family and the courts in modern egypt a study based on decisions by the sharia courts 1900 1955 studies in islamic law and society v 3

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Encyclopedia Of Women And Islamic Cultures

Author : Suad Joseph
ISBN : 9789004128187
Genre : Social Science
File Size : 71. 37 MB
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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.

Women And Islamic Law In A Non Muslim State

Author : Ahron Layish
ISBN : 9781351471428
Genre : Religion
File Size : 42. 11 MB
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This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Islamic Law And Society In The Sudan

Author : Carolyn Fluehr-Lobban
ISBN : 9781134540426
Genre : Religion
File Size : 36. 78 MB
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First published in 2008. Routledge is an imprint of Taylor & Francis, an informa company.

Land Law And Islam

Author : Hilary Lim
ISBN : 9781848137202
Genre : Law
File Size : 58. 80 MB
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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Islam Law And Identity

Author : Marinos Diamantides
ISBN : 9781136675645
Genre : Law
File Size : 76. 70 MB
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The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries.? Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular.? Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization

The History Of Terrorism

Author : Gérard Chaliand
ISBN : 9780520292505
Genre : History
File Size : 81. 17 MB
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First published in English in 2007 under title: The history of terrorism: from antiquity to al Qaeda.

Reformation Of Islamic Thought

Author : Naṣr Ḥāmid Abū Zayd
ISBN : 9789053568286
Genre : Religion
File Size : 39. 48 MB
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After September 11, Islam became nearly synonymous with fundamentalism in the eyes of Western media and literature. However widely held this view may be, it is at odds with Islam’s rich political history. Renowned Egyptian scholar Nasr Abû Zayd here considers the full breadth of contemporary Muslim writings to examine the diverse political, religious, and cultural views that inform discourse in the Islamic world. Reformation of Islamic Thought explores the writings of intellectuals from Egypt to Iran to Indonesia, probing their efforts to expand Islam beyond traditional and legalistic interpretations. Zayd reveals that many Muslim thinkers advocate culturally enlightened Islam with an emphasis on individual faith. He then investigates the extent of these Muslim reformers’ success in generating an authentic renewal of Islamic ideology, asking if such thinkers have escaped the traditionalist trap of presenting a negative image to the West. A fascinating and highly relevant study for our times, Reformation of Islamic Thought is an essential analysis of Islam’s present and future.

Family And The Courts In Modern Egypt

Author : Rôn Šaham
ISBN : 9004107428
Genre : Law
File Size : 81. 86 MB
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This important new study describes and analyzes the response of Egyptian society, as reflected in court decisions, to legal reform pertaining to matters of personal status and succession during the first half of the twentieth century. The main issues in this regard are the extent to which traditional law and legal reform are implemented or circumvented in daily practice, and the role of the judges in this process. "Family and the Courts in Modern Egypt" contains three parts: marriage, divorce, and intergenerational relations. Scholars and the general reader will find its main contribution to be its systematic analysis of court records relating to the application of modern reforms in family matters; and its attempt to situate the legal aspects of family life within the larger context of socio-economic development in Egyptian society.

Religious Rules State Law And Normative Pluralism A Comparative Overview

Author : Rossella Bottoni
ISBN : 9783319283357
Genre : Law
File Size : 44. 51 MB
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This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

Islamic Family Law In A Changing World

Author :
ISBN : 1842770934
Genre : Family & Relationships
File Size : 44. 96 MB
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This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world. More than a billion Muslims have their lives in such matters as marriage, divorce, maintenance, paternity and the custody of children governed by certain aspects of the Shari'a, commonly known as Islamic Family Law. But as the team who have put together this resource book point out, this does not mean that identical principles apply everywhere. In fact, as the socio-cultural and historical contextualisations which precede each country's legal profile make clear, the practical application of Shari'a principles is often modified by theological differences of interpretation, particular customary practices in the country concerned, and state policy and law.This volume documents the scope and actual manner of application of Islamic Family Law worldwide. Part of its purpose is the assumption that while changing social conditions - including a commitment to certain universal human rights -- make legal reform necessary, any strategy must be based first of all on the best possible factual foundations. And secondly, since Islamic Family Law has become contested ground between conservative and fundamentalist forces on the one hand and modernist and liberal trends on the other in most Islamic countries, reform must be conceived only in realistic terms and advocated in ways that motivate and empower potential supporters working in their own communities. This work is a uniquely valuable resource for lawyers, social policymakers and scholars. It is also a contribution to the historical challenge which Islamic societies confront in reforming personal and family law.

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