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Author : Eisenman
Publisher : BRILL
ISBN 13 : 9004491422
Total Pages : 305 pages
Book Rating : 4.0/5 (44 download)
Download or read book Islamic Law in Palestine and Israel written by Eisenman and published by BRILL. This book was released on 2022-04-25 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert H. Eisenman
Publisher :
ISBN 13 :
Total Pages : 291 pages
Book Rating : 4.:/5 (11 download)
Download or read book Islamic Law in Palestine and Israel written by Robert H. Eisenman and published by . This book was released on 1978 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Eisenman
Publisher :
ISBN 13 : 9780990868552
Total Pages : 366 pages
Book Rating : 4.8/5 (685 download)
Download or read book Islamic Law in Palestine and Israel written by Robert Eisenman and published by . This book was released on 2015-06-02 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Eisenman's classic work, Islamic Law in Palestine and Israel: A History of the Survival of Tanzimat and Sharia, examines how Islamic law, such as Shari law, survived in Palestine and Israel in a pure form perhaps longer than in any other Ottoman successor state. It did this for a variety of reasons, chief among which are the innate conservatism of the British and the inability of the Israelis, particularly in the country's early days, to do much about it. Besides Lebanon and Gaza, only in Israel did those three great monuments of Islamic and Ottoman modernism: the Ottoman Law of Family Rights, the Ottoman Land Code, and the Mecelle-i Akham-i Adliye, survive simultaneously. Author, Robert Eisenman, traces this continuity from Ottoman times in terms understandable to both specialists, lawyers, and laypersons. The anomaly of Islamic laws', such as Sharia law, survival against the backdrop of British legal concepts and renascent Jewish nationalism is delineated completely. Detailed attention is also given to the effect, or non-effect, of such Israeli reforms in Women's Equal Rights Law on the Muslim community and on Islamic law, as well as to the creation of Israeli hybrid laws, such as the Land Law of 1969, and a new Israeli modernism. The situation in Israel today remains more or less the same. In some areas beyond the 1967 Green Lines, where Israeli Law has been applied, it is as described in this book. In others, which have not been annexed or where it has not, Jordanian Law for the most part still obtains.
Author : Lynn Welchman
Publisher : BRILL
ISBN 13 : 9004480692
Total Pages : 464 pages
Book Rating : 4.0/5 (44 download)
Download or read book Beyond the Code written by Lynn Welchman and published by BRILL. This book was released on 2021-10-25 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal issues of personal status – including those implicating women's rights – continue to be a focal area of shari'a judicial practice in the Muslim world. Changing ideas of marriage, relations between the spouses, divorce, and the rights of divorcees and widows challenge the courts around the Arab world. In this context, the areas that came under the Palestinian Authority in 1994 command particular attention: the particular political and socio-economic circumstances that surround Palestine's progress toward full statehood have created a remarkable crucible for the synthesis of a new family law in the Arab world. 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. It presents a systematic analysis of the application of Islamic family law in nearly 10,000 marriage contracts, 1000 deeds of talaq (unilateral divorce) or khul' (divorce with renunciation), and 2000 judicial rulings over a time span that includes Jordanian rule and Israeli military occupation, updating this with material from the beginning of the jurisdiction of the Palestinian Authority. Taken into account are the sources of law used in the shari'a courts of the West Bank: the successive codes of family law (the Jordanian Law of Personal Status 1976 and its predecessor the Jordanian Law of Family Rights 1951), and traditional Hanafi rules and texts, along with commentaries by prominent contemporary shari'a scholars and Appeal Court decisions – as well as the amendments and modifications being sought by civil society actors (notably women's groups) in the West Bank and Gaza Strip, as well as in Jordan.
