Legal Pluralism And Sharia Law

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Legal Pluralism in Muslim Contexts

Author : Norbert Oberauer
Publisher : BRILL
ISBN 13 : 9004398260
Total Pages : 268 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Legal Pluralism in Muslim Contexts by : Norbert Oberauer

Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.

Legal Pluralism and Shari'a Law

Author : Adam Possamai
Publisher : Routledge
ISBN 13 : 9781032931036
Total Pages : 0 pages
Book Rating : 4.9/5 (31 download)

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Book Synopsis Legal Pluralism and Shari'a Law by : Adam Possamai

Download or read book Legal Pluralism and Shari'a Law written by Adam Possamai and published by Routledge. This book was released on 2024-10-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Shari'a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Shari'a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.

Legal Pluralism in the Holy City

Author : Dr Ido Shahar
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409410528
Total Pages : 241 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Legal Pluralism in the Holy City by : Dr Ido Shahar

Download or read book Legal Pluralism in the Holy City written by Dr Ido Shahar and published by Ashgate Publishing, Ltd.. This book was released on 2015-09-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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 study is based on participant observations in the studied shari'a court in contemporary West Jerusalem, as well as on textual and legal analyses of court cases and rulings, and 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.

Religious Pluralism and Islamic Law

Author : Anver M. Emon
Publisher : Oxford University Press
ISBN 13 : 0199661634
Total Pages : 382 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Religious Pluralism and Islamic Law by : Anver M. Emon

Download or read book Religious Pluralism and Islamic Law written by Anver M. Emon and published by Oxford University Press. This book was released on 2012-07-26 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the rules governing the treatment of foreigners in Islam and situating them in their historical, political, and legal context, this book sets out a new framework for understanding these rules as part of a wider problem of governing through law amidst pluralism.

Legal Pluralism in the Arab World

Author : Baudouin Dupret
Publisher : BRILL
ISBN 13 : 9789041111050
Total Pages : 308 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis Legal Pluralism in the Arab World by : Baudouin Dupret

Download or read book Legal Pluralism in the Arab World written by Baudouin Dupret and published by BRILL. This book was released on 1999-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism: Ziad Bahaa-Eldin.

Religion and Legal Pluralism

Author : Dr Russell Sandberg
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 140945584X
Total Pages : 301 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Religion and Legal Pluralism by : Dr Russell Sandberg

Download or read book Religion and Legal Pluralism written by Dr Russell Sandberg and published by Ashgate Publishing, Ltd.. This book was released on 2015-07-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.

Legal Pluralism in Indonesia

Author : Ratno Lukito
Publisher : Routledge
ISBN 13 : 0415673429
Total Pages : 290 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis Legal Pluralism in Indonesia by : Ratno Lukito

Download or read book Legal Pluralism in Indonesia written by Ratno Lukito and published by Routledge. This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher :
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by . This book was released on 2020 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Legal Pluralism Explained

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
ISBN 13 : 0190861584
Total Pages : 208 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Legal Pluralism Explained by : Brian Z. Tamanaha

Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 2021-03-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.

Legal Pluralism in Ethiopia

Author : Susanne Epple
Publisher : transcript Verlag
ISBN 13 : 3839450217
Total Pages : 415 pages
Book Rating : 4.8/5 (394 download)

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Book Synopsis Legal Pluralism in Ethiopia by : Susanne Epple

Download or read book Legal Pluralism in Ethiopia written by Susanne Epple and published by transcript Verlag. This book was released on 2020-07-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.

Legal Pluralism in Conflict

Author : Prakash Shah
Publisher : Psychology Press
ISBN 13 : 9781904385585
Total Pages : 232 pages
Book Rating : 4.3/5 (855 download)

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Book Synopsis Legal Pluralism in Conflict by : Prakash Shah

Download or read book Legal Pluralism in Conflict written by Prakash Shah and published by Psychology Press. This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. It will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

Legal Pluralism and Empires, 1500-1850

Author : Lauren Benton
Publisher : NYU Press
ISBN 13 : 0814708188
Total Pages : 325 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Legal Pluralism and Empires, 1500-1850 by : Lauren Benton

Download or read book Legal Pluralism and Empires, 1500-1850 written by Lauren Benton and published by NYU Press. This book was released on 2013-07-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.

Routledge Handbook of Islamic Law

Author : Khaled Abou El Fadl
Publisher : Routledge
ISBN 13 : 1317622448
Total Pages : 636 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Routledge Handbook of Islamic Law by : Khaled Abou El Fadl

Download or read book Routledge Handbook of Islamic Law written by Khaled Abou El Fadl and published by Routledge. This book was released on 2019-05-10 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

Muslim Laws, Politics and Society in Modern Nation States

Author : Ihsan Yilmaz
Publisher : Routledge
ISBN 13 : 1351916246
Total Pages : 285 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Muslim Laws, Politics and Society in Modern Nation States by : Ihsan Yilmaz

Download or read book Muslim Laws, Politics and Society in Modern Nation States written by Ihsan Yilmaz and published by Routledge. This book was released on 2016-12-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.

Militant Democracy

Author : András Sajó
Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Militant Democracy by : András Sajó

Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Custom in Islamic Law and Legal Theory

Author : Ayman Shabana
Publisher : Springer
ISBN 13 : 0230117341
Total Pages : 272 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Custom in Islamic Law and Legal Theory by : Ayman Shabana

Download or read book Custom in Islamic Law and Legal Theory written by Ayman Shabana and published by Springer. This book was released on 2010-11-14 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).

The Politics of Islamic Law

Author : Iza R. Hussin
Publisher : University of Chicago Press
ISBN 13 : 022632348X
Total Pages : 360 pages
Book Rating : 4.2/5 (263 download)

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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.