Legal Pluralism And Shari A Law
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Legal Pluralism And Shari A Law
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Author : Adam Possamai
language : en
Publisher: Routledge
Release Date : 2016-04-08
Legal Pluralism And Shari A Law written by Adam Possamai and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Political Science categories.
Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Sharī‘a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Sharī‘a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.
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.
Legal Pluralism And Shari A Law
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Author : Adam Possamai
language : en
Publisher:
Release Date : 2014
Legal Pluralism And Shari A Law written by Adam Possamai and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Conflict of laws (Islamic law) categories.
Legal Pluralism In The Arab World
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Author : Badouin Dupret
language : en
Publisher: BRILL
Release Date : 2023-03-20
Legal Pluralism In The Arab World written by Badouin Dupret and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-20 with Law categories.
Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.
Legal Pluralism In The Arab World
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Author : Baudouin Dupret
language : en
Publisher: BRILL
Release Date : 1999-01-01
Legal Pluralism In The Arab World written by Baudouin Dupret and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Law categories.
Legal pluralism: Ziad Bahaa-Eldin.
Women And Shari A Law
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Author : Elham Manea
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-05-27
Women And Shari A Law written by Elham Manea and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-27 with Religion categories.
In response to recent media controversy and public debate about legal pluralism and multiculturalism, Manea argues against what she identifies as the growing tendency for people to be treated as 'homogenous groups' in Western academic discourse, rather than as individuals with authentic voices. Building on her knowledge of the situation for women in Middle Eastern and Islamic countries, she undertakes first-hand analysis of the Islamic shari'a councils and Muslim arbitration tribunals in various British cities. Based on meetings with the leading sheikhs - including the only woman on their panels - as well as interviews with experts on extremism, lawyers and activists in civil society and women's rights groups, Manea offers an impassioned critique of legal pluralism, connecting it with political Islam and detailing the lived experiences of women in Muslim communities.
Shari Ah
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Author : M. Haris Z Deen
language : en
Publisher: AuthorHouse
Release Date : 2015-08-27
Shari Ah written by M. Haris Z Deen and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
Muslims form one-fifth of the world population, yet people know very little about Muslims, their culture, religion, and history. This is not a textbook on Islamic law—the Shari’ah—but it analyzes the Shari’ah in its correct perspective as a way of life that a Muslim is required to follow in order to gain the pleasure of God, seeking His rewards and avoiding the punishments, thus introducing to those non-Muslims the correct understanding of the Shari’ah. After 9/11 and 7/7, Shari’ah, in any form, has become very suspicious, and a new word, “Islamophobia,” has entered the English lexicon. Against this background, this book examines the concept of Islamic law that can be safely accommodated within the British legal system. A strong case has been made for legal pluralism that can be introduced without affecting human rights, and a robust case has been made for allowing Muslim matrimonial and family matters to be settled using the British Arbitration Act of 1996
Islamic Law In Europe
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Author : Andrea Büchler
language : en
Publisher: Routledge
Release Date : 2016-05-06
Islamic Law In Europe written by Andrea Büchler and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 with Law categories.
Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.
Contemporary Islamic Law In Indonesia
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Author : Arskal Salim
language : en
Publisher: Edinburgh University Press
Release Date : 2015-02-10
Contemporary Islamic Law In Indonesia written by Arskal Salim and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-10 with Law categories.
Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.
Legal Pluralism In Indonesia
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Author : Ratno Lukito
language : en
Publisher: Routledge
Release Date : 2013
Legal Pluralism In Indonesia written by Ratno Lukito and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.