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Author : James Norman Dalrymple Anderson
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.F/5 ( download)
Download or read book The Maliki Law of Homicide written by James Norman Dalrymple Anderson and published by . This book was released on 1959 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alan Reed
Publisher : Routledge
ISBN 13 : 1351016296
Total Pages : 482 pages
Book Rating : 4.3/5 (51 download)
Download or read book Homicide in Criminal Law written by Alan Reed and published by Routledge. This book was released on 2018-10-03 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems’ approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.
Author : Rudolph Peters
Publisher : BRILL
ISBN 13 : 9004420622
Total Pages : 726 pages
Book Rating : 4.0/5 (44 download)
Download or read book Shariʿa, Justice and Legal Order written by Rudolph Peters and published by BRILL. This book was released on 2020-08-03 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book’s historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
Author : N. Coulson
Publisher : Routledge
ISBN 13 : 1351535293
Total Pages : 274 pages
Book Rating : 4.3/5 (515 download)
Download or read book A History of Islamic Law written by N. Coulson and published by Routledge. This book was released on 2017-07-12 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.
Author : Olaf Köndgen
Publisher : BRILL
ISBN 13 : 9004472789
Total Pages : 467 pages
Book Rating : 4.0/5 (44 download)
Download or read book A Bibliography of Islamic Criminal Law written by Olaf Köndgen and published by BRILL. This book was released on 2021-12-06 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Author : Noel Coulson
Publisher : Edinburgh University Press
ISBN 13 : 0748696490
Total Pages : 280 pages
Book Rating : 4.7/5 (486 download)
Download or read book History of Islamic Law written by Noel Coulson and published by Edinburgh University Press. This book was released on 2014-03-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Author : Michael Mumīsa
Publisher :
ISBN 13 : 9781909521421
Total Pages : 34 pages
Book Rating : 4.5/5 (214 download)
Download or read book Sharia Law and the Death Penalty written by Michael Mumīsa and published by . This book was released on 2015 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lawrence Rosen
Publisher : Cambridge University Press
ISBN 13 : 9780521367400
Total Pages : 136 pages
Book Rating : 4.3/5 (674 download)
Download or read book The Anthropology of Justice written by Lawrence Rosen and published by Cambridge University Press. This book was released on 1989-06-15 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
Author : Mohamed Elewa Badar
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250662
Total Pages : 413 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.
Author : Bonny Ibhawoh
Publisher : OUP Oxford
ISBN 13 : 0191643173
Total Pages : 226 pages
Book Rating : 4.1/5 (916 download)
Download or read book Imperial Justice written by Bonny Ibhawoh and published by OUP Oxford. This book was released on 2013-10-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imperial Justice explores the imperial control of judicial governance and the adjudication of colonial difference in British Africa. Focusing on the Judicial Committee of the Privy Council and the colonial regional Appeal Courts for West Africa and East Africa, it examines how judicial discourses of native difference and imperial universalism in local disputes influenced practices of power in colonial settings and shaped an evolving jurisprudence of Empire. Arguing that the Imperial Appeal Courts were key sites where colonial legal modernity was fashioned, the book examines the tensions that permeated the colonial legal system such as the difficulty of upholding basic standards of British justice while at the same time allowing for local customary divergence which was thought essential to achieving that justice. The modernizing mission of British justice could only truly be achieved through recognition of local exceptionality and difference. Natives who appealed to the Courts of Empire were entitled to the same standards of justice as their 'civilized' colonists, yet the boundaries of racial, ethnic, and cultural difference somehow had to be recognized and maintained in the adjudicatory process. Meeting these divergent goals required flexibility in colonial law-making as well as in the administration of justice. In the paradox of integration and differentiation, imperial power and local cultures were not always in conflict but were sometimes complementary and mutually reinforcing. The book draws attention not only to the role of Imperial Appeal Courts in the colonies but also to the reciprocal place of colonized peoples in shaping the processes and outcomes of imperial justice. A valuable addition to British colonial literature, this book places Africa in a central role, and examines the role of the African colonies in the shaping of British Imperial jurisprudence.
