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Author: Publisher: Martinus Nijhoff Publishers ISBN: 9004233369 Category : Religion Languages : en Pages : 488
Book Description
Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.
Author: Federico Lorenzo Ramaioli Publisher: Springer Nature ISBN: 303137844X Category : Political Science Languages : en Pages : 296
Book Description
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".
Author: Publisher: Martinus Nijhoff Publishers ISBN: 9004233369 Category : Religion Languages : en Pages : 488
Book Description
Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.
Author: Lawrence Rosen Publisher: University of Chicago Press ISBN: 022651174X Category : Law Languages : en Pages : 293
Book Description
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.
Author: Khaled Ramadan Bashir Publisher: Edward Elgar Publishing ISBN: 1788113861 Category : Law Languages : en Pages : 297
Book Description
Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.
Author: Tamir Moustafa Publisher: Cambridge University Press ISBN: 1108334075 Category : Law Languages : en Pages :
Book Description
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Author: MashoodA. Baderin Publisher: Routledge ISBN: 1351562320 Category : Law Languages : en Pages : 669
Book Description
The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.
Author: Abdullah Saeed Publisher: Edward Elgar Publishing ISBN: 1784716588 Category : Law Languages : en Pages : 333
Book Description
Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.
Author: Federico Lorenzo Ramaioli Publisher: Springer Nature ISBN: 3031378369 Category : Comparative law Languages : en Pages : 304
Book Description
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
Author: Bernard Lewis Publisher: Oxford University Press ISBN: 0198023936 Category : History Languages : en Pages : 230
Book Description
Hailed in The New York Times Book Review as "the doyen of Middle Eastern studies," Bernard Lewis has been for half a century one of the West's foremost scholars of Islamic history and culture, the author of over two dozen books, most notably The Arabs in History, The Emergence of Modern Turkey, The Political Language of Islam, and The Muslim Discovery of Europe. Eminent French historian Robert Mantran has written of Lewis's work: "How could one resist being attracted to the books of an author who opens for you the doors of an unknown or misunderstood universe, who leads you within to its innermost domains: religion, ways of thinking, conceptions of power, culture--an author who upsets notions too often fixed, fallacious, or partisan." In Islam and the West, Bernard Lewis brings together in one volume eleven essays that indeed open doors to the innermost domains of Islam. Lewis ranges far and wide in these essays. He includes long pieces, such as his capsule history of the interaction--in war and peace, in commerce and culture--between Europe and its Islamic neighbors, and shorter ones, such as his deft study of the Arabic word watan and what its linguistic history reveals about the introduction of the idea of patriotism from the West. Lewis offers a revealing look at Edward Gibbon's portrait of Muhammad in Decline and Fall of the Roman Empire (unlike previous writers, Gibbon saw the rise of Islam not as something separate and isolated, nor as a regrettable aberration from the onward march of the church, but simply as a part of human history); he offers a devastating critique of Edward Said's controversial book, Orientalism; and he gives an account of the impediments to translating from classic Arabic to other languages (the old dictionaries, for one, are packed with scribal errors, misreadings, false analogies, and etymological deductions that pay little attention to the evolution of the language). And he concludes with an astute commentary on the Islamic world today, examining revivalism, fundamentalism, the role of the Shi'a, and the larger question of religious co-existence between Muslims, Christians, and Jews. A matchless guide to the background of Middle East conflicts today, Islam and the West presents the seasoned reflections of an eminent authority on one of the most intriguing and little understood regions in the world.
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Author: Federico Lorenzo Ramaioli
Author: 
Author: Lawrence Rosen
Author: Khaled Ramadan Bashir
Author: Tamir Moustafa
Author: Syed Abul ʻAla Maudoodi
Author: MashoodA. Baderin
Author: Abdullah Saeed
Author: Federico Lorenzo Ramaioli
Author: Bernard Lewis