Sharia As Informal Law

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Sharia as Informal Law

Author : Ihsan Yilmaz
Publisher : Taylor & Francis
ISBN 13 : 1040097901
Total Pages : 175 pages
Book Rating : 4.0/5 (4 download)

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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.

Sharia - The Islamic Law

Author : Corinna Standke
Publisher : GRIN Verlag
ISBN 13 : 364014967X
Total Pages : 30 pages
Book Rating : 4.6/5 (41 download)

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Book Synopsis Sharia - The Islamic Law by : Corinna Standke

Download or read book Sharia - The Islamic Law written by Corinna Standke and published by GRIN Verlag. This book was released on 2008-08 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2008 in the subject Orientalism / Sinology - Islamic Studies, grade: 1,7, University of Hildesheim (Institut für Angewandte Sprachwissenschaft), course: Ba-Seminar Interkulturelle Kommunikation, 18 entries in the bibliography, language: English, abstract: Today, we live in a multicultural society. In our nearest environment there are people from different cultures or religions and they are part of our society. Muslims are one group that participates in our daily lives. For example, we are surrounded by many Turkish people, without really knowing which principles they follow. If we open a newspaper, we find plenty of articles dealing with Sharia, the Islamic law. There is for example the Archbishop of Canterbury who wants to integrate Islamic law into British law. And at present, the debate on headscarves in Turkish universities revives. Once in a while, we hear from women who are sentenced to death because they had unlawful sexual intercourse. But what do we really know about Muslims? Which rules do they follow and where do these rules come from? If we cannot answer this question, it is difficult to understand why there are these harsh punishments in some Islamic countries and why Islam is so important for the social development of these countries. There are Islamically inspired schools, clinics, social welfare services, and insurance and finance companies that have proliferated. Governments have to face crises of identity and political legitimacy and they are pressured to reformulate values and legislation within an Islamic framework. Some people call for the implementation of Sharia and others call for the Islamization of existing laws. In my paper, I will give an insight into Sharia and I will show how it is implemented in different Islamic countries. As this is a very complex topic, I will focus on the origin of Sharia, customs, family law, and crime and punishment, so as to explain the main principles of Muslim faith.

Islam and the Rule of Justice

Author : Lawrence Rosen
Publisher : University of Chicago Press
ISBN 13 : 022651174X
Total Pages : 293 pages
Book Rating : 4.2/5 (265 download)

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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.

Islamic Law and International Law

Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
ISBN 13 : 0190064633
Total Pages : 329 pages
Book Rating : 4.1/5 (9 download)

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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"--

An Introduction to Islamic Law

Author : Wael B. Hallaq
Publisher : Cambridge University Press
ISBN 13 : 1139489305
Total Pages : 209 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq

Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

In the Shadow of Sharīʻah

Author : Matthew J. Nelson
Publisher :
ISBN 13 : 9780231700726
Total Pages : 0 pages
Book Rating : 4.7/5 (7 download)

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Book Synopsis In the Shadow of Sharīʻah by : Matthew J. Nelson

Download or read book In the Shadow of Sharīʻah written by Matthew J. Nelson and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent events in Pakistan and the Islamic world have sparked an unprecedented level of interest in the relationship between Islam and democracy. In the Shadow of Shari'ahsets out to prove that Islam and the democratic ethos are neither compatible nor incompatible in any permanent or specific sense. Rather, the two work more or less in concert in relation to the historically embedded choices of individual Muslims and their specific approaches to Islamic law. Studies of shari'ah, or Islamic law, lie at the heart of several important debates, but carefully researched scholarship on the terms of Islamic law are rare. Matthew J. Nelson launches a historically embedded analysis of shari'ah in Pakistan's largest and most influential province, Punjab, to highlight the relationships among Islam, Islamic law, and democracy and the ways in which different cultural and historical contexts transform each entity. Nelson begins with colonial and postcolonial efforts to introduce shari'ah into an environment tied to "tribal" custom, then he examines the way in which electoral accountability came to privilege those who could simultaneously sustain Islamic law "in theory" and customary law "in practice." Drawing attention to the interaction of formal and informal legal and political institutions over time, Nelson argues that a deeper understanding of the relationship between Islam and democracy requires a more sophisticated appreciation of the complex legal strategies adopted by individual Muslims.

A Geo-Legal Approach to the English Sharia Courts

Author : Anna Marotta
Publisher : BRILL
ISBN 13 : 9004473092
Total Pages : 317 pages
Book Rating : 4.0/5 (44 download)

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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.

