Justice And Leadership In Early Islamic Courts
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Justice And Leadership In Early Islamic Courts
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Author : Intisar A. Rabb
language : en
Publisher: Harvard Series in Islamic Law
Release Date : 2017
Justice And Leadership In Early Islamic Courts written by Intisar A. Rabb and has been published by Harvard Series in Islamic Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Islamic courts categories.
Justice and Leadership in Early Islamic Courts explores the administration of justice during Islam's founding period, 632-1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh, ten scholars of Islamic law draw on diverse sources including historical chronicles, biographical dictionaries, exegetical works, and mirrors for princes.
Law As Metaphor
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Author : June Starr
language : en
Publisher: SUNY Press
Release Date : 1992-01-01
Law As Metaphor written by June Starr and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-01-01 with Law categories.
This book explains the growth of secular law in a Middle East nation, revealing it to be the product of elite competition over control of the state, a competition the secular elites won in Turkey when Ataturk set up the new Republic. The author demonstrates the great extent to which secularism dominates the discourse of Turkish conflict resolution by the mid-1960s. Her work exemplifies the uses of empirical field research set within a historical context.
The Anthropology Of Justice
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Author : Lawrence Rosen
language : en
Publisher: Cambridge University Press
Release Date : 1989-06-15
The Anthropology Of Justice written by Lawrence Rosen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-06-15 with Law categories.
Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
Criminal Justice In Islam
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Author : Kate Daniels
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-08-22
Criminal Justice In Islam written by Kate Daniels and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-22 with Law categories.
Where do Islamic courts still operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What penalties may an Islamic judge impose in criminal matters? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This book attempts to answer all the above crucial, basic yet difficult questions of Islamic law. A formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application in modem states today. Controversial cases are dealt with and explained from an Islamic point of view with the aim of informing a Western audience of the objectivity and fair process inherent in the Islamic system.
Islam And The Rule Of Justice
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Author : Lawrence Rosen
language : en
Publisher: University of Chicago Press
Release Date : 2018-03-13
Islam And The Rule Of Justice written by Lawrence Rosen and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-13 with Law categories.
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Dispensing Justice In Islam
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Author : Muḥammad K̲ālid Masud
language : en
Publisher: BRILL
Release Date : 2006
Dispensing Justice In Islam written by Muḥammad K̲ālid Masud and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Religion categories.
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Islamic Modern
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Author : Michael G. Peletz
language : en
Publisher: Princeton University Press
Release Date : 2002-12
Islamic Modern written by Michael G. Peletz and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12 with Social Science categories.
PART ONE. THE CULTURE, POLITICAL ECONOMY, AND HISTORY OF THE ISLAMIC COURTS -- Locating Islamic Magistrates and Their Courts in History -- The Work of the Courts -- Litigant Strategies and Patterns of Resistance -- PART TWO. MODERNITY AND GOVERNMENTALITY IN ISLAMIC COURTS AND OTHER DOMAINS -- Reinscribing Authenticity and Identity -- Producing Good Subjects, "Asian Values," and New Types of Criminality.
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.
Applied Family Law In Islamic Courts
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Author : Nahda Shehada
language : en
Publisher: Routledge
Release Date : 2018-03-20
Applied Family Law In Islamic Courts written by Nahda Shehada and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-20 with Law categories.
Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
The Justice Of Islam
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Author : Lawrence Rosen
language : en
Publisher: Oxford University Press on Demand
Release Date : 2000
The Justice Of Islam written by Lawrence Rosen and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
One out of five people in the world today lives subject to Islamic law, but stereotypes of rigid doctrine or harsh punishment obscure an understanding of the values and style of reasoning that characterize everyday lslamic adjudication. By considering its larger social and cultural context Islamic law is shown to be a kind of common law system: justice is sought through a careful assessment of persons, more than facts, and justice resides not in equality but in a quest for equivalence.Through ordinary court proceedings the style of reasoning is seen to be embedded in a set of cultural assumptions, thus rendering the study of Islamic legal proceedings a window on Muslim society generally. Using data ranging from the courts of North Africa to the treatment of Islam in American courts, from a reinterpretation of the Prophet's sociological jurisprudence to the analysis of Islamic concepts of responsibility and trust these essays demonstrate the enduring appeal of Islamic law in the lives of everyday adherents.