religious pluralism and islamic law dhimmis and others in the empire of law oxford islamic legal studies

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Religious Pluralism And Islamic Law

Author : Anver M. Emon
ISBN : 9780199661633
Genre : Law
File Size : 59. 11 MB
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978-0-19-966163-3

Parental Care And The Best Interests Of The Child In Muslim Countries

Author : Nadjma Yassari
ISBN : 9789462651746
Genre : Law
File Size : 55. 53 MB
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This book is the first analysis of parental care regimes in Muslim jurisdictions, both in a comparative and country-specific sense. It contains the proceedings of a workshop on Parental Care and the Best Interests of the Child in Muslim Countries that the Max Planck Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” hosted in Rabat, Morocco in April 2015. This workshop saw a total of 15 country reports presented on questions of custody, guardianship and their development within different Muslim jurisdictions (ranging from Indonesia to Morocco), a number of which are included in full in the book. Each of these country reports contains a historical perspective on the evolution of domestic rules regarding custody and guardianship, and on the introduction and development of the notion of the best interests of the child. Most importantly, the prevailing legal norms, both substantive and procedural, are explored and particular attention is given to legal practice and the role of the judiciary. In addition to a selection of country reports from the workshop, the volume includes two comparative analyses on questions of parental care in both public and private international law. With a high practical relevance for legal practitioners working in the area of cross-border custody disputes and the most up-to-date assessment of parental care regimes beyond a pure analysis of statutory law, this book combines a number of country reports authored by experts who have worked or are still based in the respective countries they are reporting on and thus contains in-depth discussions of legal practice and custody law in action. Nadjma Yassari is Director of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” while Lena- Maria Möller and Imen Gallala-Arndt are Senior Research Fellows at the Max Planck Institute for Comparative and International Private Law in Hamburg and the Max Planck Institute for Social Anthropology in Halle respectively.

Shari A Law And Modern Muslim Ethics

Author : Robert W. Hefner
ISBN : 9780253022608
Genre : Religion
File Size : 34. 73 MB
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Many Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of shari`a law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.

Coercion And Responsibility In Islam

Author : Mairaj U. Syed
ISBN : 9780191093081
Genre : Law
File Size : 76. 19 MB
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In Coercion and Responsibility in Islam, Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the cases of rape and murder. Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems.

Islamic Law And International Human Rights Law

Author : Anver M. Emon
ISBN : 9780191645693
Genre : Law
File Size : 63. 79 MB
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The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

Natural Law

Author : Anver M. Emon
ISBN : 9780191016721
Genre : Religion
File Size : 70. 50 MB
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This book is an examination of natural law doctrine, rooted in the classical writings of our respective three traditions: Jewish, Christian, and Islamic. Each of the authors provides an extensive essay reflecting on natural law doctrine in his tradition. Each of the authors also provides a thoughtful response to the essays of the other two authors. Readers will gain a sense for how natural law (or cognate terms) resonated with classical thinkers such as Maimonides, Origen, Augustine, al-Ghazali and numerous others. Readers will also be instructed in how the authors think that these sources can be mined for constructive reflection on natural law today. A key theme in each essay is how the particularity of the respective religious tradition is squared with the evident universality of natural law claims. The authors also explore how natural law doctrine functions in particular traditions for reflection upon the religious other.

Law And Empire

Author :
ISBN : 9789004249516
Genre : Political Science
File Size : 35. 47 MB
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Law and Empire relates the principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. It shows how legal procedure and legal thinking could be used in strikingly different ways.

Author : غوستاف لوبون
ISBN :
Genre :
File Size : 37. 59 MB
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أدرك الخلفاء السابقون، الذين كان عندهم من العبقرية السياسية ما ندر وجودُه في دُعاة الديانات الجديدة، أن النظم والأديان ليست مما يُفرض قسرًا؛ فعاملوا أهل كل قطر استولوا عليه بلطف عظيم، تاركين لهم قوانينهم ونظمهم ومعتقداتهم، غير فارضين عليهم سوى جزية زهيدة في الغالب، إذا ما قيست بما كانوا يدفعون سابقًا في مقابل حفظ الأمن بينهم، فالحق أن الأمم لم تعرف فاتحين متسامحين مثل العرب، ولا دينًا سمحًا مثل دينهم.

Author :
ISBN : 9772070561
Genre :
File Size : 86. 37 MB
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Al In F F Bay N Sabab Al Ikhtil F

Author : Walī Allāh al-Dihlawī
ISBN : UCAL:$B380003
Genre : Islamic law
File Size : 42. 21 MB
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