The Expert Witness in Islamic Courts

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226749355
Total Pages : 302 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Expert Witness in Islamic Courts by : Ron Shaham

Download or read book The Expert Witness in Islamic Courts written by Ron Shaham and published by University of Chicago Press. This book was released on 2010-04-15 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.

Understanding Political Islam

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Publisher : Manchester University Press
ISBN 13 : 1526143461
Total Pages : 363 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis Understanding Political Islam by : François Burgat

Download or read book Understanding Political Islam written by François Burgat and published by Manchester University Press. This book was released on 2019-12-20 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Political Islam retraces the human and intellectual development that led François Burgat to a very firm conviction: that the roots of the tensions that afflict the Western world’s relationship with the Muslim world are political rather than ideological. In his compelling account of the interactions between personal life-history and professional research trajectories, Burgat examines how the rise of political Islam has been expressed: first in the Arab world, then in its interactions with European and Western societies. An essential continuation of his work on Islamism, Burgat’s unique field research and ‘political trespassing’ marks an overdue challenge to the academic mainstream.

Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie

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Publisher : Open Book Publishers
ISBN 13 : 1783741473
Total Pages : 422 pages
Book Rating : 4.7/5 (837 download)

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Book Synopsis Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie by : Frankie McCarthy

Download or read book Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie written by Frankie McCarthy and published by Open Book Publishers. This book was released on 2015-05-11 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.

The Development of Islamic Law and Society in the Maghrib

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Author :
Publisher : Routledge
ISBN 13 : 9781409403708
Total Pages : 0 pages
Book Rating : 4.4/5 (37 download)

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Book Synopsis The Development of Islamic Law and Society in the Maghrib by : David Stephan Powers

Download or read book The Development of Islamic Law and Society in the Maghrib written by David Stephan Powers and published by Routledge. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.

A Geo-Legal Approach to the English Sharia Courts

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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.

Laws of Men and Laws of Nature

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Publisher : Harvard University Press
ISBN 13 : 0674037693
Total Pages : 336 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Laws of Men and Laws of Nature by : Tal GOLAN

Download or read book Laws of Men and Laws of Nature written by Tal GOLAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tal Golan charts the use of expert testimony in British and American courtrooms from the 18th century to the present day. He assesses the standing of the expert witness, which has in recent years declined amid courtroom drama and media jeering.

Forensic Psychiatry in Islamic Jurisprudence

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Publisher : International Institute of Islamic Thought (IIIT)
ISBN 13 : 1565642767
Total Pages : 44 pages
Book Rating : 4.5/5 (656 download)

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Book Synopsis Forensic Psychiatry in Islamic Jurisprudence by : Kutaiba S. Chaleby

Download or read book Forensic Psychiatry in Islamic Jurisprudence written by Kutaiba S. Chaleby and published by International Institute of Islamic Thought (IIIT). This book was released on 2001-01-01 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book in Forensic Psychiatry that focuses on the application of psychiatry to legal issues connected with Islamic jurisprudence. Holding a unique position amongst the world’s religions in its containment of every aspect of human existence, it is openly natural for Islam to govern both the spiritual and legislative aspects of life. It is therefore not surprising that one of the most important conclusions drawn by the study is that ability of Islamic jurisprudence to cover almost every issue raised in the field of forensic psychiatry. The range of interpretations encompassing these issues is so wide that a match for many aspects of different secular laws can be found in at least one of the four schools of thought. This gives contemporary psychiatry in any Islamic country a broad spectrum of tools to work with, enabling the utilization of options specific to particular societal and cultural norms. This book will appeal to both the general as well as the academic reader drawing important and wide-ranging conclusions relevant for many individuals and societies in the Islamic world. This work will appeal to both the general as well as the academic reader drawing important and wide-ranging conclusions relevant for many individuals and societies in the Islamic world.

The Oxford Handbook of Criminal Law

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Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Crimes of Terror

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Publisher : Oxford University Press
ISBN 13 : 0190234164
Total Pages : 226 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Crimes of Terror by : Wadie E. Said

Download or read book Crimes of Terror written by Wadie E. Said and published by Oxford University Press. This book was released on 2015-04-08 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. It establishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. Proceeding in a linear manner from the investigatory stage of a prosecution on through to sentencing, the book documents the emergence of a "terrorist exceptionalism" to normal rules of criminal law and procedure and questions whether the government has overstated the threat posed by the individuals it charges with these crimes. Included is a discussion of the large-scale spying and use of informants rooted in the questionable "radicalization" theory; the material support statute--the government's chief legal tool in bringing criminal prosecutions; the new rules regarding generation of evidence and the broad construction of that evidence as relevant at trial; and a look at the special sentencing and confinement regimes for those convicted of terrorist crimes. In this critical examination of terrorism prosecutions in federal court, Professor Said reveals a phenomenon at odds with basic constitutional protections for criminal defendants.

