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Author: Jan Michiel Otto
Publisher:
ISBN: 9789774164347
Category : Comparative law
Languages : en
Pages : 676
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Book Description
Author: Jan Michiel Otto
Publisher:
ISBN: 9789774164347
Category : Comparative law
Languages : en
Pages : 676
Get Book Here
Book Description
Author: Jan Michiel Otto
Publisher: Amsterdam University Press
ISBN: 9789087280482
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
The relationship between 'Islam and the West' has become a central issue in international relations. Recently, an overwhelmingly negative view of sharia has developed in the West, in response to reported events, notably in Iran and Saudi Arabia, to terrorist attacks by Islamists, and also encouraged by certain Western opinion leaders. A range of misconceptions about what sharia actually means and how it relates to national law in Muslim countries, both in theory and practice, has contributed to foreign policies that are confrontational rather than pragmatic. This Research and Policy Note identifies key features, problems and approaches of sharia-based law and links them to foreign policy. This is a vital contribution towards the development of a well-informed, coherent, explicit long-term foreign policy towards the Muslim world.
Author: Nisrine Abiad
Publisher: BIICL
ISBN: 9781905221417
Category : Law
Languages : en
Pages : 276
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Book Description
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
Author: Emilia Justyna Powell
Publisher: Oxford University Press, USA
ISBN: 0190064633
Category : Law
Languages : en
Pages : 329
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Book Description
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Author: Richard A. Debs
Publisher: Columbia University Press
ISBN: 0231520999
Category : History
Languages : en
Pages : 215
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Book Description
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.
Author: Mohamed M. Keshavjee
Publisher: Bloomsbury Publishing
ISBN: 0857733796
Category : Political Science
Languages : en
Pages : 311
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Book Description
The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.
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: Andrew G. Bostom
Publisher: Rowman & Littlefield
ISBN: 1616146672
Category : Law
Languages : en
Pages : 507
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Book Description
Author Andrew G. Bostom expands upon his two previous groundbreaking compendia, The Legacy of Jihad and The Legacy of Islamic Antisemitism, with this collection of his own recent essays on Sharia - Islamic law. The book elucidates, unapologetically, Sharia's defining Islamic religious principles and the consequences of its application across space and time, focusing upon contemporary illustrations. A wealth of unambiguous evidence is marshaled, distilled, and analyzed, including: objective, erudite studies of Sharia by leading scholars of Islam; the acknowledgment of Sharia's global "resurgence," even by contemporary academic apologists for Islam; an abundance of recent polling data from Muslim nations and Muslim immigrant communities in the West confirming the ongoing, widespread adherence to Sharia's tenets; the plaintive warnings and admonitions of contemporary Muslim intellectuals - freethinkers and believers, alike - about the incompatibility of Sharia with modern, Western-derived conceptions of universal human rights; and the overt promulgation by authoritative, mainstream international and North American Islamic religious and political organizations of traditional, Sharia-based Muslim legal systems as an integrated whole (i.e., extending well beyond mere "family-law aspects" of Sharia). Johannes J. G. Jansen, Professor for Contemporary Islamic Thought Emeritus at Utrecht University, says this book "will prove sobering to even staunch optimists."
Author: Rudolph Peters
Publisher: Cambridge University Press
ISBN: 9780521792264
Category : History
Languages : en
Pages : 242
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Book Description
This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.
Author: Rainer Grote
Publisher: Oxford University Press, USA
ISBN: 019975988X
Category : History
Languages : en
Pages : 755
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Book Description
Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
