Author:
Publisher:
ISBN:
Category : Islamic law
Languages : en
Pages : 180

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Author: Lena Salaymeh
Publisher: Cambridge University Press
ISBN: 1107133025
Category : History
Languages : en
Pages : 257

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This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360

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Book Description
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

Author: John L. Esposito
Publisher: Oxford University Press
ISBN: 0199325081
Category : Law
Languages : en
Pages : 353

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Book Description
Most Americans and Europeans have by now heard of Shariah. In the West, politicians, media commentators, televangelists, and others have stoked fears that Muslims intend to impose a repressive rule based on Shariah in America and Europe. Shariah has been portrayed as a medieval system that oppresses women, stifles human rights, and imposes harsh punishments like stoning and amputation. In reality, however, Shariah is a complex concept that has been interpreted in many ways over time and around the world. It plays a vital role in the lives of Muslims around the world, offering guidance on everything from personal morality to ritual practices, family life, and finance. In this timely addition to Oxford's What Everyone Needs to Know® series, John Esposito and Natana DeLong-Bas offer an accessible and thorough guide to this little-understood, but often caricatured system. The book provides clear and even-handed answers to a wide range of questions, covering the history, development, content, and practice of Shariah. What are its origins? What is a Shariah court and how does it work? How does a person become a Muslim in the eyes of Islamic law? Does Islamic law allow Muslims to marry non-Muslims? What are blasphemy laws, and how are they enforced? How does Islamic law govern trade and contracts of sale? Do Muslims in the West want Shariah Law? Is there a need to protect American and European societies from the imposition of Shariah? By answering the questions that so many people have about Shariah and its role in Muslim life, this book makes an invaluable contribution to the crucial task of fostering mutual understanding in our globalizing, pluralistic societies.

Author: Amyn Sajoo
Publisher: Bloomsbury Publishing
ISBN: 1786724049
Category : Religion
Languages : en
Pages : 297

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Book Description
2019 Choice Outstanding Academic title I.B.Tauris in association with the Institute of Ismaili Studies Why is the term shari?a-the mention of which conjures up images of a politicised religion in many parts of the world-understood in the ways that it is today? For Muslims and non-Muslims alike, much is read into this term, often with scant regard for its historical, cultural or theological underpinnings. The politics of identity has a profound effect on contemporary life, both secular and religious, and this includes our understandings of the shari?a. Yet at the core of this concept, for Muslims, is the quest for a moral compass by which to navigate a path through life (Qur'an, 45:18), informed deeply by revelation and its interpretation by the Prophet Muhammad as well as his closest Companions. Built on this foundation is an ongoing human endeavour to grasp and lend expression to that teaching-elaborately in law, but no less so in devotional, ethical and customary practices in diverse Shi?i and Sunni Muslim communities, including in the West. Popular myths about the shari?a - that it is divine law, that it is contained in a single code recognised by all Muslims, that it is about controlling behavior, that it `defines' Islam - are challenged in this volume by leading scholars, with a view to illuminating how we arrived here and where we might be headed. The claims of the modern state as the custodian of the shari?a are put into perspective, alongside the vital role of a pluralist civil society. From bioethics, human development, family law and finance to constitutional and human rights issues, this fifth volume in the Muslim Heritage Series offers an accessible account of the ideals and realities of the shari?a. As such, it will appeal not only to specialists in the humanities and social sciences, but also to the general reader with an interest in global affairs and informed citizenship.

Author: Suad Joseph
Publisher: BRILL
ISBN: 9004128182
Category : Social Science
Languages : en
Pages : 873

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Book Description
Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.

Author: Edoardo Celeste
Publisher: Bloomsbury Publishing
ISBN: 1509953728
Category : Law
Languages : en
Pages : 352

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Book Description
This book explores to what extent constitutional principles are put under strain in the social media environment, and how constitutional safeguards can be established for the actors and processes that govern this world: in other words, how to constitutionalise social media. Millions of individuals around the world use social media to exercise a broad range of fundamental rights. However, the governance of online platforms may pose significant threats to our constitutional guarantees. The chapters in this book bring together a multi-disciplinary group of experts from law, political science, and communication studies to examine the challenges of constitutionalising what today can be considered the modern public square. The book analyses the ways in which online platforms exercise a sovereign authority within their digital realms, and sheds light on the ambiguous relationship between social media platforms and state regulators. The chapters critically examine multiple methods of constitutionalising social media, arguing that the constitutional response to the global challenges generated by social media is necessarily plural and multilevel. All topics are presented in an accessible way, appealing to scholars and students in the fields of law, political science and communication studies. The book is an essential guide to understanding how to preserve constitutional safeguards in the social media environment.

Author: Faiz Ahmed
Publisher: Harvard University Press
ISBN: 0674982169
Category : History
Languages : en
Pages : 448

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Book Description
Debunking conventional narratives of Afghanistan as a perennial war zone or marginal frontier, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence from the British Empire, form a fully sovereign government, and promulgate an original constitution after the fall of the Ottoman Empire. Far from a landlocked wilderness, turn-of-the-twentieth-century Afghanistan was a magnet for itinerant scholars and emissaries shuttling between Ottoman and British imperial domains. Tracing Afghans’ longstanding but seldom examined scholastic ties to Istanbul, Damascus, and Baghdad, as well as greater Delhi and Lahore, Ahmed vividly describes how the Kabul court recruited jurists to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international legal norms. Beginning with the first Ottoman mission to Kabul in 1877, and culminating with parallel independence struggles in Afghanistan, India, and Turkey after World War I, this rich narrative explores encounters between diverse streams of Muslim thought and politics—from Young Turk lawyers to Pashtun clerics; Ottoman Arab officers to British Raj bureaucrats; and the last caliphs to a remarkable dynasty of Afghan kings and queens. By unearthing a lost history behind Afghanistan’s independence and first constitution, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly for anticolonial coalitions, self-determination, and contested visions of reform in the Global South and Islamicate world.

Author: Julie Macfarlane
Publisher: Oxford University Press
ISBN: 0199908818
Category : Law
Languages : en
Pages : 337

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Book Description
Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.

Author: Shiraz Maher
Publisher: Oxford University Press
ISBN: 0190651121
Category : Political Science
Languages : en
Pages : 314

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Book Description
Concise introduction to salafi-jihadism from its origins in the Hindu Kush to insurgencies in the 1990s and beyond