Shari A And The Constitution In Contemporary Legal Models
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Shari A And The Constitution In Contemporary Legal Models
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Author : Federico Lorenzo Ramaioli
language : en
Publisher: Springer Nature
Release Date : 2024
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 2024 with Comparative law categories.
Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea
Shari A
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Author : Abbas Amanat
language : en
Publisher: Stanford University Press
Release Date : 2007-09-17
Shari A written by Abbas Amanat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-17 with Religion categories.
A survey and analysis of what Shari’a, or Islamic law, means for Muslims today.
State Law As Islamic Law In Modern Egypt
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Author : Clark Lombardi
language : en
Publisher: BRILL
Release Date : 2006-01-01
State Law As Islamic Law In Modern Egypt written by Clark Lombardi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.
The Law Applied
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Author : Peri Bearman
language : en
Publisher: I.B. Tauris
Release Date : 2008-01-30
The Law Applied written by Peri Bearman and has been published by I.B. Tauris this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-30 with Law categories.
A sea change has taken place in Islamic legal studies. This book both reflects and contributes to that change. Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as 'fiqh'. This volume is more interested in how the law has been applied to concrete situations. It looks at judicial decision-making, legal responses (fatwas), customary practices, the actions of public inspectors, cultural contexts, and theological discourses as well as modern legal reform and constitutional development. Reflecting the interests of a new academic generation, "The Law Applied" offers an ambitious and textured account of how Islamic law works in practice in the social life of the contemporary world.
Shari A Inshallah
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Author : Mark Fathi Massoud
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-27
Shari A Inshallah written by Mark Fathi Massoud 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 2021-05-27 with History categories.
Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.
Sharia And National Law
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Author : Jan Michiel Otto
language : en
Publisher:
Release Date : 2010
Sharia And National Law written by Jan Michiel Otto and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Comparative law categories.
Constitutionalism In Islamic Countries Between Upheaval And Continuity
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Author : Tilmann Röder (J.)
language : en
Publisher: Oxford University Press
Release Date : 2012-02-16
Constitutionalism In Islamic Countries Between Upheaval And Continuity written by Tilmann Röder (J.) and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-16 with LAW categories.
Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."
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".
Advancing The Legal Status Of Women In Islamic Law
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Author : Mona Samadi
language : en
Publisher: BRILL
Release Date : 2021-05-25
Advancing The Legal Status Of Women In Islamic Law written by Mona Samadi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-25 with Law categories.
Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Constituting Religion
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Author : Tamir Moustafa
language : en
Publisher: Cambridge University Press
Release Date : 2018-07-25
Constituting Religion written by Tamir Moustafa 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 2018-07-25 with Law categories.
Constituting Religion examines how constitutional provisions for both Islam and liberal rights catalyze conflicts over religion in Malaysia and feed a 'rights-versus-rites' binary. This title is also available as Open Access.