occupied Arab territories revisited / Lu'ayy Minwer Al-Rimawi ; Justice and the law in the Sudan / John Wuol Makec ; Recent developments in the administration of Islamic law in Malaysia / Tan Sri Datuk Ahmad Mohamed Ibrahim ; Prospects for Muslim Law in South Africa : a history and recent developments / Ebrahim Moosa ; Is an adult Muslim woman sui juris? : some reflections on the concept of "consent in marriage" without a wali (with particualr reference to the Saiman Waheed case) / Shaheen Sardar Ali.


Yearbook Of Islamic And Middle Eastern Law

Author by : Eugene Cotran
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 189
File Size : 45,9 Mb
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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.


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 : 46
Total Download : 221
File Size : 50,8 Mb
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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.


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 : 40
Total Download : 649
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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.


Women Islam And International Law

Author by : Ekaterina Yahyaoui Krivenko
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 33
Total Download : 162
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Description : Islam and womena (TM)s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and womena (TM)s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim Statesa (TM) participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and womena (TM)s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.


Shar A

Author by : Wael B. Hallaq
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 88
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Description : In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey tracing the history of Islamic law from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will inform, engage and challenge the reader.


Democracy

Author by : Eugene Cotran
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 73
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File Size : 41,7 Mb
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Description : This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.


Issues In Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 969
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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.


Women S Rights And Islamic Family Law

Author by : Lynn Welchman
Languange : en
Publisher by : Zed Books
Format Available : PDF, ePub, Mobi
Total Read : 33
Total Download : 912
File Size : 52,5 Mb
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Description : This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women. Three contrasting country cases have been selected: Egypt, the most populous Arab state with a constitutional clause on the place of "principles of the shari`a" as the principal source of legislation; the West Bank and Gaza, family law here being a contested site between different visions of national identity in the process of trying to build a Palestinian state; and the United States, where some in the minority Muslim communities seek to regulate their family relations in accordance with "principles of the shari`a" within the context of a non-Muslim state applying civil law requirements to all family matters. A concluding study ranges further afield in order to explore the challenges and potential of "principles of shari`a" in advocacy on the question of violence against women.


Democratic Transition In The Middle East

Author by : Larbi Sadiki
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 22
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Description : Popular uprisings and revolts across the Arab Middle East have often resulted in a democratic faragh or void in power. How society seeks to fill that void, regardless of whether the regime falls or survives, is the common trajectory followed by the seven empirical case studies published here for the first time. This edited volume seeks to unpack the state of the democratic void in three interrelated fields: democracy, legitimacy and social relations. In doing so, the conventional treatment of democratization as a linear, formal, systemic and systematic process is challenged and the power politics of democratic transition reassessed. Through a close examination of case studies focusing on Bahrain, Egypt, Iraq, Lebanon, Syria, and Yemen, this collection introduces the reader to indigenous narratives on how power is wrested and negotiated from the bottom up. It will be of interest to those seeking a fresh perspective on democratization models as well as those seeking to understand the reshaping of the Arab Middle East in the lead-up to the Arab Spring.


Land Law And Islam

Author by : Hilary Lim
Languange : en
Publisher by : Zed Books Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 17
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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.


Islamic Law In Practice

Author by : Mashood A. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 95
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Description : Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.


Islam And Law In Lebanon

Author by : Morgan Clarke
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 525
File Size : 48,9 Mb
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Description : A dynamic account of the sharia in Lebanon as both state law and as personal ethics.


Beyond The Code

Author by : Lynn Welchman
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 848
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Description : This rigorous study of the interpretation and application of personal status law in the Palestinian West Bank (and to a lesser extent in the Gaza Strip) is the most extensive yet attempted.


Shariah Law

Author by : Mohammad Hashim Kamali
Languange : en
Publisher by : Simon and Schuster
Format Available : PDF, ePub, Mobi
Total Read : 96
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File Size : 41,6 Mb
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Description : Shariah law is a subject that is misunderstood and misrepresented by many in the West. More than simply a system of law, it is concerned with a set of values and rules that are essential to the understanding and practice of Islam. In this volume, Mohammad Hashim Kamali, a world-renowned expert on Shariah, adopts a question-and-answer format to provide a clear introduction to its most salient aspects. Extending from the sources of Shariah in the Qur’an, hadith and the legal maxims of Islamic law to the discussion of issues such as freedom of religion, gender equality and human rights, Shariah Law: Questions and Answers connects the theoretical aspects of the law with how it is applied in the world today. At once scholarly and accessible, it is sure to be a vital resource for students, teachers and general readers, addressing as it does a range of contemporary concerns, including jihad, democracy, the environment, genetic engineering, human cloning, euthanasia and abortion.


