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Accommodating Muslims Under Common Law
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Book Synopsis Accommodating Muslims under Common Law by : Salim Farrar
Download or read book Accommodating Muslims under Common Law written by Salim Farrar and published by Routledge. This book was released on 2016-07-15 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.
Book Synopsis The Unfamiliar Abode by : Kathleen Moore
Download or read book The Unfamiliar Abode written by Kathleen Moore and published by Oxford University Press. This book was released on 2010-03-18 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic communities. Western Muslims are therefore faced with the necessity of developing an Islamic law for Muslim communities living in non-Muslim societies. In this book, Kathleen Moore explores the development of new forms of Islamic law and legal reasoning in the US and Great Britain, as well the Muslims encountering Anglo-American common law and its unfamiliar commitments to pluralism and participation, and to gender, family, and identity. The underlying context is the aftermath of 9/11 and 7/7, the two attacks that arguably recast the way the West views Muslims and Islam. Islamic jurisprudence, Moore notes, contains a number of references to various 'abodes' and a number of interpretations of how Muslims should conduct themselves within those worlds. These include the dar al harb (house of war), dar al kufr (house of unbelievers), and dar al salam (house of peace). How Islamic law interprets these determines the debates that take shape in and around Islamic legality in these spaces. Moore's analysis emphasizes the multiplicities of law, the tensions between secularism and religiosity. She is the first to offer a close examination of the emergence of a contingent legal consciousness shaped by the exceptional circumstances of being Muslim in the U.S and Britain in the 1990s and the first decade of the 21st century
Book Synopsis Islam and the Rule of Justice by : Lawrence Rosen
Download or read book Islam and the Rule of Justice written by Lawrence Rosen and published by University of Chicago Press. This book was released on 2018-03-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Book Synopsis Minority Religions under Irish Law by : Kathryn O'Sullivan
Download or read book Minority Religions under Irish Law written by Kathryn O'Sullivan and published by BRILL. This book was released on 2019-05-07 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular.
Download or read book Land, Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 270 pages. Available in PDF, EPUB and Kindle. 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.
Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Book Synopsis British Islam and English Law by : Patrick S. Nash
Download or read book British Islam and English Law written by Patrick S. Nash and published by Cambridge University Press. This book was released on 2022-01-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: British Islam and English Law presents a novel argument about the nature and place of groups in society. The encounter with Islam has led English law to tread a line between two theoretical models, liberal individualism and multiculturalism, competing for dominance over the law of organised religion. This philosophical rivalry has generated a set of seemingly intractable conflicts between individual and community, religion and state, nation and culture. This book resurrects the long-buried theory of classical pluralism to address and resolve these tensions. Applying this to five understudied institutions that give structure and form to British Islam – banks, charities, schools, elections, clans – it outlines and justifies the reforms that would optimise the relationship between law and religion. Unflinching and unorthodox, this book places law and theory in context, employs innovative methods such as nudge theory and applied history, and provides detailed answers to hard questions about British Islam.
Book Synopsis Positive Law from the Muslim World by : Baudouin Dupret
Download or read book Positive Law from the Muslim World written by Baudouin Dupret and published by . This book was released on 2021 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.
Book Synopsis Islamic Law and International Law by : Emilia Justyna Powell
Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Book Synopsis Law and Development by : Yong-Shik Lee
Download or read book Law and Development written by Yong-Shik Lee and published by Routledge. This book was released on 2022-01-31 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. This book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of "development" is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development.
Book Synopsis Shari‘a As Discourse by : Lisbet Christoffersen
Download or read book Shari‘a As Discourse written by Lisbet Christoffersen and published by Routledge. This book was released on 2016-04-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari’a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari’a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.
Book Synopsis The Cambridge Handbook of Comparative Law by : Mathias Siems
Download or read book The Cambridge Handbook of Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
Download or read book Islam written by Jamila Hussain and published by . This book was released on 2004 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised edition of : Islamic law and society ; 1999.
Book Synopsis Routledge Handbook of Political Islam by : Shahram Akbarzadeh
Download or read book Routledge Handbook of Political Islam written by Shahram Akbarzadeh and published by Routledge. This book was released on 2020-12-29 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated, second edition of the Handbook of Political Islam covers a range of political actors that use Islam to advance their cause. While they share the ultimate vision of establishing a political system governed by Islam, their tactics and methods can be very different. Capturing this diversity, this volume also sheds light on some of the less-known experiences from South East Asia to North Africa. Drawing on expertise from some of the top scholars in the world, the chapters examine the main issues surrounding political Islam across the world, including: Theoretical foundations of political Islam Historical background Geographical spread of Islamist movements Political strategies adopted by Islamist groups Terrorism Attitudes towards democracy Relations between Muslims and the West in the international sphere Challenges of integration Gender relations Capturing the geographical spread of Islamism and the many manifestations of this political phenomenon make this book a key resource for students and researchers interested in political Islam, Muslim affairs and the Middle East.
Download or read book Unsettled Voices written by Tanja Dreher and published by Routledge. This book was released on 2021-03-20 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: From resurgent racisms to longstanding Islamophobia, from settler colonial refusals of First Nations voices to border politics and migration debates, ‘free speech’ has been weaponised to target racialized communities and bolster authoritarian rule. Unsettled Voices identifies the severe limitations and the violent consequences of ‘free speech debates’ typical of contemporary cultural politics, and explores the possibilities to combat racism when liberal values underpin emboldened white supremacy. What kind of everyday racially motivated speech is protected by such an interpretation of liberal ideology? How do everyday forms of social expression that vilify and intimidate find shelter through an inflation of the notion of freedom of speech? Furthermore, how do such forms refuse the idea that language can be a performative act from which harm can be derived? Racialized speech has conjured and shaped the subjectivities of multiple intersecting participants, reproducing new and problematic forms of precarity. These vulnerabilities have been experienced from the sound of rubber bullets in the Occupied Palestinian Territories to UK hate speech legislation, to the spontaneous performace of a First Nations war dance on the Australian Rules football pitch. This book identifies the deep limitations and the violent consequences of the longstanding and constantly developing ‘free speech debates’ typical of so many contexts in the West, and explores the possibilities to combat racism when liberal values are ‘weaponized’ to target racialized communities. This book was originally published as a special issue of Continuum: Journal of Media & Cultural Studies.
Download or read book Sharia Compliant written by Rumee Ahmed and published by Encountering Traditions. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the ins and outs of Islamic legal change and provides readers with step-by-step instructions for shaping the future of Islamic law.
Book Synopsis The Oxford Handbook of Law and Anthropology by : Marie-Claire Foblets
Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022-04-01 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
