Sharia And National Law
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Sharia And National Law In Muslim Countries
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Author : Jan Michiel Otto
language : en
Publisher: Amsterdam University Press
Release Date : 2008
Sharia And National Law In Muslim Countries written by Jan Michiel Otto and has been published by Amsterdam University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Religion categories.
Offers a vital contribution towards the development of a well-informed, coherent, explicit long-term foreign policy towards the Muslim world. The relationship between 'Islam and the West' has become a central issue in international relations. Recently, an overwhelmingly negative view of sharia has developed in the West, in response to reported events, notably in Iran and Saudi Arabia, to terrorist attacks by Islamists, and also encouraged by certain Western opinion leaders. A range of misconceptions about what sharia actually means and how it relates to national law in Muslim countries, both in theory and practice, has contributed to foreign policies that are confrontational rather than pragmatic. This Research and Policy Note identifies key features, problems and approaches of sharia-based law and links them to foreign policy. This is a vital contribution towards the development of a well-informed, coherent, explicit long-term foreign policy towards the Muslim world. Since strengthening the Rule of Law, including human rights, should be an element of such policy, this worl addresses the relationship between sharia and the Rule of Law.
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.
Human Rights Commitments Of Islamic States
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Author : Paul McDonough
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-07
Human Rights Commitments Of Islamic States written by Paul McDonough and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Political Science categories.
This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.
Challenging The Secular State
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Author : Arskal Salim
language : en
Publisher: University of Hawaii Press
Release Date : 2008-09-30
Challenging The Secular State written by Arskal Salim and has been published by University of Hawaii Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-30 with Religion categories.
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.
Islamic Law And International Law
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Author : Emilia Justyna Powell
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Islamic Law And International Law written by Emilia Justyna Powell and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Sharia Islamic Law In The Contemporary World
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Author : Christopher Anglim
language : en
Publisher:
Release Date : 2019
Sharia Islamic Law In The Contemporary World written by Christopher Anglim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Islam and state categories.
Because Islamic Law (Sharia) governs the lives of 900 million people worldwide, this legal system is cornerstone of the national law of several nations, and Sharia is playing an increasingly important role in international business transactions, banking/finance, and various aspects of personal law in many nations. This research guide presents historical and doctrinal perspectives required to understand the development of Islamic jurisprudence and its application. In addition to its historical treatment, this work also covers selected current issues of significance importance. The first part provides background information on Sharia (including its origins and history, what it consists of, and its methodology) and an introduction to many of the issues that Sharia addresses. The second part contains a concise yet comprehensive annotated bibliography of academic legal literature to assist those researching Sharia. Individual sections cover primary sources (including statutes and case law), while subsequent chapters deal with secondary materials such as journals, treatises, and reference works on substantive areas of law. The goal of this work is to enhance the understanding of Islamic law; in so doing, it explains the complexity of reconciling law with custom, and religious with secular laws.--Publisher.
Islamic Law And The Challenges Of Modernity
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Author : Yvonne Yazbeck Haddad
language : en
Publisher: Rowman Altamira
Release Date : 2004
Islamic Law And The Challenges Of Modernity written by Yvonne Yazbeck Haddad and has been published by Rowman Altamira this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!
Islam Sharia And Alternative Dispute Resolution
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Author : Mohamed M. Keshavjee
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-06-30
Islam Sharia And Alternative Dispute Resolution written by Mohamed M. Keshavjee and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-30 with Political Science categories.
The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.
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.
Sharia Muslim States And International Human Rights Treaty Obligations
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Author : Nisrine Abiad
language : en
Publisher: BIICL
Release Date : 2008
Sharia Muslim States And International Human Rights Treaty Obligations written by Nisrine Abiad and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.