International Law And Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 494
File Size : 52,5 Mb
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Description : The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.


Islam And New Kinship

Author by : Morgan Clarke
Languange : en
Publisher by : Berghahn Books
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 900
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Description : Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between 'liberal' and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology's own 'new kinship studies'. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.


Women And Muslim Family Laws In Arab States

Author by : Lynn Welchman
Languange : en
Publisher by : Amsterdam University Press
Format Available : PDF, ePub, Mobi
Total Read : 17
Total Download : 745
File Size : 52,5 Mb
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Description : A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.


Edinburgh Companion To Shari Ah Governance In Islamic Finance

Author by : Ali Syed Nazim Ali
Languange : en
Publisher by : Edinburgh University Press
Format Available : PDF, ePub, Mobi
Total Read : 84
Total Download : 735
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Description : Written by a group of prominent shari'ah scholars, academics and practitioners in the field of Islamic finance, this book contains 17 in-depth case studies of shari'ah governance practices and experiences as well as critical analysis of these practices. It serves as a standalone comprehensive reference work on shari'ah governance, containing an overview of its Islamic legal foundations, its evolution and development over the years, current practices and debates on shari'ah governance standards and future prospects for shari'ah governance in the global Islamic finance market.


A Multicultural Entrapment

Author by : Michael Karayanni
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 422
File Size : 48,9 Mb
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Description : The religion and state debate in Israel has overlooked the Palestinian-Arab religious communities and their members, focusing almost exclusively on Jewish religious institutions and norms and Jewish majority members. Because religion and state debates in many other countries are defined largely by minority religions' issues, the debate in Israel is anomalous. Michael Karayanni advances a legal matrix that explains this anomaly by referencing specific constitutional values. At the same time, he also takes a critical look at these values and presents the argument that what might be seen as liberal and multicultural is at its core just as illiberal and coercive. In making this argument, A Multicultural Entrapment suggests a set of multicultural qualifications by which one should judge whether a group based accommodation is of a multicultural nature.


Architecture Power And Religion In Lebanon

Author by : Ward Vloeberghs
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 68
Total Download : 962
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Description : In Architecture, Power and Religion in Lebanon, Ward Vloeberghs explores Rafiq Hariri’s patronage and posthumous legacy to demonstrate how built fabric becomes a tool to convey political messages in contemporary Lebanon.


Islamic Law And The Challenges Of Modernity

Author by : Yvonne Yazbeck Haddad
Languange : en
Publisher by : Rowman Altamira
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 675
File Size : 54,6 Mb
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Description : Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue.


Human Rights And Islam

Author by : Abdullah Saeed
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 509
File Size : 53,6 Mb
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Description : Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.


The New Cambridge History Of Islam Volume 6 Muslims And Modernity Culture And Society Since 1800

Author by : Robert W. Hefner
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 71
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File Size : 54,6 Mb
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Description : Unparalleled in its range of topics and geographical scope, the sixth and final volume of The New Cambridge History of Islam provides a comprehensive overview of Muslim culture and society since 1800. Robert Hefner's thought-provoking account of the political and intellectual transformation of the Muslim world introduces the volume, which proceeds with twenty-five essays by luminaries in their fields through a broad range of topics. These include developments in society and population, religious thought and Islamic law, Muslim views of modern politics and economics, education and the arts, cinema and new media. The essays, which highlight the diversity and richness of Islamic civilization, engage with regions outside the Middle East as well as within Islam's historic heartland. Narratives are clear and absorbing and will fascinate all those curious about the momentous changes that have taken place among the world's 1.4 billion Muslims in the last two centuries.


Juvenile Justice In Global Perspective

Author by : Franklin E. Zimring
Languange : en
Publisher by : NYU Press
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 591
File Size : 50,6 Mb
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Description : Provides a comparison of criminal justice and juvenile justice systems across the world, looking for points of comparison and policy variance that can lead to positive change in the United States. Contributors discuss important issues such as the relationship between political change and juvenile justice, the common labels used to unify juvenile systems in different regions and in different forms of government, the types of juvenile systems that exist and how they differ, and more. Furthermore, they use data on criminal versus juvenile justice in a wide variety of nations to create a new explanation of why separate juvenile and criminal courts are felt to be necessary. --From publisher description.