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The Criterion For Distinguishing Legal Opinions From Judicial Rulings And The Administrative Acts Of Judges And Rulers
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Book Synopsis The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers by : Shihab al‑Din al‑Qarafi
Download or read book The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers written by Shihab al‑Din al‑Qarafi and published by Yale University Press. This book was released on 2017-05-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi’s seminal work available to a wider audience. Al-Qarafi’s examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.
Book Synopsis Public Reason and Courts by : Silje A. Langvatn
Download or read book Public Reason and Courts written by Silje A. Langvatn and published by Cambridge University Press. This book was released on 2020-06-04 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.
Book Synopsis Slavery and Islam by : Jonathan A.C. Brown
Download or read book Slavery and Islam written by Jonathan A.C. Brown and published by Simon and Schuster. This book was released on 2020-03-05 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when authorities you venerate condone something you know is wrong? Every major religion and philosophy once condoned or approved of slavery, but in modern times nothing is seen as more evil. Americans confront this crisis of authority when they erect statues of Founding Fathers who slept with their slaves. And Muslims faced it when ISIS revived sex slavery, justifying it with verses from the Quran and the practice of Muhammad. Exploring the moral and ultimately theological problem of slavery, Jonathan A.C. Brown traces how the Christian, Jewish and Islamic traditions have tried to reconcile modern moral certainties with the infallibility of God’s message. He lays out how Islam viewed slavery in theory, and the reality of how it was practiced across Islamic civilization. Finally, Brown carefully examines arguments put forward by Muslims for the abolition of slavery.
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 450 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.
Book Synopsis Living with the Law by : Oded Zinger
Download or read book Living with the Law written by Oded Zinger and published by University of Pennsylvania Press. This book was released on 2023-03-07 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Living with the Law explores the marital disputes of Jews in medieval Islamic Egypt (1000-1250), relating medieval gossip, marital woes, and the voices of men and women of a world long gone. Probing the rich documents of the Cairo Geniza, a unique repository of discarded paper discovered in Cairo synagogue, the book recovers the life stories of Jewish women and men working through their marital problems at home, with their families, in the streets of old Cairo and in Jewish and Muslim courts. Despite a voluminous literature on Jewish law, the everyday practice of Jewish courts has only recently begun to be investigated systematically. The experiences of those at a legal, social, and cultural disadvantage allow us to go beyond the image propagated by legal institutions and offer a view "from below" of Jewish communal life and Jewish law as it was lived. Examining the interactions between gender and law in medieval Jewish communities under Islamic rule, Oded Zinger considers how women experienced Jewish courts and the pressure they were under to relinquish their monetary rights at court and at home. The tactics with which women countered this pressure, ranging from exploiting family ties to appealing to Muslim courts, expose the complex relationship between individual agency, gendered expectations, and communal authority. Zinger concludes that more than money, education, or lineage, it was the maintenance of a supportive network of social relations with men that protected women at different stages of their lives.
Book Synopsis A Historical Approach to Casuistry by : Carlo Ginzburg
Download or read book A Historical Approach to Casuistry written by Carlo Ginzburg and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Casuistry, the practice of resolving moral problems by applying a logical framework, has had a much larger historical presence before and since it was given a name in the Renaissance. The contributors to this volume examine a series of case studies to explain how different cultures and religions, past and present, have wrestled with morality's exceptions and margins and the norms with which they break. For example, to what extent have the Islamic and Judaic traditions allowed smoking tobacco or gambling? How did the Spanish colonization of America generate formal justifications for what it claimed? Where were the lines of transgression around food, money-lending, and sex in Ancient Greece and Rome? How have different systems dealt with suicide? Casuistry lives at the heart of such questions, in the tension between norms and exceptions, between what seems forbidden but is not. A Historical Approach to Casuistry does not only examine this tension, but re-frames casuistry as a global phenomenon that has informed ethical and religious traditions for millennia, and that continues to influence our lives today.
Book Synopsis Harmonizing Similarities by : Elias G. Saba
Download or read book Harmonizing Similarities written by Elias G. Saba and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-10-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law.
