Courts For Muslims
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Islamic Law In Modern Courts
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Author : Haider Ala Hamoudi
language : en
Publisher: Aspen Publishing
Release Date : 2018-02-28
Islamic Law In Modern Courts written by Haider Ala Hamoudi and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-28 with Law categories.
Islamic Law in Modern Courts provides an easily accessible introduction to Islamic law written specifically for law students and legal professionals, and designed to be taught not only by Islamic law specialists, but also by those working in related fields such as law and religion or comparative legal systems. Framed as a casebook, the text uses translations of judicial decisions involving real-world legal disputes to present a picture of Islamic law as it is actually applied in the contemporary world. The casebook draws on material from a variety of countries but focuses primarily on two jurisdictions. Cases from Indonesia exemplify the law of the majority Sunni branch of Islam, while cases from Iraq reflect the influence of both Sunni and Shi’a law. The casebook begins with a brief introduction to the religion of Islam and the sources, methods, and historical development of Islamic law. Four substantive law chapters cover the main subjects over which Islamic law continues to exert significant influence. These include inheritance law, the law of marriage and divorce, Islamic finance and charitable foundations, and Islamic criminal law. A final chapter examines constitutional adjudication of issues related to Islamic law. Key Features: Examines Islamic law as state law that is enforced by national courts but with roots in and ongoing connections with the rich classical tradition. Designed for use by both experts in Islamic law as well as faculty who have an interest in Islamic law but lack extensive background in the subject. Cases are accompanied by commentary that explains and situates the doctrine applied in the decision and suggests questions for classroom discussion. The five substantive law chapters are self-contained units that permit instructors to design a course that focuses on subject areas of particular interest.
Legal Pluralism In Muslim Contexts
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Author : Norbert Oberauer
language : en
Publisher: BRILL
Release Date : 2019-05-20
Legal Pluralism In Muslim Contexts written by Norbert Oberauer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.
Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.
Modernization Tradition And Identity
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Author : Euis Nurlaelawati
language : en
Publisher: Amsterdam University Press
Release Date : 2010
Modernization Tradition And Identity written by Euis Nurlaelawati and has been published by Amsterdam University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Nurlaelawati's close and contextually sensitive analysis of judicial practice in Indonesia's Islamic courts yields invaluable insights into the subtle dynamics of legal change in a modern Islamic legal system. Prof. Mark Cammack, Professor of Law, Southwestern Law School, Los Angeles --
Muslim Family Law In Western Courts
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Author : Elisa Giunchi
language : en
Publisher: Routledge
Release Date : 2014-03-26
Muslim Family Law In Western Courts written by Elisa Giunchi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-26 with Social Science categories.
This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.
A Geo Legal Approach To The English Sharia Courts
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Author : Anna Marotta
language : en
Publisher: BRILL
Release Date : 2021-12-20
A Geo Legal Approach To The English Sharia Courts written by Anna Marotta and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-20 with Law categories.
A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
Women And Islamic Law In A Non Muslim State
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Author : Ahron Layish
language : en
Publisher: Routledge
Release Date : 2017-09-04
Women And Islamic Law In A Non Muslim State written by Ahron Layish and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-04 with Religion categories.
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.
Adjudicating Family Law In Muslim Courts
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Author : Elisa Giunchi
language : en
Publisher: Routledge
Release Date : 2013-12-04
Adjudicating Family Law In Muslim Courts written by Elisa Giunchi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-04 with Social Science categories.
While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.
The Shari A Courts In The Philippines
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Author : Isabelita Solamo Antonio
language : en
Publisher:
Release Date : 2003
The Shari A Courts In The Philippines written by Isabelita Solamo Antonio and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Courts, Islamic categories.
Sharia Transformations
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Author : Michael G. Peletz
language : en
Publisher: University of California Press
Release Date : 2020-03-17
Sharia Transformations written by Michael G. Peletz and has been published by University of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-17 with Social Science categories.
Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.
Women Judges In The Muslim World
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Author :
language : en
Publisher: BRILL
Release Date : 2017-03-20
Women Judges In The Muslim World written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-20 with Social Science categories.
Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.