Author : Irene Schneider
Publisher : Harrassowitz
ISBN 13 : 9783447111546
Total Pages : 0 pages
Book Rating : 4.1/5 (115 download)
Download or read book Uses of the Past written by Irene Schneider and published by Harrassowitz. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cases of Israel and Palestine offer a particularly interesting vantage point for analyzing 'uses of the past'. Both states' legal trajectories follow from developments in the late Ottoman and British Mandate (1922-1948) periods, and their legal frameworks are characterized by an interesting overlapping of legislations and legal traditions. At the same time, the different political and social contextual frameworks in which Palestinian Muslims operate (living in Palestine, i.e. West Bank and Gaza Strip, or inside Israel) have a profound impact on legal debates and the practical solutions devised by judges and practitioners. This poses unusual challenges to Palestinian Muslim legal theorists and practitioners about how to face modernity and social change, leading to an interesting debate among scholars of legal pluralism, legal anthropology and Muslim law. The book Uses of the Past focuses on the relationship between Gender and Shari'a, aiming at analyzing how the past of Muslim tradition is invoked when dealing with gender issues and family law and how it is used to support legal change and reform in contemporary Muslim discourse. This edited volume is one of the outcomes of the HERA (Humanities in the European Research Area) project "Understanding Shari'a: Past Perfect, Imperfect Present" (US-PPIP) and includes eight articles by international scholars and practitioners.
Author : Yitzak Reiter
Publisher : BRILL
ISBN 13 : 9004632468
Total Pages : 126 pages
Book Rating : 4.0/5 (46 download)
Download or read book Islamic Institutions in Jerusalem written by Yitzak Reiter and published by BRILL. This book was released on 2023-07-24 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam in present day Jerusalem is influenced more than ever by political activities and agendas. This publication deals with Islamic activity and Islamic institutions in East Jerusalem under Jordanian and Israeli rule from 1948 until after the peace accords between Isreal, the PLO and Jordan. After the Israeli takeover of East Jerusalem in 1967 Islamic institutions remained Jordanian organs. This study elaborates on the strategy adopted by the Palestinians of establishing a local Palestinian Supreme Muslim Authority serving a political body to handle Palestinian religious and national debate for the future of Jerusalem. One of the features of this debate is the Jordanian-Palestinian-Israeli competence over the holy places in Jerusalem. The waqf (pious endowments) institution, which is in decline in many Muslim countries, has been revived under Israeli rule. The economic resources of the waaf have been mobilized for the political struggle and it serves as a means to preserve the Islamic character of East Jerusalem and to strengthen the Muslim Arab population's attachment to Islamic institution. This study focuses on the role of the Shari'a (Islamic law) Courts in various mechanisms which were developed to facilitate the adoptation of the traditional Islamic institutions to modern conditions.
Author : Nahda Shehada
Publisher : Routledge
ISBN 13 : 1351586386
Total Pages : 208 pages
Book Rating : 4.3/5 (515 download)
Download or read book Applied Family Law in Islamic Courts written by Nahda Shehada and published by Routledge. This book was released on 2018-03-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
Author : Ido Shahar
Publisher : Routledge
ISBN 13 : 1317106113
Total Pages : 240 pages
Book Rating : 4.3/5 (171 download)
Download or read book Legal Pluralism in the Holy City written by Ido Shahar and published by Routledge. This book was released on 2016-03-09 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.
Author : Assaf Likhovski
Publisher : Univ of North Carolina Press
ISBN 13 : 0807830178
Total Pages : 327 pages
Book Rating : 4.8/5 (78 download)
Download or read book Law and Identity in Mandate Palestine written by Assaf Likhovski and published by Univ of North Carolina Press. This book was released on 2006 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confront
Author : Rôn Šaham
Publisher : BRILL
ISBN 13 : 9004154531
Total Pages : 298 pages
Book Rating : 4.0/5 (41 download)
Download or read book Law, Custom, and Statute in the Muslim World written by Rôn Šaham and published by BRILL. This book was released on 2007 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collective volume deals with the main components in the laws of Islamic societies, past and present: sharia, custom and statute. Covers a wide range of geographical areas, from the Balkans to Yemen, and from Iraq to the Maghrib -- Back cover.
Author : Judith E. Tucker
Publisher : Univ of California Press
ISBN 13 : 0520925386
Total Pages : 235 pages
Book Rating : 4.5/5 (29 download)
Download or read book In the House of the Law written by Judith E. Tucker and published by Univ of California Press. This book was released on 2023-04-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwas, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.
