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Islam And European Legal Systems
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Book Synopsis The Politics of Islamic Law by : Iza R. Hussin
Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Book Synopsis Islamic Law and Civil Code by : Richard A. Debs
Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010-07-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
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 Mixed Legal Systems, East and West by : Vernon Valentine Palmer
Download or read book Mixed Legal Systems, East and West written by Vernon Valentine Palmer and published by Routledge. This book was released on 2016-07-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.
Book Synopsis History of Islamic Law by : Noel Coulson
Download or read book History of Islamic Law written by Noel Coulson and published by Edinburgh University Press. This book was released on 2014-03-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Book Synopsis The Beginnings of Islamic Law by : Lena Salaymeh
Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
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 The Securitisation of Islam in Europe by : Jocelyne Cesari
Download or read book The Securitisation of Islam in Europe written by Jocelyne Cesari and published by CEPS. This book was released on 2009 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper summarises the main hypotheses and results of the research on the securitization of Islam. It posits that the securitisation of Islam is not only a speech act but also a policymaking process that affects the making of immigration laws, multicultural policies, antidiscrimination measures and security policies. The paper deconstructs and analyses the premises of such policies as well as their consequences on the civic and political participation of Muslims. The behaviour of Muslims was studied through 50 focus groups conducted in Paris, London, Berlin and Amsterdam over the year 2007-08. The results show a great discrepancy between the assumptions of policy-makers and the political and social reality of Muslims across Europe. The paper presents recommendations to facilitate the greater inclusion of Muslims within European public spheres.
Book Synopsis Embedding Mahr (Islamic Dower) in the European Legal System by : Rubya Mehdi
Download or read book Embedding Mahr (Islamic Dower) in the European Legal System written by Rubya Mehdi and published by Djoef Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and migration have served to make European societies multicultural to an unprecedented extent, but they have also increasingly brought multicultural life into the courtrooms and administrative institutions. However, there remains a lack of in-depth research investigating particular issues of Muslim family law and how these interact with society on an unofficial level, as well as in relation to the official legal processes. It is especially this latter aspect, i.e. how alternative norms play out in the formal courts, which is the focus of this book, with mahr as the main reference point. Ã?Â?Mahr, usually translated as dower (to distinguish it from dowry as the contribution which a bride brings to a marriage), is an amount of money or property which, in a Muslim marriage, is an obligation of the husband to the wife, and has generally been more sympathetically treated by European courts than any other aspect of Islamic family law. Mahr engages various branches of the law, such as the legal status of religion, gender equality law, family law, inheritance law, contract law, and private international law. It is a topic which functions as a prism through which much broader issues of cultural, religious, and legal pluralism can be brought together for analysis, with implications beyond the apparent narrow focus of the immediate subject.
Book Synopsis Colonial Internationalism and the Governmentality of Empire, 1893–1982 by : Florian Wagner
Download or read book Colonial Internationalism and the Governmentality of Empire, 1893–1982 written by Florian Wagner and published by Cambridge University Press. This book was released on 2022-02-24 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the International Colonial Institute, a pervasive colonial think tank established in 1893, reformed colonialism to make empires last.
Book Synopsis Legal Integration of Islam by : Christian Joppke
Download or read book Legal Integration of Islam written by Christian Joppke and published by Harvard University Press. This book was released on 2013-04-15 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other. While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested. Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.
Book Synopsis The Role of the Arab-Islamic World in the Rise of the West by : Nayef R.F. Al-Rodhan
Download or read book The Role of the Arab-Islamic World in the Rise of the West written by Nayef R.F. Al-Rodhan and published by Springer. This book was released on 2012-08-21 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a fascinating look at the role of the Arab-Islamic world in the rise of the West. It examines the cultural transmission of ideas and institutions in a number of key areas, including science, philosophy, humanism, law, finance, commerce, as well as the Arab-Islamic world's overall impact on the Reformation and the Renaissance.
Book Synopsis A Geo-Legal Approach to the English Sharia Courts by : Anna Marotta
Download or read book A Geo-Legal Approach to the English Sharia Courts written by Anna Marotta and published by BRILL. This book was released on 2021-12-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
Book Synopsis Migration, Diasporas and Legal Systems in Europe by : Prakash Shah
Download or read book Migration, Diasporas and Legal Systems in Europe written by Prakash Shah and published by Taylor & Francis. This book was released on 2020-09-10 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when issues concerning migration and the formation of diasporic communities have come to be critical for all European legal systems, this volume reflects, discusses and analyzes the questions raised by diasporas who have established themselves in Europe over more than fifty years of immigration and the challenges faced by legal systems in the light of continued migration. Contributors from a broad range of backgrounds address prominent issues ranging from legal pluralism among minorities, pressures on EU accession states, irregular migration, state control of family reunification and formation in light of human rights laws, challenges for citizenship and nationality laws and the implementation of visa rules and juxtaposed control zones. Besides the EU as a supranational legal order, the book contains discussion of conditions in the United Kingdom, Ireland, France, Spain, Gibraltar, Morocco, Greece, Turkey and Lithuania. This volume accompanies The Challenge of Asylum to Legal Systems and is the second book to emerge from the W.G Hart Legal Workshop held in 2004 at London's Institute for Advanced Legal Studies.
Book Synopsis Islamic Law in Europe? by : Andrea Büchler
Download or read book Islamic Law in Europe? written by Andrea Büchler and published by Routledge. This book was released on 2016-05-06 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.
Book Synopsis Islamic Law and Jurisprudence by : Nicholas Heer
Download or read book Islamic Law and Jurisprudence written by Nicholas Heer and published by . This book was released on 1990-01-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western scholars consider aspects of Islamic legal concepts and practices. The 11 articles are presented in sections on Islamic jurisprudence, the influence of Islamic law on European legal systems, and Islamic law in contemporary Muslim states. Requires no background in either law or Islamic studie
Book Synopsis Islam, Europe and Emerging Legal Issues by : W. Cole Durham
Download or read book Islam, Europe and Emerging Legal Issues written by W. Cole Durham and published by Routledge. This book was released on 2016-05-06 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