Author : IslamKotob
Publisher : IslamKotob
ISBN 13 :
Total Pages : pages
Book Rating : 4./5 ( download)
Download or read book في تاريخ التشريع written by IslamKotob and published by IslamKotob. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provided by Islamkotob.com as public domain book to share Islamic knowledge.If you have benefited from the book please donate to the publisher using Bitcoin 1KabbwfAuLBCRYD8xGQkEvUkXCbpzBgvdR If you have any comments on published book contact info [at] islamkotob.com
Author : C. Sylvester Whitaker Jr.
Publisher : Princeton University Press
ISBN 13 : 140087176X
Total Pages : 577 pages
Book Rating : 4.4/5 (8 download)
Download or read book The Politics of Tradition written by C. Sylvester Whitaker Jr. and published by Princeton University Press. This book was released on 2015-03-08 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking Northern Nigeria during the years 1946 to 1966 as an example, Professor Whitaker shows how modern institutions—parliamentary representation, a cabinet system, popular suffrage, and political parties—were introduced and how they resulted not in a displacement of tradition but in an astute absorption by traditional forces. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author : Emmanuel G Bello
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004637842
Total Pages : 406 pages
Book Rating : 4.0/5 (46 download)
Download or read book Essays in Honour of Judge Taslim Olawale Elias written by Emmanuel G Bello and published by Martinus Nijhoff Publishers. This book was released on 2023-07-17 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Text no. 1: The variety of topics covered and the quality of the contributors make these two volumes a necessary part of any law library in the world. The essays are designed to overlap in the well-tested and established fields and branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians and research scholars are familiar with. The essays fully demonstrate the depth of knowledge of the eminent professors and specialists who have written them. The two volumes of essays are divided into seven parts. Volume One, entitled Contemporary International Law and Human Rights, focuses essentially on subjects relating to International Law and is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by his Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Judge Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging and incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human rights subjects still hold pride of place in the thinking of many legal experts and scholars and that is clearly reflected here. The title of the second volume is African Law and Comparative Public Law. Part Five of the essays contains topics of interest in the African Legal system which has its roots in the British Common Law System. Constitutional Law is broadly covered in part six which forms a section of its own in Volume Two. Text no. 2: This Festschrift pays tribute to Judge Taslim Olawale Elias, the leading African exponent of International Law to date. The two volumes of essays are divided into seven parts. The first volume focuses essentially on subjects relating to International Law and is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by His Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Jugde Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging and incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human Rights subjects still hold the pride of place in the thinking of many legal experts and scholars which is clearly reflected here. The title of the second volume is African Law and Comparative Public Law. Part five of the essays contains topics of interest in African Legal system which took its roots from the British Common Law System. Constitutional Law is bloadly covered in part six which forms a section of its own in volume two. Quite apart from the variety of topics covered in this festschrift, the quality of the contributors to it, makes the whole exercise a necessary part of an important collection of any law library in the world. The framework of the essays suggest that they are designed to overlap in the well-tested and established field of law and those branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians and research scholars are familiar with. The richness of the festschrift is m.
Author : Shamil Jeppie
Publisher : Amsterdam University Press
ISBN 13 : 9089641726
Total Pages : 389 pages
Book Rating : 4.0/5 (896 download)
Download or read book Muslim Family Law in Sub-Saharan Africa written by Shamil Jeppie and published by Amsterdam University Press. This book was released on 2010 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers comparative historical, anthropological and legal perspectives on the ways in which French and British colonial administrations interacted with the diversity of Islamic legal schools, scholars, and practices in Africa.
