Middle East Legal Systems

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Introduction to Middle Eastern Law

Author : Chibli Mallat
Publisher : OUP Oxford
ISBN 13 : 0191021725
Total Pages : 2227 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Introduction to Middle Eastern Law by : Chibli Mallat

Download or read book Introduction to Middle Eastern Law written by Chibli Mallat and published by OUP Oxford. This book was released on 2007-07-12 with total page 2227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

Mixed Legal Systems, East and West

Author : Vernon Valentine Palmer
Publisher : Routledge
ISBN 13 : 1317095383
Total Pages : 319 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Mixed Legal Systems, East and West by : Vernon Valentine Palmer

Download or read book Mixed Legal Systems, East and West written by Vernon Valentine Palmer and published by Routledge. This book was released on 2016-07-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Law in the Middle East

Author : Majid Khadduri
Publisher :
ISBN 13 : 9781616191177
Total Pages : 0 pages
Book Rating : 4.1/5 (911 download)

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Book Synopsis Law in the Middle East by : Majid Khadduri

Download or read book Law in the Middle East written by Majid Khadduri and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of first and only edition. Originally published: Washington, D.C.: Middle East Institute, 1955. xviii, 395 pp. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. Reprint of Volume 1 [all published]. "The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will." Robert H. Jackson, Foreword, viii-ix. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam. Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.

Origin and Development of Islamic Law

Author : Majid Khadduri
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584778644
Total Pages : 416 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Origin and Development of Islamic Law by : Majid Khadduri

Download or read book Origin and Development of Islamic Law written by Majid Khadduri and published by The Lawbook Exchange, Ltd.. This book was released on 2008 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.

Islamic Law and Civil Code

Author : Richard A. Debs
Publisher : Columbia University Press
ISBN 13 : 0231520999
Total Pages : 215 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Islamic Law and Civil Code by : Richard A. Debs

Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010-07-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

Islamic Law and the Legal System of Saudí

Author : Frank E. Vogel
Publisher : BRILL
ISBN 13 : 9789004110625
Total Pages : 432 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis Islamic Law and the Legal System of Saudí by : Frank E. Vogel

Download or read book Islamic Law and the Legal System of Saudí written by Frank E. Vogel and published by BRILL. This book was released on 2000 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an examination of the legal system of Saudi Arabia, not only for its own sake but also as a case study for insight into past and present Islamic legal systems.

Diversity of Law in the United Arab Emirates

Author : Kristin Kamøy
Publisher : Routledge
ISBN 13 : 100029191X
Total Pages : 186 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Diversity of Law in the United Arab Emirates by : Kristin Kamøy

Download or read book Diversity of Law in the United Arab Emirates written by Kristin Kamøy and published by Routledge. This book was released on 2020-12-16 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state’s international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE’s diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.

The Rule of Law in the Arab World

Author : Nathan J. Brown
Publisher : Cambridge University Press
ISBN 13 : 9780521030687
Total Pages : 284 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Rule of Law in the Arab World by : Nathan J. Brown

Download or read book The Rule of Law in the Arab World written by Nathan J. Brown and published by Cambridge University Press. This book was released on 2006 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses important questions about the nature of Egypt's judicial system and the reasons why such a system appeals to Arab rulers outside Egypt. From the theoretical perspective, it also contributes to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be widely read by scholars of the Middle East, students of law and colonial historians.

Law and Legality in the Ottoman Empire and Republic of Turkey

Author : Kent F. Schull
Publisher : Indiana University Press
ISBN 13 : 0253021006
Total Pages : 216 pages
Book Rating : 4.2/5 (53 download)

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Book Synopsis Law and Legality in the Ottoman Empire and Republic of Turkey by : Kent F. Schull

Download or read book Law and Legality in the Ottoman Empire and Republic of Turkey written by Kent F. Schull and published by Indiana University Press. This book was released on 2016-01-07 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors of this volume have gathered leading scholars on the Ottoman Empire and the Republic of Turkey to chronologically examine the sweep and variety of sociolegal projects being carried in the region. These efforts intersect issues of property, gender, legal literacy, the demarcation of village boundaries, the codification of Islamic law, economic liberalism, crime and punishment, and refugee rights across the empire and the Aegean region of the Turkish Republic.

The Spirit of Islamic Law

Author : Bernard G. Weiss
Publisher : University of Georgia Press
ISBN 13 : 0820328278
Total Pages : 233 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Spirit of Islamic Law by : Bernard G. Weiss

Download or read book The Spirit of Islamic Law written by Bernard G. Weiss and published by University of Georgia Press. This book was released on 2006 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.

Middle East Legal Systems

Author : Sayed Hassan Amin
Publisher : Royston Publishers
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Middle East Legal Systems by : Sayed Hassan Amin

Download or read book Middle East Legal Systems written by Sayed Hassan Amin and published by Royston Publishers. This book was released on 1985 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: SCOTT (copy 1) from the John Holmes Library collection.

The Law of Business Contracts in the Arab Middle East

Author : Nayla Comair-Obeid
Publisher : Springer
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Law of Business Contracts in the Arab Middle East by : Nayla Comair-Obeid

Download or read book The Law of Business Contracts in the Arab Middle East written by Nayla Comair-Obeid and published by Springer. This book was released on 1996-05-22 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a basic treatise for those practising and arbitrating in the legal and commercial aspects of business in Middle East Countries. It examines the influence of traditional Islamic law on modern legislation as it affects trade, contracting, banking and financial operations. This book is highly topical and serves the needs of academics, of legal practitioners and of contractors.

Legal Traditions in Asia

Author : Janos Jany
Publisher : Springer Nature
ISBN 13 : 3030437280
Total Pages : 492 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Legal Traditions in Asia by : Janos Jany

Download or read book Legal Traditions in Asia written by Janos Jany and published by Springer Nature. This book was released on 2020-04-08 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Rebel Law

Author : Frank Ledwidge
Publisher : Oxford University Press
ISBN 13 : 1849047987
Total Pages : 230 pages
Book Rating : 4.8/5 (49 download)

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Book Synopsis Rebel Law by : Frank Ledwidge

Download or read book Rebel Law written by Frank Ledwidge and published by Oxford University Press. This book was released on 2017 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.

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.

Justice for Some

Author : Noura Erakat
Publisher : Stanford University Press
ISBN 13 : 1503608832
Total Pages : 405 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Justice for Some by : Noura Erakat

Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Seeking Legitimacy

Author : Aili Mari Tripp
Publisher : Cambridge University Press
ISBN 13 : 110842564X
Total Pages : 337 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Seeking Legitimacy by : Aili Mari Tripp

Download or read book Seeking Legitimacy written by Aili Mari Tripp and published by Cambridge University Press. This book was released on 2019-08-08 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative study based on extensive fieldwork, and an original database of gender-based reforms in the Middle East and North Africa, Aili Mari Tripp analyzes why autocratic leaders in Morocco, Algeria and Tunisia adopted more extensive women's rights than their Middle Eastern counterparts.