Informal Justice

Author : Institute of Law Birzeit University
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781523263585
Total Pages : 154 pages
Book Rating : 4.2/5 (635 download)

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Book Synopsis Informal Justice by : Institute of Law Birzeit University

Download or read book Informal Justice written by Institute of Law Birzeit University and published by Createspace Independent Publishing Platform. This book was released on 2016-01-03 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palestinian Legal System is often characterised as complex, since it consists of different layers of colonial codes and rules: Ottoman, British, Jordanian, and Egyptian laws, Israeli military orders and Palestinian legislation. Complicating matters further, there are at least two segments of legal and judicial life that coexist in Palestine:1 Codified laws and regulations, which include the religious laws (i.e. Sharia), and an informal system of conflict resolution based on customs (urf). The term 'informal justice' refers to a social phenomenon widespread throughout the West Bank, East Jerusalem and Gaza Strip, comprising the settlement of disputes between citizens outside the framework of the regular or formal (nizami) courts. It is a phenomenon which exists in a number of Arab countries. The book presents a deep socio-legal investigation and places legal and tribal practices in the general social context. It also strives to understand the social logic and general principles that govern informal justice and to explain the reasons for continued use of the system. It therefore does not start off from a position that simply emphasises the need for an official unified legal system that guarantees the rule of law, however imperative this is; rather, it is based on the principle that positions and recommendations must be based on a detailed understanding of the way informal justice works in real life, through the actions and positions of real social actors (ordinary people, formal and informal actors). The book provides a chronology of public institutions produced by the various regimes which have exerted their sovereignty on Palestine. The chronology allows the non specialist reader to understand the evolution of the system through those periods until the establishment of the Palestinian Authority and effect of the Israeli occupation on the system. The researchers involved in the study used field research to disclose the extent of the relationship and interaction between informal justice and the various social sectors and their institutions. This was included in-depth interviews with actors connected to informal justice; it also included collecting relevant documents from the different areas in the West Bank, East Jerusalem and Gaza. The book points to ingenious distinctions and contradictions between collective and individual approaches of law and rights when dealing at the same time with informal and official justice and by introducing a dose of political philosophy in the socio-legal approach, the researchers of the study draw the readers' attention on sensitive issues dealt with in Palestine today and challenge traditional perceptions on the nature of the rule of law and building state institutions in a conflict situation.

China and Islam

Author : Matthew S. Erie
Publisher : Cambridge University Press
ISBN 13 : 1107053374
Total Pages : 473 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis China and Islam by : Matthew S. Erie

Download or read book China and Islam written by Matthew S. Erie and published by Cambridge University Press. This book was released on 2016-09 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first ethnographic study of Muslim minorities' practice of Islamic law in contemporary China.

Sharia Compliant

Author : Rumee Ahmed
Publisher : Encountering Traditions
ISBN 13 : 9781503605701
Total Pages : 0 pages
Book Rating : 4.6/5 (57 download)

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Book Synopsis Sharia Compliant by : Rumee Ahmed

Download or read book Sharia Compliant written by Rumee Ahmed and published by Encountering Traditions. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the ins and outs of Islamic legal change and provides readers with step-by-step instructions for shaping the future of Islamic law.

Authoritarianism, Informal Law, and Legal Hybridity

Author : Ihsan Yilmaz
Publisher : Springer Nature
ISBN 13 : 9811902763
Total Pages : 259 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Authoritarianism, Informal Law, and Legal Hybridity by : Ihsan Yilmaz

Download or read book Authoritarianism, Informal Law, and Legal Hybridity written by Ihsan Yilmaz and published by Springer Nature. This book was released on 2022-04-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates Turkey’s departure from a ‘flawed democracy’ under Kemalist secularism, and its transitioning into Islamist authoritarian Erdoğanism, through the lenses of informal law, legal pluralism, and legal hybridity. In doing so, it examines the attempts of Turkey’s ruling party (AKP) at social engineering and gradual Islamisation of the Turkish state and society, by using informal Islamist laws. To that end, the book argues that the AKP has paved the way for Islamist legal hybridity where society, state, and law, are being gradually Islamised on an ad hoc basis. Informal law and legal pluralism in Turkey have had a non-state characteristic which have permitted Muslims to solve disputes by seeking the opinions of religio-legal scholars. Yet under the AKP rule, this informal legal system has become increasingly dominated by conservatives, sometimes radical Islamists, which the governing party has taken advantage of by either formalizing some parts of the informal Islamist law, or using it informally to mobilize its supporters against the opposition.

