Yearbook Of Islamic And Middle Eastern Law

Author by : Eugene Cotran
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 19
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Description : The Yearbook of Islamic and Middle Eastern Law is the flagship publication of the Centre of Islamic and Middle Eastern Law (CIMEL) of the school of Oriental and African Studies (SOAS) in London. It is increasingly regarded as the leading international forum for commentary on, and analysis of, emerging issues in a field of study of everincreasing global significance. There is no more useful and thorough pricis of what has happened in Islamic and Middle Eastern law over the last year. With Volume 8 -and the advent of Martin Lau as co-editor with Eugene Cotran- the Yearbook begins an expansion of its purview into non-Arab Islamic countries, beginning in this volume with essays covering issues in Afghanistan and Kenya. The Yearbook will continue to be an authorative source of insightful commentary and scholarship on relevant developments wherever the influence of Islamic law is felt.


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 : 81
Total Download : 460
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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.


Shar A

Author by : Wael B. Hallaq
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 14
Total Download : 898
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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.


Hans K Chler Bibliography And Reader

Author by : Fatemah Remedios C. Balbin
Languange : en
Publisher by : AG Wissenschaft und Politik
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 429
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The Transformation Of Islamic Law In Global Financial Markets

Author by : Jonathan Ercanbrack
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 23
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Description : The role of global capital in relation to human social systems has assumed enormous proportions in liberalised, deregulated markets. States attempt to nationalise it, financial centres spring up in its wake, and INGOs attempt to deal with its de-territorialising, supranational characteristics. A global adjudication system (arbitration) has been introduced to safeguard and buttress its flow. The power of Islamic capital has generated numerous sites of legal contestation and negotiation, ranging from gateway financial centres, international law firms and transnational financial institutions, all of which interact in the production of Islamic financial law (IFL). The process of producing IFL illustrates complex fields of action driven by power dynamics, neoliberal paradigms and the institutional momentum of the global economy. The municipal legal systems under study in this book (the United Kingdom, Bahrain, United Arab Emirates and the Dubai International Financial Centre) illustrate globalisation's acceleration of legal, economic and social production.


Trade Finance

Author by : Christopher Hare
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 19
Total Download : 909
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Description : Trade Finance provides a much-needed re-examination of the relevant legal principles and a study of the challenges posed to current legal structures by technological changes, financial innovation, and international regulation. Arising out of the papers presented at the symposium, Trade Finance for the 21st Century, this collection brings together the perspectives of scholars and practitioners from around the globe focusing on core themes, such as reform and the future role of the UCP, the impact of technology on letters of credit and other forms of trade finance, and the rise of alternative forms of financing. The book covers three key fields of trade finance, starting with the challenges to traditional trade financing by means of documentary credit. These include issues related to contractual enforceability, the use of "soft clauses", the doctrine of strict compliance, the fraud exception, the role of the correspondent bank, performance bonds, and conflict of laws problems. The second main area covered by the work is the technological issues and opportunities in trade finance, including electronic bills of exchange, blockchain, and electronically transferable records. The final part of the work considers alternative and complementary trade finance mechanisms such as open account trading, supply-chain financing, the bank payment obligation, performance bonds, and countertrade.


Crime And Punishment In Islamic Law

Author by : Mohammad Hashim Kamali
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 67
Total Download : 911
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Description : In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.


The Legal And Regulatory Aspects Of Islamic Banking

Author by : Abdul Karim Aldohni
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 847
File Size : 46,9 Mb
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Description : During the last ten years the Islamic banking sector has grown rapidly, at an international level, as well as in individual jurisdictions including the UK. Islamic finance differs quite substantially from conventional banking, using very different mechanisms, and operating according to a different theory as it is based on Islamic law. Yet at the same time it is always subject to the law of the particular financial market in which it operates. This book takes a much-needed and comprehensive look at the legal and regulatory aspects which affect Islamic finance law, and examines the current UK and international banking regulatory frameworks which impact on this sector. The book examines the historical genesis of Islamic banking, looking at how it has developed in Muslim countries before going on to consider the development of Islamic banking in the UK and the legal position of Islamic banks within English law. The book explores company, contract, and some elements of tax law and traces the impact it has had on the development of Islamic banking in the UK, before going on to argue that the current legal and regulatory framework which affects the Islamic banking sector has on certain occasions had an unintended adverse impact on Islamic banking in the UK. The book also provides an overview of the Malaysian experience in relation to some of the main legal and regulatory challenges in the context of Islamic banking and finance.


The Oxford Handbook Of Islamic Law

Author by : Anver M. Emon
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 43
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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 ideal introduction 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 the contested 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.


Islamic Law In Past And Present

Author by : Mathias Rohe
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 28
Total Download : 738
File Size : 51,5 Mb
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Description : In Islamic Law in Past and Present, the lawyer and Islamicist Mathias Rohe offers a comprehensive study of Islamic law, law reforms and law in action with a particular focus on modern developments in the Islamic world, India, Canada and Germany.


Juvenile Justice In Global Perspective

Author by : Franklin E. Zimring
Languange : en
Publisher by : NYU Press
Format Available : PDF, ePub, Mobi
Total Read : 82
Total Download : 271
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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.


Legal Practice And Cultural Diversity

Author by : Ralph Grillo
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 265
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Description : Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.


