Juridical Perspectives Between Islam And The West
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Juridical Perspectives Between Islam And The West
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Author : Federico Lorenzo Ramaioli
language : en
Publisher: Springer Nature
Release Date : 2024-01-01
Juridical Perspectives Between Islam And The West written by Federico Lorenzo Ramaioli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-01 with Political Science categories.
This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
Modern Perspectives On Islamic Law
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Author : E. Ann Black
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Modern Perspectives On Islamic Law written by E. Ann Black and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Religion categories.
'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
Justice
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Author : Zafar Iqbal
language : en
Publisher:
Release Date : 2007
Justice written by Zafar Iqbal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Christianity and justice categories.
Meant for the general reader, this book gives a historical expose of the Western definitions of justice - mainly economic and social justice - from Plato to the modern day and compares it with the Islamic concept of justice. He draws upon the fundamental and central concepts of the Quran to the permanence and universality of that concept. He shows that the combination of adl (justice), qist (equity) and mizan (balance) goes towards creating that notion in comparison to the shifting definition of the Western conception which depends on which ideology is dominant.
Islam And International Law
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-06-13
Islam And International Law written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-13 with Religion categories.
Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.
Shari A And The Constitution In Contemporary Legal Models
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Author : Federico Lorenzo Ramaioli
language : en
Publisher: Springer Nature
Release Date :
Shari A And The Constitution In Contemporary Legal Models written by Federico Lorenzo Ramaioli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Icc Jurisprudence And The Development Of International Humanitarian Law
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Author : Martin Faix
language : en
Publisher: Springer Nature
Release Date :
Icc Jurisprudence And The Development Of International Humanitarian Law written by Martin Faix and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Islamic International Law
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Author : Khaled Ramadan Bashir
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
Islamic International Law written by Khaled Ramadan Bashir and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with Religion categories.
Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.
Islamic State As A Legal Order
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Author : Federico Lorenzo Ramaioli
language : en
Publisher: Routledge
Release Date : 2022-04-04
Islamic State As A Legal Order written by Federico Lorenzo Ramaioli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-04 with Law categories.
This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.
Research Handbook On Islamic Law And Society
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Author : Nadirsyah Hosen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28
Research Handbook On Islamic Law And Society written by Nadirsyah Hosen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Arabic Islamic Views Of The Latin West
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Author : Daniel G. König
language : en
Publisher: OUP Oxford
Release Date : 2015-11-05
Arabic Islamic Views Of The Latin West written by Daniel G. König and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-05 with History categories.
Arabic-Islamic Views of the Latin West provides an insight into how the Arabic-Islamic world perceived medieval Western Europe in an age that is usually associated with the rise and expansion of Islam, the Spanish Reconquista, and the Crusades. Previous scholarship has maintained that the Arabic-Islamic world regarded Western Europe as a cultural backwater at the periphery of civilization that clung to a superseded religion. It holds mental barriers imposed by Islam responsible for the Muslim world's arrogant and ignorant attitude towards its northern neighbours. This study refutes this view by focussing on the mechanisms of transmission and reception that characterized the flow of information between both cultural spheres. By explaining how Arabic-Islamic scholars acquired and processed data on medieval Western Europe, it traces the two-fold 'emergence' of Latin-Christian Europe — a sphere that increasingly encroached upon the Mediterranean and therefore became more and more important in Arabic-Islamic scholarly literature. Chapter One questions previous interpretations of related Arabic-Islamic records that reduce a large and differentiated range of Arabic-Islamic perceptions to a single basic pattern subsumed under the keywords 'ignorance', 'indifference', and 'arrogance'. Chapter Two lists channels of transmission by means of which information on the Latin-Christian sphere reached the Arabic-Islamic sphere. Chapter Three deals with the general factors that influenced the reception and presentation of this data at the hands of Arabic-Islamic scholars. Chapters Four to Eight analyse how these scholars acquired and dealt with information on themes such as the western dimension of the Roman Empire, the Visigoths, the Franks, the papacy and, finally, Western Europe in the age of Latin-Christian expansionism. Against this background, Chapter Nine provides a concluding re-evaluation.