Islamic Family Law

Author : Chibli Mallat
Publisher : BRILL
ISBN 13 : 9781853333019
Total Pages : 418 pages
Book Rating : 4.3/5 (33 download)

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Book Synopsis Islamic Family Law by : Chibli Mallat

Download or read book Islamic Family Law written by Chibli Mallat and published by BRILL. This book was released on 1990 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.

Islamic Criminal Law in Northern Nigeria

Author : Gunnar J. Weimann
Publisher : Amsterdam University Press
ISBN 13 : 9056296558
Total Pages : 205 pages
Book Rating : 4.0/5 (562 download)

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Book Synopsis Islamic Criminal Law in Northern Nigeria by : Gunnar J. Weimann

Download or read book Islamic Criminal Law in Northern Nigeria written by Gunnar J. Weimann and published by Amsterdam University Press. This book was released on 2010 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.

Sharia and Women's Rights in Afghanistan

Author : Anastasiya Hozyainova
Publisher :
ISBN 13 : 9781601272263
Total Pages : 9 pages
Book Rating : 4.2/5 (722 download)

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Book Synopsis Sharia and Women's Rights in Afghanistan by : Anastasiya Hozyainova

Download or read book Sharia and Women's Rights in Afghanistan written by Anastasiya Hozyainova and published by . This book was released on 2014 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women's rights in Afghanistan have been supported and championed by Afghan and international advocates and organizations since 2002. Substantial progress has been made, but the women's rights movement faces an uncertain future in the wake of the 2014 international troop withdrawals. In addition to the potential for decreased financial and public support from international actors, women's rights advocates face the challenge of collaborating with a national government that has been mistrusted by the Afghan people while trying to promote norms and laws that often contradict deeply held community traditions. This report draws on numerous in-country interviews, discussions and debates to explore a way forward for women's rights in Afghanistan: promoting women's rights through an Islamic framework. Women's rights groups have increasingly been using Sharia-based arguments and working with religious leaders to give arguments for stronger women's rights protections more legitimacy. Greater understanding of how Islamic legal literacy, scholarship and dialogue might help protect women's rights in the coming difficult period is crucial.

The Long Divergence

Author : Timur Kuran
Publisher : Princeton University Press
ISBN 13 : 1400836018
Total Pages : 422 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Long Divergence by : Timur Kuran

Download or read book The Long Divergence written by Timur Kuran and published by Princeton University Press. This book was released on 2012-11-11 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: How religious barriers stalled capitalism in the Middle East In the year 1000, the economy of the Middle East was at least as advanced as that of Europe. But by 1800, the region had fallen dramatically behind—in living standards, technology, and economic institutions. In short, the Middle East had failed to modernize economically as the West surged ahead. What caused this long divergence? And why does the Middle East remain drastically underdeveloped compared to the West? In The Long Divergence, one of the world's leading experts on Islamic economic institutions and the economy of the Middle East provides a new answer to these long-debated questions. Timur Kuran argues that what slowed the economic development of the Middle East was not colonialism or geography, still less Muslim attitudes or some incompatibility between Islam and capitalism. Rather, starting around the tenth century, Islamic legal institutions, which had benefitted the Middle Eastern economy in the early centuries of Islam, began to act as a drag on development by slowing or blocking the emergence of central features of modern economic life—including private capital accumulation, corporations, large-scale production, and impersonal exchange. By the nineteenth century, modern economic institutions began to be transplanted to the Middle East, but its economy has not caught up. And there is no quick fix today. Low trust, rampant corruption, and weak civil societies—all characteristic of the region's economies today and all legacies of its economic history—will take generations to overcome. The Long Divergence opens up a frank and honest debate on a crucial issue that even some of the most ardent secularists in the Muslim world have hesitated to discuss.

Land, Law and Islam

Author : Hilary Lim
Publisher : Zed Books Ltd.
ISBN 13 : 1848137206
Total Pages : 247 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis Land, Law and Islam by : Hilary Lim

Download or read book Land, Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Family Law in Islam

Author : Maaike Voorhoeve
Publisher : I.B. Tauris
ISBN 13 : 9781784536268
Total Pages : 256 pages
Book Rating : 4.5/5 (362 download)

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Book Synopsis Family Law in Islam by : Maaike Voorhoeve

Download or read book Family Law in Islam written by Maaike Voorhoeve and published by I.B. Tauris. This book was released on 2016-03-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."