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Author: S. Bano
Publisher: Springer
ISBN: 1137283858
Category : Political Science
Languages : en
Pages : 354
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Book Description
Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.
Author: S. Bano
Publisher: Springer
ISBN: 1137283858
Category : Political Science
Languages : en
Pages : 354
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Book Description
Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.
Author: Anna Marotta
Publisher: BRILL
ISBN: 9004473092
Category : Law
Languages : en
Pages : 317
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Book Description
A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
Author: John R. Bowen
Publisher: Princeton University Press
ISBN: 0691158541
Category : Social Science
Languages : en
Pages : 288
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Book Description
On British Islam examines the history and everyday workings of Islamic institutions in Britain, with a focus on shariʿa councils. These councils concern themselves with religious matters, especially divorce. They have a higher profile in Britain than in other Western nations. Why? Taking a historical and ethnographic look at British Islam, John Bowen examines how Muslims have created distinctive religious institutions in Britain and how shariʿa councils interpret and apply Islamic law in a secular British context. Bowen focuses on three specific shariʿa councils: the oldest and most developed, in London; a Midlands community led by a Sufi saint and barrister; and a Birmingham-based council in which women play a leading role. Bowen shows that each of these councils represents a prolonged, unique experiment in meeting Muslims' needs in a Western country. He also discusses how the councils have become a flash point in British public debates even as they adapt to the English legal environment. On British Islam highlights British Muslims' efforts to create institutions that make sense in both Islamic and British terms. This balancing act is rarely acknowledged in Britain—or elsewhere—but it is urgent that we understand it if we are to build new ways of living together.
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: Mark Fathi Massoud
Publisher: Cambridge University Press
ISBN: 1108832784
Category : History
Languages : en
Pages : 391
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Book Description
Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.
Author: Sumbul Ali-Karamali
Publisher: Beacon Press
ISBN: 0807038016
Category : Social Science
Languages : en
Pages : 258
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Book Description
A direct counterpoint to fear mongering headlines about shariah law—a Muslim American legal expert tells the real story, eliminating stereotypes and assumptions with compassion, irony, and humor Through scare tactics and deliberate misinformation campaigns, anti-Muslim propagandists insist wrongly that shariah is a draconian and oppressive Islamic law that all Muslims must abide by. They circulate horror stories, encouraging Americans to fear the “takeover of shariah” law in America and even mounting “anti-shariah protests” . . . . with zero evidence that shariah has taken over any part of our country. (That’s because it hasn’t.) It would be almost funny if it weren’t so terrifyingly wrong—as puzzling as if Americans suddenly began protesting the Martian occupation of Earth. Demystifying Shariah explains that shariah is not one set of punitive rules or even law the way we think of law—rigid and enforceable—but religious rules and recommendations that provide Muslims with guidance in various aspects of life. Sumbul Ali-Karamali draws on scholarship and her degree in Islamic law to explain shariah in an accessible, engaging narrative style—its various meanings, how it developed, and how the shariah-based legal system operated for over a thousand years. She explains what shariah means not only in the abstract but in the daily lives of Muslims. She discusses modern calls for shariah, what they mean, and whether shariah is the law of the land anywhere in the world. She also describes the key lies and misunderstandings about shariah circulating in our public discourse, and why so many of them are nonsensical. This engaging guide is intended to introduce you to the basic principles, goals, and general development of shariah and to answer questions like: How do Muslims engage with shariah? What does shariah have to do with our Constitution? What does shariah have to do with the way the world looks like today? And why do we all—Muslims or not—need to care?
Author: Mona Samadi
Publisher: BRILL
ISBN: 9004446958
Category : Law
Languages : en
Pages : 234
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Book Description
Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Author: Raficq S. Abdulla
Publisher: Bloomsbury Publishing
ISBN: 1786724057
Category : Religion
Languages : en
Pages : 243
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Book Description
Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs.
Author: Anastasiya Hozyainova
Publisher:
ISBN: 9781601272263
Category : Islamic law
Languages : en
Pages : 9
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Book Description
Women's rights in Afghanistan have been supported and championed by Afghan and international advocates and organizations since 2002. Substantial progress has been made, but the women's rights movement faces an uncertain future in the wake of the 2014 international troop withdrawals. In addition to the potential for decreased financial and public support from international actors, women's rights advocates face the challenge of collaborating with a national government that has been mistrusted by the Afghan people while trying to promote norms and laws that often contradict deeply held community traditions. This report draws on numerous in-country interviews, discussions and debates to explore a way forward for women's rights in Afghanistan: promoting women's rights through an Islamic framework. Women's rights groups have increasingly been using Sharia-based arguments and working with religious leaders to give arguments for stronger women's rights protections more legitimacy. Greater understanding of how Islamic legal literacy, scholarship and dialogue might help protect women's rights in the coming difficult period is crucial.
Author: Abdullahi Ahmed An-Na'im
Publisher: Harvard University Press
ISBN: 0674261445
Category : Law
Languages : en
Pages : 346
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Book Description
What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
