Rechtspluralismus In Der Islamischen Welt
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Rechtspluralismus In Der Islamischen Welt
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Author : Michael Kemper
language : de
Publisher: Walter de Gruyter
Release Date : 2012-02-13
Rechtspluralismus In Der Islamischen Welt written by Michael Kemper and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-13 with History categories.
Dieser Band untersucht die Beziehungen zwischen staatlichem (kolonialem und post-kolonialem) Recht, islamischem Recht und Gewohnheitsrecht in der islamischen Welt. Die geographische Spannbreite der zwanzig Beiträge reicht vom muslimischen Andalusien und Nordafrika über das osmanische Südosteuropa, den Jemen, Iran, Afghanistan, den Nordkaukasus und Mittelasien bis nach Uighurien (China) und Indonesien. Ein besonderer Schwerpunkt liegt auf den muslimischen Gesellschaften des Russischen Reichs bzw. der ehemaligen Sowjetunion, deren reiche regionale Rechtstraditionen in der allgemeinen Diskussion um den Rechtspluralismus bislang kaum Beachtung fanden. Der vergleichende Ansatz zeigt nicht nur zahlreiche Parallelen in den Entwicklungen auf, sondern bietet auch einen Einblick in die unterschiedlichen Methoden und Herangehensweisen von Rechtsanthropologen, Islamwissenschaftlern, Historikern und Juristen in Ost und West.
Legal Pluralism In Central Asia
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Author : Mahabat Sadyrbek
language : en
Publisher: Routledge
Release Date : 2017-12-22
Legal Pluralism In Central Asia written by Mahabat Sadyrbek and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-22 with Social Science categories.
Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan’s predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people’s deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.
The Internal Law Of Religions
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Author : Burkhard Josef Berkmann
language : en
Publisher: Routledge
Release Date : 2020-09-22
The Internal Law Of Religions written by Burkhard Josef Berkmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-22 with Law categories.
Comparative law of religions has developed in recent years as a new discipline at the intersection of legal and religious science, of theology and anthropology. This book presents a systematic theoretical basis for this new discipline. While law is mostly associated with the state, many religions also have their own internal law. These internal legal norms are aimed at a particular form of behaviour on the part of believers. They therefore play a particular role in conflicts arising today between certain religious forms of behaviour. The comparison of the internal law of religions serves to establish and explain the commonalities and differences between various religious legal traditions. The religions examined here include: the law of Christian denominations, Jewish law, Islamic law, Hindu law, Buddhist law, and other religious legal systems. The work assesses six current approaches to the comparative law of religions, evaluating their strengths and weaknesses, leading to the development of a new approach. The book discusses the role of religious law in state law and looks to likely future developments. The work will be essential for those interested in the administration of justice and politics, for those professions where intercultural competence is required, and for interreligious dialogue.
The Sharia Inquiry Religious Practice And Muslim Family Law In Britain
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Author : Samia Bano
language : en
Publisher: Taylor & Francis
Release Date : 2023-02-01
The Sharia Inquiry Religious Practice And Muslim Family Law In Britain written by Samia Bano and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-01 with Religion categories.
In February 2018, the ‘Independent Review on Sharia Law in England and Wales’ was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women’s activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate ‘outside the sphere of law and legal relations’ but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.
The Force Of Custom
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Author : Judith Beyer
language : en
Publisher: University of Pittsburgh Press
Release Date : 2016-12-16
The Force Of Custom written by Judith Beyer and has been published by University of Pittsburgh Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-16 with Social Science categories.
Judith Beyer presents a finely textured ethnographic study that sheds new light on the legal and moral ordering of everyday life in northwestern Kyrgyzstan. Through her extensive fieldwork, Beyer captures the thoughts and voices of local people in two villages, Aral and Engels, and combines these with firsthand observations to create an original ethnography. Beyer shows how local Kyrgyz negotiate proper behavior and regulate disputes by invoking custom, known to the locals as salt. While salt is presented as age-old tradition, its invocation needs to be understood as a highly developed and flexible rhetorical strategy that people adapt to suit the political, legal, economic, and religious environments. Officially, codified state law should take precedence when it comes to dispute resolution, yet the unwritten laws of salt and the increasing importance of Islamic law provide the standards for ordering everyday life. As Beyer further reveals, interpretations of both Islamic and state law are also intrinsically linked to salt. By interweaving case studies on kinship, legal negotiations, festive events, mourning rituals, and political and business dealings, Beyer shows how salt is the binding element in rural Kyrgyz social life, used to explain and negotiate moral behavior and to postulate communal identity. In this way, salt provides a time-tested, sustainable source of authentication that defies changes in government and the tides of religious movements. Beyer's ground-level analysis provides a broad base of knowledge that will be valuable for students and researchers of contemporary Central Asia.
Practices Of Traditionalization In Central Asia
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Author : Judith Beyer
language : en
Publisher: Routledge
Release Date : 2020-05-21
Practices Of Traditionalization In Central Asia written by Judith Beyer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-21 with Social Science categories.
