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Author: Ahmad Natour
Publisher: Rowman & Littlefield
ISBN: 1793640971
Category : Law
Languages : en
Pages : 223
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Book Description
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Author: Ahmad Natour
Publisher: Rowman & Littlefield
ISBN: 1793640971
Category : Law
Languages : en
Pages : 223
Get Book Here
Book Description
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Author:
Publisher: BRILL
ISBN: 9004446818
Category : Law
Languages : en
Pages : 252
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Book Description
The accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.
Author: Yüksel Sezgin
Publisher: Cambridge University Press
ISBN: 110743565X
Category : Political Science
Languages : en
Pages : 323
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Book Description
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.
Author: Jocelyne Cesari
Publisher: Oxford University Press
ISBN: 0191092878
Category : Religion
Languages : en
Pages : 340
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Book Description
The relationship between secularism, democracy, religion, and gender equality has been a complex one across Western democracies and still remains contested. When we turn to Muslim countries, the situation is even more multifaceted. In the views of many western commentators, the question of Women Rights is the litmus test for Muslim societies in the age of democracy and liberalism. Especially since the Arab Awakening, the issue is usually framed as the opposition between liberal advocates of secular democracy and religious opponents of women's full equality. Islam, Gender, and Democracy in Comparative Perspective critically re-engages this too simple binary opposition by reframing the debate around Islam and women's rights within a broader comparative literature. Bringing together leading scholars from a range of disciplines, it examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part One addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part Two localizes the implementation of this nexus between law, gender, and democracy and provides contextualized responses to questions raised in Part One. The contributors explore the situation of Muslim women's rights in minority conditions to shed light on the gender politics in the modernization of the nation and to ponder on the role of Islam in gender inequality across different Muslim countries.
Author: Jean L. Cohen
Publisher: Columbia University Press
ISBN: 0231546955
Category : Political Science
Languages : en
Pages : 669
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Book Description
The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.
Author: Sanja Kelly
Publisher: Rowman & Littlefield Publishers
ISBN: 1442203978
Category : Political Science
Languages : en
Pages : 606
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Book Description
Freedom HouseOs innovative publication WomenOs Rights in the Middle East and North Africa: Progress Amid Resistance analyzes the status of women in the region, with a special focus on the gains and setbacks for womenOs rights since the first edition was released in 2005. The study presents a comparative evaluation of conditions for women in 17 countries and one territory: Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine (Palestinian Authority and Israeli-Occupied Territories), Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen. The publication identifies the causes and consequences of gender inequality in the Middle East, and provides concrete recommendations for national and international policymakers and implementers. Freedom House is an independent nongovernmental organization that supports democratic change, monitors freedom, and advocates for democracy and human rights. The project has been embraced as a resource not only by international players like the United Nations and the World Bank, but also by regional womenOs rights organizations, individual activists, scholars, and governments worldwide. WomenOs rights in each country are assessed in five key areas: (1) Nondiscrimination and Access to Justice; (2) Autonomy, Security, and Freedom of the Person; (3) Economic Rights and Equal Opportunity; (4) Political Rights and Civic Voice; and (5) Social and Cultural Rights. The methodology is based on the Universal Declaration of Human Rights, and the study results are presented through a set of numerical scores and analytical narrative reports.
Author: Elham Manea
Publisher: Taylor & Francis
ISBN: 113666310X
Category : Political Science
Languages : en
Pages : 250
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Book Description
Researchers studying gender politics in Arab societies have been puzzled by a phenomenon common in many Arab states – while women are granted suffrage rights, they are often discriminated against by the state in their private lives. This book addresses this phenomenon, maintaining that the Arab state functions according to a certain ‘logic’ and ‘patterns’ which have direct consequences on its gender policies, in both the public and private spheres. Using the features of the Arab Authoritarian state as a basis for a theoretical framework of analysis, the author draws on detailed fieldwork and first-hand interviews to study women’s rights in three countries - Yemen, Syria, and Kuwait. She argues that the puzzle may be resolved once we focus on the features of the Arab state, and its stage of development. Offering a new approach to the study of gender and politics in Arab states, this book will be of great interest to scholars and students of gender studies, international politics and Middle East studies.
Author: Karen Armstrong
Publisher: Weidenfeld & Nicolson
ISBN: 1399618083
Category : Religion
Languages : en
Pages : 387
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Book Description
A life of the prophet Muhammad by bestselling author Karen Armstrong. 'Armstrong has a dazzling ability: she can take a long and complex subject and reduce it to its fundamentals, without over-simplifying' SUNDAY TIMES 'One of our best living writers on religion' FINANCIAL TIMES 'Not just a sympathetic book that would dispel the misconceptions and misgivings of its western readers, but also a book that is of considerable importance to Muslims' MUSLIM NEWS Most people in the West know very little about the prophet Muhammad. The acclaimed religious writer Karen Armstrong has written a biography which will give us a more accurate and profound understanding of Islam and the people who adhere to it so strongly. Muhammad also offers challenging comparisons with the two religions most closely related to it - Judaism and Christianity.
Author: Lynn Welchman
Publisher: Amsterdam University Press
ISBN: 905356974X
Category : Social Science
Languages : en
Pages : 255
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Book Description
A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.
Author: Abdul Rahman Al-Sheha
Publisher: Bright Sparks
ISBN: 9789960390536
Category : Civil rights (Islamic law)
Languages : en
Pages : 184
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Book Description