Author : Ytizhak Reiter
Publisher : Springer
ISBN 13 : 9789041103826
Total Pages : 120 pages
Book Rating : 4.1/5 (38 download)
Download or read book Islamic Institutions in Jerusalem:Palestinian Muslim Organization under Jordanian and Israeli Rule written by Ytizhak Reiter and published by Springer. This book was released on 1997-10-22 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Strawson
Publisher : Taylor & Francis
ISBN 13 : 113531165X
Total Pages : 295 pages
Book Rating : 4.1/5 (353 download)
Download or read book Law after Ground Zero written by John Strawson and published by Taylor & Francis. This book was released on 2017-09-25 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the events of September 11, a new legal order is emerging in which the 'terrorist threat' has been used as justification to marginalise human rights. This collection of themed essays offers an emphatic defence to the threats confronting our human rights culture. In analysing the role of the United Nations, the conduct of the Afghan war, domestic anti-terrorist legislation and the new debate about Islamic law, Law after Ground Zero demonstrates the future challenges that law will face within our global society. It also offers accounts of how events have impacted on the Palestinian-Israeli conflict, Iraq and Afghanistan itself, as well as debates about international law, human rights and women's rights. This unique work will interest those studying or researching in the areas of international law, human rights and humanitarian law, international relations, politics, critical legal studies, Islamic law, culture and socio-legal studies.
Author : Ahmad Natour
Publisher : Rowman & Littlefield
ISBN 13 : 1793640971
Total Pages : 223 pages
Book Rating : 4.7/5 (936 download)
Download or read book Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel written by Ahmad Natour and published by Rowman & Littlefield. This book was released on 2021-04-07 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Author : Arab Higher Committee
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.F/5 ( download)
Download or read book The Ruling of Islam in the Palestine Issue written by Arab Higher Committee and published by . This book was released on 1962 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Nicholas E. Roberts
Publisher : Bloomsbury Publishing
ISBN 13 : 1786721279
Total Pages : 302 pages
Book Rating : 4.7/5 (867 download)
Download or read book Islam under the Palestine Mandate written by Nicholas E. Roberts and published by Bloomsbury Publishing. This book was released on 2016-11-30 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerns about the place of Islam in Palestinian politics are familiar to those studying the history of the modern Middle East. A significant but often misunderstood part of this history is the rise of Islamic opposition to the British in Mandate Palestine during the 1920s and 1930s. Across the empire, imperial officials wrestled with the question of how to rule over a Muslim-majority countries and came to see traditional Islamic institutions as essential for maintaining order. Islam under the Palestine Mandate tells the story of the search for a viable Islamic institution in Palestine and the subsequent invention of the Supreme Muslim Council. As a body with political recognition, institutional autonomy and financial power, the council was designed to be a counterweight to the growing popularity of nationalism among Palestinians. However, rather than extinguishing the revolutionary capacity of the colonized, it would become a significant opponent of British rule under its highly controversial president, the Grand Mufti of Jerusalem, Hajj Amin al-Husayni. Making extensive use of primary sources from British and Israeli archives, this book offers an innovative account of the Supreme Muslim Council's place within a colonial project that aimed to control Palestinian religion and politics. Roberts argues against the standard view that the council's creation was an act of appeasement towards Muslim opinion, showing how British actions were guided by techniques of imperial administration used elsewhere in the empire.
Author : Elizabeth Brownson
Publisher : Syracuse University Press
ISBN 13 : 081565474X
Total Pages : 231 pages
Book Rating : 4.8/5 (156 download)
Download or read book Palestinian Women and Muslim Family Law in the Mandate Period written by Elizabeth Brownson and published by Syracuse University Press. This book was released on 2019-07-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Brownson sheds new light on Palestinian Muslim women’s agency in shari‘a courts from the British Mandate period to the present. Her extensive archival research on wife-initiated maintenance claims, divorce, and child custody cases deepens our understanding of women’s position in the courts, demonstrating that Muslim women were and are active participants in their legal affairs. Using court registers and interviews, Brownson uncovers a variety of ways women have manipulated the system to their benefit despite its patriarchal bias. She also finds that few reforms were implemented during the Mandate period. The British were uninterested in improving colonized women’s legal status and sought to avoid further antagonizing Palestinians. At the same time, Palestinians wished to uphold the one indigenous institution they still controlled while both British rule and Zionism threatened their nationalist aspirations. Although Palestinian women have had few alternatives to using this male privileged system to redress grievances with their husbands and in-laws, they continue to resist its injustices every day. Brownson finds that women’s understanding of family law fundamentals has enabled some to deftly navigate the system; however, a unified, reformed law reflecting society's current needs is required so women can have full access to their rights.