Practices of Traditionalization in Central Asia focuses on how tradition is ‘everyday-ified’ in contemporary Central Asia, including Tatarstan and Tibet, and what people seek to achieve in its name. The case studies range from political demonstrations and industrial workers’ gatherings to institutions of religious education, minority communities, weddings, and the Internet. In this volume we regard tradition as a practice that needs to be explored in its institutional and interactional context at a particular time, rather than as a reliable guide to the past: tradition can only be judged from the present; it is an interpretative concept, not a descriptive one. While the scholarly debate has so far centered on what tradition entails and what it does not, including the question of invention and ownership, less attention has been devoted to investigating how tradition is enacted, enforced, or motivated – in short, how it ‘gets done.’ In Central Asia, practices of traditionalization are closely related to the transformation of the socialist order and the emergence of highly stratified societies. This volume asks: When does tradition emerge as a line of argumentation, who are the actors invoking it and how is it being (materially) manifested? Practices of Traditionalization in Central Asia will be of great interest to scholars of Central Asia, Anthropology, History, Political Science, and Sociology. The chapters were originally published as a special issue of Central Asian Survey.
Islam In The World Today
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Author : Werner Ende
language : en
Publisher: Cornell University Press
Release Date : 2011-12-15
Islam In The World Today written by Werner Ende and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-15 with Religion categories.
Considered the most authoritative single-volume reference work on Islam in the contemporary world, the German-language Der Islam in der Gegenwart, currently in its fifth edition, offers a wealth of authoritative information on the religious, political, social, and cultural life of Islamic nations and of Islamic immigrant communities elsewhere. Now, Cornell University Press is making this invaluable resource accessible to English-language readers. More current than the latest German edition on which it is based, Islam in the World Today covers a comprehensive array of topics in concise essays by some of the world's leading experts on Islam, including: • the history of Islam from the earliest years through the twentieth century, with particular attention to Sunni and Shi'i Islam and Islamic revival movements during the last three centuries; • data on the advance of Islam along with current population statistics; • Muslim ideas on modern economics, on social order, and on attempts to modernize Islamic law (shari'a) and apply it in contemporary Muslim societies; • Islam in diaspora, especially the situation in Europe and America; • secularism, democracy, and human rights; and • women in Islam Twenty-four essays are each devoted to a specific Muslim country or a country with significant Muslim minorities, spanning Asia, Africa, the Middle East, and the former Soviet Union. Additional essays illuminate Islamic culture, exploring local traditions; the languages and dialects of Muslim peoples; and art, architecture, and literature. Detailed bibliographies and indexes ensure the book's usefulness as a reference work.
Islamic Imperial Law
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Author : Benjamin Jokisch
language : en
Publisher: Walter de Gruyter
Release Date : 2011-12-01
Islamic Imperial Law written by Benjamin Jokisch and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-01 with Religion categories.
Die bisherige Forschung geht davon aus, dass das islamische Recht von unabhängigen Juristen entwickelt wurde. Dabei sind mitunter Einflüsse aus fremden Rechtssystemen eingeräumt worden, doch eine gezielte Rezeption galt stets als ausgeschlossen. In einer Vergleichsanalyse, die auf der Prämisse einer massiven Interaktion der Kulturen in jener Zeit basiert, lässt sich nun nachweisen, dass das erste monumentale Rechtswerk im Islam, die Zāhir ar-riwāya des Šaybānī, strukturell und inhaltlich auf dem Rhēton beruht – einer griechischen Version jenes Regelwerkes, das später in Europa als Corpus Iuris Civilis Verbreitung fand. Inspiriert durch die byzantinische Reichsrechtsidee kodifizierten muslimische Staatsjuristen in Bagdad das islamische „Reichsrecht“, das aber angesichts der Opposition frommer Überlieferer durch Traditionen legitimiert werden musste. Nachdem sich das Reichsrecht in weiten Teilen des Kalifats etabliert hatte, bewirkte der revolutionäre Triumph der Orthodoxie Mitte des 9. Jahrhunderts dessen Übergang in ein Juristenrecht, das nun in den Händen unabhängiger Gelehrter lag.
A Bibliography Of Islamic Criminal Law
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Author : Olaf Köndgen
language : en
Publisher: BRILL
Release Date : 2021-12-06
A Bibliography Of Islamic Criminal Law written by Olaf Köndgen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-06 with Law categories.
Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Patriarchy After Patriarchy
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Author : Karl Kaser
language : en
Publisher: LIT Verlag Münster
Release Date : 2008
Patriarchy After Patriarchy written by Karl Kaser and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Balkan Peninsula categories.
Since the second half of the 1980s social movements, which questioned the legitimacy of the hitherto seemingly stable systems of Kemalist Turkey and socialist Balkans, won ground. Political Islam struck Turkey; in the Balkan socialist countries the dams broke, and parliamentary democracies replaced monolithic socialist regimes. These processes have not been gender neutral. Therefore the central question is: after the abolition of patriarchy and the official installation of gender equality, are patriarchy and female discrimination returning in the region through the backdoor, although in a modernized version?