Islamic Criminal Law in Northern Nigeria

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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.

The Impossibility of Religious Freedom

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Publisher : Princeton University Press
ISBN 13 : 0691180954
Total Pages : 330 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Impossibility of Religious Freedom by : Winnifred Fallers Sullivan

Download or read book The Impossibility of Religious Freedom written by Winnifred Fallers Sullivan and published by Princeton University Press. This book was released on 2018-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.

Practicing Shariah Law

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Author :
Publisher :
ISBN 13 : 9781614386759
Total Pages : 0 pages
Book Rating : 4.3/5 (867 download)

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Book Synopsis Practicing Shariah Law by : Hauwa Ibrahim

Download or read book Practicing Shariah Law written by Hauwa Ibrahim and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practicing Law in Shariah Courts: Seven Strategies for Achieving Justice in Shariah Courts describes the Shariah courts of Northern Nigeria, and offers advice for counsel practicing in Shariah courts worldwide, particularly in cases involving women. In this important book, you'll find insight into practicing law in Shariah courts, and some questions that arise from being on the field, from the authors experience of seeking justice under these laws both legally and spiritually.

Muslim Midwives

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Publisher : Cambridge University Press
ISBN 13 : 1107054214
Total Pages : 209 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Muslim Midwives by : Avner Gilʻadi

Download or read book Muslim Midwives written by Avner Gilʻadi and published by Cambridge University Press. This book was released on 2015 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconstructs the role of midwives in medieval to early modern Islamic history through a careful reading of a wide range of classical and medieval Arabic sources. The author casts the midwife's social status in premodern Islam as a privileged position from which she could mediate between male authority in patriarchal society and female reproductive power within the family. This study also takes a broader historical view of midwifery in the Middle East by examining the tensions between learned medicine (male) and popular, medico-religious practices (female) from early Islam into the Ottoman period and addressing the confrontation between traditional midwifery and Western obstetrics in the first half of the nineteenth century.

Principles of Evidence in Islam

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Author :
Publisher :
ISBN 13 : 9789830650753
Total Pages : 159 pages
Book Rating : 4.6/5 (57 download)

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Book Synopsis Principles of Evidence in Islam by :

Download or read book Principles of Evidence in Islam written by and published by . This book was released on 1999 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Bibliography of Islamic Criminal Law, Supplement

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Publisher : BRILL
ISBN 13 : 9004699031
Total Pages : 364 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis A Bibliography of Islamic Criminal Law, Supplement by : Olaf Köndgen

Download or read book A Bibliography of Islamic Criminal Law, Supplement written by Olaf Köndgen and published by BRILL. This book was released on 2024-07-25 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present work supplements the original volume of A Bibliography of Islamic Criminal Law, the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline this bibliography covers in its thematic section not only the classical crime categories of ḥudūd, qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section, dedicated to countries, eras and institutions Olaf Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law, also with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.

Islamic Law and Empire in Ottoman Cairo

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Author :
Publisher : Edinburgh University Press
ISBN 13 : 1474419070
Total Pages : 248 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis Islamic Law and Empire in Ottoman Cairo by : James Baldwin

Download or read book Islamic Law and Empire in Ottoman Cairo written by James Baldwin and published by Edinburgh University Press. This book was released on 2016-12-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents

Family and the Courts in Modern Egypt

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Author :
Publisher : BRILL
ISBN 13 : 9789004107427
Total Pages : 294 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Family and the Courts in Modern Egypt by : Rôn Šaham

Download or read book Family and the Courts in Modern Egypt written by Rôn Šaham and published by BRILL. This book was released on 1997 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new study describes and analyzes the response of Egyptian society, as reflected in court decisions, to legal reform pertaining to matters of personal status and succession during the first half of the twentieth century. The main issues in this regard are the extent to which traditional law and legal reform are implemented or circumvented in daily practice, and the role of the judges in this process. "Family and the Courts in Modern Egypt" contains three parts: marriage, divorce, and intergenerational relations. Scholars and the general reader will find its main contribution to be its systematic analysis of court records relating to the application of modern reforms in family matters; and its attempt to situate the legal aspects of family life within the larger context of socio-economic development in Egyptian society.