Book Synopsis Islamic Jurisprudence, Islamic Law, and Modernity by : Mohammad H. Fadel
Download or read book Islamic Jurisprudence, Islamic Law, and Modernity written by Mohammad H. Fadel and published by Lockwood Press. This book was released on 2023-08-01 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mohammad Fadel's scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel's intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists' assumptions about politics, economics, and the domestic sphere. Fadel's readings of Islamic legal sources suggest that Islamic law remains relevant to a society in which legitimate disagreements over law and morality seem intractable. At the same time, from the Rawlsian perspective he adopts, Fadel reminds us that premodern Muslim jurists formulated Islamic law also under conditions of substantial controversy over matters of law and morality, as well as over questions of religion, politics, theology, and metaphysics. The studies gathered together in this volume adroitly illustrate Fadel's interest in Islamic law as a domain of Islamic political thought and as a framework that might be deployed in today's pluralistic and secularized societies.
Book Synopsis Overcoming Orientalism by : Tamara Sonn
Download or read book Overcoming Orientalism written by Tamara Sonn and published by Oxford University Press. This book was released on 2021-05-28 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Orientalism is the term applied to scholarship that reduces Islam and Muslims to stereotypes of ignorance and violence in need of foreign control. It has been used to rationalize Europe's colonial domination of most of the Muslim world and continued American-led interventions in the post-colonial period. In the past 30 years it has been represented by claims that a monolithic Islam and equally monolithic West are distinct civilizations, sharing nothing in common and, indeed, involved in an inevitable "clash" from which only one can emerge the winner. Most recently, it has appeared in Alt Right rhetoric. Anti-Muslim sentiment, measured in public opinion polls, hate crime statistics, and legislation, is reaching record levels. Since John Esposito published his first book nearly 40 years ago, he has been guiding readers beyond such politically charged stereotypes. The essays in this volume highlight the contributions of scholars from a variety of disciplines who, like -- and often inspired by -- John Esposito, recognize the misleading and politically dangerous nature of Orientalist polarizations. They present Islam as a multi-faceted and dynamic tradition embraced by communities in globally interconnected but substantially diverse contexts over the centuries. The contributors follow Esposito's lead, stressing the profound commonalities among religions and replacing Orientalist discourse with holistic analyses of the complex historical phenomena that affect developments in all societies. In addition to chapters focusing on diversity among Muslims and interfaith relations, this collection includes chapters assessing the secular bias at the root of Orientalist scholarship, and contemporary iterations of Orientalism in the form of Islamophobia.
Book Synopsis The Maghrib in the Mashriq by : Maribel Fierro
Download or read book The Maghrib in the Mashriq written by Maribel Fierro and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-01-18 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a pioneering book about the impact that knowledge produced in the Maghrib (Islamic North Africa and al-Andalus = Muslim Iberia) had on the rest of the Islamic world. It presents results achieved in the Research Project "Local contexts and global dynamics: al-Andalus and the Maghrib in the Islamic East (AMOI)", funded by the Spanish Ministry of Science, Innovation and Universities (FFI2016-78878-R AEI/FEDER, UE) and directed by Maribel Fierro and Mayte Penelas. The book contains 18 contributions written by senior and junior scholars from different institutions all over the world. It is divided into five sections dealing with how knowledge produced in the Maghrib was integrated in the Mashriq starting with the emergence and construction of the concept 'Maghrib' (sections 1 and 2); how travel allowed the reception in the Maghrib of knowledge produced in the Mashriq but also the transmission of locally produced knowledge outside the Maghrib, and the different ways in which such transmission took place (sections 3 and 4), and how the Maghribis who stayed or settled in the Mashriq manifested their identity (section 5). The book will be of interest not only for those whose research concentrates on the Maghrib but more generally for those who want to understand the complex and shifting dynamics between 'centres' and 'peripheries' as regards intellectual production and circulation.
Book Synopsis Islamic Law and the State by : Sherman A. Jackson
Download or read book Islamic Law and the State written by Sherman A. Jackson and published by BRILL. This book was released on 2023-08-21 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with an Ayyūbid-Mamlūk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Mamlūk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihād was the dominant hegemony, into the post-formative period during which taqlīd came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority. Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and the schools, the latter imposing limits on the executive authority of the state.
Book Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař
Download or read book Perils of Judicial Self-Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Book Synopsis The Concept of Dilemma in Legal and Judicial Ethics by : Przemysław Kaczmarek
Download or read book The Concept of Dilemma in Legal and Judicial Ethics written by Przemysław Kaczmarek and published by Wydawnictwo C.H.Beck. This book was released on 2018-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
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.
Book Synopsis A Critique of Adjudication [fin de Sicle] by : Duncan Kennedy
Download or read book A Critique of Adjudication [fin de Sicle] written by Duncan Kennedy and published by Harvard University Press. This book was released on 2009-06-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.
Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile
Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.
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