Author : Stacey Hynd
Publisher : Bloomsbury Publishing
ISBN 13 : 135030266X
Total Pages : 279 pages
Book Rating : 4.3/5 (53 download)
Download or read book Imperial Gallows written by Stacey Hynd and published by Bloomsbury Publishing. This book was released on 2023-11-02 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not just a method of crime control or individual punishment in Britain's African territories, the death penalty was an integral aspect of colonial networks of power and violence. Imperial Gallows analyses capital trials from Kenya, Nyasaland and the Gold Coast to explore the social tensions that fueled murder among colonised populations, and how colonial legal cultures and landscapes of political authority shaped sentencing and mercy. It demonstrates how ideas of race, ethnicity, gender and 'civilization' could both spare and condemn Africans convicted of murder in colonial courts, and also how Africans could either appropriate or resist such colonial legal discourses in their trials and petitions. In this book, Stacey Hynd follows the whole process of capital punishment from the identification of a murder victim to trial and conviction, through the process of mercy and sentencing onto death row and execution. The scandals that erupted over the death penalty, from botched executions and moral panics over ritual murder, to the hanging of anti-colonial rebels for 'terrorist' and emergency offences, provide significant insights into the shifting moral and political economies of colonial violence. This monograph contextualises the death penalty within the wider penal systems and coercive networks of British colonial Africa to highlight the shifting targets of the imperial gallows against rebels, robbers or domestic murderers. Imperial Gallows demonstrates that while hangings were key elements of colonial iconography in British Africa, symbolically loaded events that demonstrated imperial power and authority, they also reveal the limits of that power.
Author : Simon
Publisher : Rowman & Littlefield
ISBN 13 : 0739130048
Total Pages : 255 pages
Book Rating : 4.7/5 (391 download)
Download or read book The Insanity Defense the World Over written by Simon and published by Rowman & Littlefield. This book was released on 2008-07-02 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Defense of Insanity, The World Over is the 10th in a series of books that examines and compares social issues or social problems from an explicitly comparative perspective. This volume examines and compares the criteria and procedures surrounding the defense of insanity across twenty-two countries. In addition to the criteria for each of the countries, Simon and Ahn-Redding report the burden of proof; whether this burden is on the side of the defense or the prosecution; the degree, beyond a reasonable doubt or by a preponderance of the evidence; the form the verdict takes; who typically decides, a judge or a jury; what role experts play in the proceedings; and what happens to the defendant if he or she is found not guilty by reason of insanity. The Defense of Insanity, The World Over provides a history of the defense of insanity going as far back as ancient Greek and Roman societies including the development of the defense in modern legal codes beginning with the British criteria in 1265. This one-of-a-kind study also looks at how the defense of insanity is treated in Jewish and Islamic law. Simon and Ahn-Redding have crafted an expert study that will appeal to scholar of sociology, criminal justice, and international studies.
Author : Brian Wright
Publisher : American University in Cairo Press
ISBN 13 : 1649032633
Total Pages : 132 pages
Book Rating : 4.6/5 (49 download)
Download or read book A Continuity of Shari‘a written by Brian Wright and published by American University in Cairo Press. This book was released on 2023-03-07 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: A challenge to the “end of the shari‘a” thesis in Islamic legal historiography In the second half of the nineteenth century, states across the Muslim World developed new criminal codes and reshaped their legal landscapes, laying the foundations of the systems that continue to inform the application of justice today. Influenced by colonialism and the rise of the modern state’s desire to control its populations, many have seen the introduction of these codes as a pivotal shift and divergence from the shariʼa, the dominant paradigm in premodern Muslim jurisdictions. In A Continuity of Shari‘a, Brian Wright challenges this view, comparing among the Egyptian, Ottoman, and Indian contexts. By examining the environment in which the new codes were created, highlighting the work of local scholars and legal actors, and examining the content of the codes themselves, Wright argues that the criminal systems of the late nineteenth century have more connections to their past than is previously understood. Colonial influence was adapted to local circumstances and synthesized with premodern understandings in an eclectic legal environment to create solutions to local problems while maintaining a continuity with the shari’a. This book will be of interest to scholars and students of Islamic Studies, Islamic Law, and Islamic Legal History.
