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Muslim Legal Pluralism In The West
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Book Synopsis Muslim Legal Pluralism in the West by : Ihsan Yilmaz
Download or read book Muslim Legal Pluralism in the West written by Ihsan Yilmaz and published by Palgrave Macmillan. This book was released on 2024-08-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive introductory text to the subject of Western Muslims’ diverse interpretations, discussions and practices of Shari’a with a particular focus on their daily lives in the West. Through a series of interconnected chapters, the book navigates key themes such as Shari’a and legal pluralism, Shari’a vis-à-vis the experiences and political participation of Muslims in Western democracies, the role of religious scholars, the dynamics of Shari’a courts, Shari’a and multiple belongings, and transnational loyalties. Functioning as a comprehensive reader and handbook, the book offers non-experts a comprehensive understanding of the meaning and relevance of Shari’a in Western contexts, exploring how Muslims interpret and apply its principles in their lived experiences and challenging the one-dimensional narratives.
Book Synopsis Muslim Legal Pluralism in the West by : Ihsan Yilmaz
Download or read book Muslim Legal Pluralism in the West written by Ihsan Yilmaz and published by Springer Nature. This book was released on with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 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 320 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 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.
Book Synopsis Pluralism, Transnationalism and Culture in Asian Law by : Gary F Bell
Download or read book Pluralism, Transnationalism and Culture in Asian Law written by Gary F Bell and published by Flipside Digital Content Company Inc.. This book was released on 2018-02-14 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.
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 Juridical Perspectives between Islam and the West by : Federico Lorenzo Ramaioli
Download or read book Juridical Perspectives between Islam and the West written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024-01-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
Book Synopsis Sharia as Informal Law by : Ihsan Yilmaz
Download or read book Sharia as Informal Law written by Ihsan Yilmaz and published by Taylor & Francis. This book was released on 2024-08-01 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a comprehensive approach to investigate how Sharia influences and manifests in the everyday lives of young Muslims, aiming to unravel the meaning and relevance of Sharia-driven laws and practices in English-speaking Western societies. By focusing on the grassroots level, it provides a deeper understanding of the lived experiences of Muslims and their relationship with Sharia. The presence of Muslims in Western countries has a long history, with recent waves of migration and conversions contributing to their increasing numbers. This study recognizes the diverse nature of the Muslim community, comprising both migrants and local converts, who have become integral parts of the pluralistic fabric of multicultural societies. The research draws on in-depth interviews with 122 young Muslim individuals from diverse backgrounds representing three different Western countries: Australia, the United States, and the United Kingdom. Diversity of participants allows for a broader exploration of the Muslim community and the inherent diversity of opinions, interpretations, and practices regarding Sharia. This approach moves beyond theoretical debates, providing concrete insights into the practical implications of Sharia for young Muslims in their respective Western contexts. The book also sheds light on the evolving landscape of information and knowledge acquisition in the age of digital technologies and cyberspace. It explores how young Muslims access and seek knowledge in the twenty-first century, recognizing the impact of changing sources and modes of information on their religious practices and beliefs. This aspect adds a valuable dimension to the study, capturing the dynamic nature of knowledge dissemination and acquisition among young Muslims in Western societies. The book will be fascinating reading for academics, researchers, and policy-makers working in the areas of Law, Political Science, Minority Studies, Religious Studies, and Islamic Studies.
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 478 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 Domestic Legal Pluralism and the International Criminal Court by : Justin Su-Wan Yang
Download or read book Domestic Legal Pluralism and the International Criminal Court written by Justin Su-Wan Yang and published by Routledge. This book was released on 2021-09-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the unique historical development of Islamic Shari’a criminal law alongside English common law in northern Nigeria has created a hybridised criminal legal system through a pluralist dynamic of mutual accommodation. It studies how this system may potentially be accommodated by the International Criminal Court. The work examines how this could be accommodated through the current understanding and operation of complementarity, and that it could ultimately prove to be preferable in encouraging the Shari’a courts to exercise criminal justice over the radical insurgents in northern Nigeria. These courts would have the unprecedented ability to combine binding adjudicative judgments together with religious interpretation and guidance, which can directly combat the predominantly unchallenged domain of ideology by extremist actors. It is submitted that these pluralist perspectives are timely and welcome, given the undeniably Western European foundations of modern International Criminal Law. In exploring such potential avenues, our shared understanding of modern international criminal justice is widened to necessarily include other stakeholders beyond its Western founders. It is the aim and hope that such interactions and engagements with non-Western traditions and cultures will lead to a greater shared ownership of the international criminal justice project, which will only strengthen the global fight against impunity. The book will be essential reading for academics, researchers and policy-makers working in the areas of International Criminal Law, Legal Pluralism, Islamic Shari’a Law, Nigeria, and religiously-inspired violence.
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 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 Legal Pluralism and Governance in South Asia and Diasporas by : Livia Holden
Download or read book Legal Pluralism and Governance in South Asia and Diasporas written by Livia Holden and published by Routledge. This book was released on 2016-04-14 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Pluralism and Governance in South Asia and the Diasporas contributes to the already heated debate about legal pluralism and the ontology of law by shifting the attention toward the relationship between what is treated as law and its impact on governance at the fora of dispute resolution. This book addresses sensitive issues such as gender rights and alternative dispute resolution in India, Hindu and Muslim personal laws in South Asia and in Europe, cross-border white violence, the change to Islamic legal traditions under Western domination, women’s inheritance in Pakistan and in the disputed territory of Gilgit Baltistan, indigenous rights and resistance at the India-Bangladesh border, and customary laws of nomadic groups in India. The authors deploy a variety of views that point at the pros and cons of legal pluralism and also integrates its opponents. They show how constructions of identity, religion, and power have historically informed the conceptualisation of secularism which may be an ideal, sometimes able to provide for perceptions of accountable governance, but also generating dividing worldviews. This book was published as a special issue of the Journal of Legal Pluralism and Official Law.
Book Synopsis Legal Pluralism in Conflict by : Prakash Shah
Download or read book Legal Pluralism in Conflict written by Prakash Shah and published by Routledge. This book was released on 2016-09-17 with total page 213 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. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict 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.
