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Legal Pluralism In The Arab World
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Book Synopsis Legal Pluralism in the Arab World by : Badouin Dupret
Download or read book Legal Pluralism in the Arab World written by Badouin Dupret and published by BRILL. This book was released on 2023-03-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.
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.
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: 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.
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.
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.
Book Synopsis Legal Pluralism and Development by : Brian Z. Tamanaha
Download or read book Legal Pluralism and Development written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2012-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.
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 2016-04-08 with total page 136 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 Sharī‘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 Sharī‘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.
Book Synopsis Getting to Pluralism by : Marina Ottaway
Download or read book Getting to Pluralism written by Marina Ottaway and published by Carnegie Endowment. This book was released on 2012-11 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pluralism in the Arab world has not yet matured into functional democratic politics. While ruling establishments, Islamist movements, and secular parties have introduced a much greater degree of pluralism into Arab societies, the imbalance of power and interdependence among these actors limits both the degree of political diversity and its effectiveness at bringing about reforms. The Arab world is likely to grapple with political apathy, low voter turnout, dwindling membership in registered parties, and shrinking constituencies for the foreseeable future. Even the Islamists, who demonstrated great ability to organize and gain followers in the past, have begun showing signs of decreasing popularity. Getting to Pluralism: Political Actors in the Arab World explores the balance of power between the disparate political forces of the Arab world. The essays in this volume examine the characteristics of the major political actors in great detail and assess the weaknesses of the secular parties. They also illustrate the complexities of Islamist participation in the political processes of several Arab countries—pointing out both similarities and differences. Finally, the authors evaluate how incumbent Arab regimes have been able to maintain their grip on power in spite of their claims that they support political and social reform.
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 Oxford University Press, USA. This book was released on 2020-09-24 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"--
Book Synopsis Women and Shari'a Law by : Elham Manea
Download or read book Women and Shari'a Law written by Elham Manea and published by Bloomsbury Publishing. This book was released on 2016-05-27 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to recent media controversy and public debate about legal pluralism and multiculturalism, Manea argues against what she identifies as the growing tendency for people to be treated as 'homogenous groups' in Western academic discourse, rather than as individuals with authentic voices. Building on her knowledge of the situation for women in Middle Eastern and Islamic countries, she undertakes first-hand analysis of the Islamic shari'a councils and Muslim arbitration tribunals in various British cities. Based on meetings with the leading sheikhs - including the only woman on their panels - as well as interviews with experts on extremism, lawyers and activists in civil society and women's rights groups, Manea offers an impassioned critique of legal pluralism, connecting it with political Islam and detailing the lived experiences of women in Muslim communities.
Book Synopsis Women and Shari'a Law by : Elham Manea
Download or read book Women and Shari'a Law written by Elham Manea and published by I. B. Tauris. This book was released on 2016-04-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should shari'a law be introduced into the British legal system? Elham Manea explores this question by building on her knowledge of legal pluralism in Middle Eastern and Islamic countries and by first-hand analysis of the Islamic shari'a councils and Muslim arbitration tribunals in various British cities. Women and Shari'a Law traces how support for legal pluralism evolved in the context of widespread racism and anti-immigrant sentiments leading up to the Race Relations Act of 1968. Through its focus on gender equality and women's experiences, the book argues that the desire to resolve conflict, accommodate Muslim minorities, and reform a Euro-American-centric legal system developed into 'The Essentialist Paradigm'. This is a post-colonial and post-modern discourse that treats people as 'homogenous groups', essentialising their cultures and religions, but disregarding individual and authentic voices. By meeting with the leading sheikhs--including the only women on their panels--as well as interviewing experts on extremism, lawyers, politicians and activists in civil society and women's rights groups, the author offers a critique of legal pluralism, connecting it with political Islam and detailing the lived experiences of women in Muslim communities.
Book Synopsis Fluid Jurisdictions by : Nurfadzilah Yahaya
Download or read book Fluid Jurisdictions written by Nurfadzilah Yahaya and published by Cornell University Press. This book was released on 2020-09-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.
Book Synopsis Global Legal Pluralism by : Paul Schiff Berman
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Download or read book Sites of Pluralism written by Firat Oruc and published by Oxford University Press, USA. This book was released on 2019-05-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and policymakers, struggling to make sense of the ongoing chaos in the Middle East, have been focusing on the possible causes of the escalation in both inter-state and intra-state conflict. But the Arab Spring has shown the urgent need for new ways to frame difference, both practically and theoretically. Within some policy circles, at the heart of these conflicts lies a fundamental incompatibility between different ethno-linguistic and religious communities; it is held that these divisions impede any form of political resolution or social cohesion. Yet, despite this galvanized public focus on pluralism and 'minorities' within the turbulent Middle East, there has been limited scholarship exploring these tensions. Sites of Pluralism fills this significant gap, going beyond a narrow focus on minority politics to examine the larger canvas of community spheres in the Middle East. Through eight case studies from esteemed experts in law, education, history, architecture, anthropology and political science, this multi-disciplinary volume offers a critical view of the Middle East's diverse, pluralistic fabric: how it has evolved throughout history; how it influences current political, economic and social dynamics; and what possibilities it offers for the future.
Book Synopsis Pluralism and Plurality in Islamic Legal Scholarship by : Mouez Khalfaoui
Download or read book Pluralism and Plurality in Islamic Legal Scholarship written by Mouez Khalfaoui and published by . This book was released on 2021-06-10 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the positions held by ḥanafite Muslim jurists in South Asia in the 17th century with regard to the coexistence of Muslims and non-Muslims, and, secondly, compares the opinions put forth by these South Asian jurists with those maintained by their counterparts in Central Asia and the Middle East.
Book Synopsis The Second Arab Awakening by : Marwan Muasher
Download or read book The Second Arab Awakening written by Marwan Muasher and published by Yale University Press. This book was released on 2014-01-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: A knowledgeable insider provides the first clear view of what has happened in the Arab world and why
Book Synopsis Family, Gender, and Law in a Globalizing Middle East and South Asia by : Kenneth M. Cuno
Download or read book Family, Gender, and Law in a Globalizing Middle East and South Asia written by Kenneth M. Cuno and published by Syracuse University Press. This book was released on 2009-12-28 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this collection examine issues of gender, family, and law in the Middle East and South Asia. In particular, the authors address the impact of colonialism on law, family, and gender relations; the role of religious politics in writing family law and the implications for gender relations; and the tension between international standards emerging from UN conferences and conventions and various nationalist projects. Employing the frame of globalization, the authors highlight how local and global forces interact and influence the experience and actions of people who engage with the law. By virtue of a "south-south" comparison of two quite similar and culturally linked regions, contributors avoid positing "the West" as a modern telos. Drawing upon the fields of anthropology, history, sociology, and law, this volume offers a wide-ranging exploration of the complicated history of jurisprudence with regard to family and gender.