Authority Without Territory

Author by : Daryoush Mohammad Poor
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 62
Total Download : 464
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Description : Examining the connection between the concept of authority and the transformation of the Ismaili imamate, Authority without Territory is the first study of the imamate in contemporary times with a particular focus on Aga Khan, the 49th hereditary leader of Shi?a Imami Ismaili Muslims.


Palestinian Refugees In International Law

Author by : Francesca P. Albanese
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 94
Total Download : 606
File Size : 42,9 Mb
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Description : The Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees' status varies considerably according to the state or territory 'hosting' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles related to internally displaced persons, as well as notions of international criminal law), and probes their relevance to the provision of international protection for Palestinian refugees and their quest for durable solutions.


Appointing Judges In An Age Of Judicial Power

Author by : Peter H. Russell
Languange : en
Publisher by : University of Toronto Press
Format Available : PDF, ePub, Mobi
Total Read : 28
Total Download : 411
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Description : The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.


Judges And Generals In The Making Of Modern Egypt

Author by : Mahmoud Hamad
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 49
Total Download : 440
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Description : Discusses why and how the Egyptian judiciary was critically important in bringing down two vastly different regimes in three years.


Iraq

Author by : Heather Bleaney
Languange : en
Publisher by : Handbook of Oriental Studies
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 525
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Description : Well-considered answers to the many questions raised by the situation in Iraq, past and present, are rare. This first comprehensive bibliography on Iraq is based on the Index Islamicus, the leading bibliography on the Muslim world, and will help its readers to find their way through the extensive secondary literature.


Religious Minorities Islam And The Law

Author by : Al Khanif
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 962
File Size : 42,9 Mb
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Description : This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.


Constitution Writing Religion And Democracy

Author by : Aslı Ü. Bâli
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 634
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Description : This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity.


Looking For Law In All The Wrong Places

Author by : Marianne Constable
Languange : en
Publisher by : Fordham Univ Press
Format Available : PDF, ePub, Mobi
Total Read : 11
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Description : For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner


Sharia Muslim States And International Human Rights Treaty Obligations

Author by : Nisrine Abiad
Languange : en
Publisher by : BIICL
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 240
File Size : 44,6 Mb
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Description : This research â?? undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties â?? measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.


The Struggle For Constitutional Power

Author by : Tamir Moustafa
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 76
Total Download : 893
File Size : 50,6 Mb
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Description : For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.


Islamic Banking Finance In South East Asia

Author by : Angelo M. Venardos
Languange : en
Publisher by : World Scientific
Format Available : PDF, ePub, Mobi
Total Read : 33
Total Download : 829
File Size : 46,9 Mb
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Description : - First book of its kind to explain to lay persons, Muslims and non-Muslims, the mystique surrounding Islamic banking and finance - Depicts clearly how the market has developed in South-East Asia - Provides a road map for Singapore to develop and strategize in the area of Islamic banking and finance


Statebuilding And Justice Reform

Author by : Matteo Tondini
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 323
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Description : The book provides an updated account of justice reform in Afghanistan, which started in the wake of the US-led military intervention of 2001. In particular, it focuses on the role of international actors and their interaction with local stakeholders, highlighting some provisional results, together with problems and dilemmas encountered in the reform activities. Since the mid-1990s, justice system reform has become increasingly important in state-building operations, particularly with regard to the international administrations of Bosnia, Kosovo, East Slavonia and East Timor. Statebuilding and Justice Reform examines in depth the reform of justice in Afghanistan, evaluating whether the success of reform may be linked to any specific feature or approach. In doing so, it stresses the need for development programmes in the field of justice to be implemented through a multilateral approach, involving domestic authorities and other relevant stakeholders. Success is therefore linked to limiting the political interests of donors; establishing functioning pooled financing mechanisms; restricting the use of bilateral projects; improving the efficacy of technical and financial aid; and concentrating the attention on the ‘demand for justice’ at local level rather than on the traditional supply of financial and technical assistance. This book will be of much interest to students of Afghanistan, intervention and statebuilding, peacekeeping, and post-conflict reconstruction, as well as International Relations in general. Matteo Tondini is a researcher and a legal advisor. He has served as a project advisor to the Embassy of Italy in Kabul, Development Cooperation Unit, working within the ‘Afghanistan Justice Program’ and has a Phd in Political Systems and Institutional Change, from the Institute of Advanced Studies, Lucca, Italy.


Changing God S Law

Author by : Nadjma Yassari
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 77
Total Download : 137
File Size : 54,5 Mb
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Description : This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.


Women S Rights And Islamic Family Law

Author by : Lynn Welchman
Languange : en
Publisher by : Zed Books
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 128
File Size : 51,9 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.


Encyclopedia Of Women Islamic Cultures

Author by : Jacqueline Siapno
Languange : en
Publisher by : Encyclopedia of Women & Islami
Format Available : PDF, ePub, Mobi
Total Read : 59
Total Download : 521
File Size : 53,8 Mb
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Description : Focuses on women and the civilizations and societies in which Islam has played a historic role. Surveys all facets of life (society, economy, politics, religion, the arts, popular culture, sports, health, science, medicine, environment, and so forth) of women in these societies.


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 : 70
Total Download : 165
File Size : 50,8 Mb
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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.