Download or read book Islam and European Legal Systems written by Silvio Ferrari and published by Dartmouth Publishing Company. This book was released on 2000 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 11 Concluding remarks, Giorgio Conetti
Download or read book Islam and European Legal Systems written by Silvio Ferrari and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title was first published in 2000: The presence of large numbers of Muslims within their borders is a relatively new phenomenon for most European states which introduces a radically different way of viewing the world and forces liberal states to reassess their own liberalism. This book explores the varying legal reactions throughout Europe to the rise of Islam. Essays on the legal systems of the leading European jurisdictions are complemented by others on general issues arising out of the impact of Islam in Europe on traditional concepts within European legal systems. In assessing how countries do and should react to demands from muslims within their borders, the relationship between religion and law is brought into question. The position of Muslims within non-Muslim European states is destined to become a key legal issue, not only for Muslims themselves, but for all religious minorities."--Provided by publisher.
Download or read book Islam Europe and Emerging Legal Issues written by W. Cole Durham and published by Routledge. This book was released on 2016-05-06 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
Download or read book Islamic Law in Europe written by Andrea Büchler and published by Routledge. This book was released on 2016-05-06 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Download or read book Islamic Legal Revival written by Leonard Gustauvus Harrison Wood and published by Oxford University Press. This book was released on 2016 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this meticulously researched volume, Leonard Wood presents his ground breaking history of Islamic revivalist thought in Islamic law. Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1879-1952 brings to life the tumultuous history of colonial interventions in Islamic legal consciousness during the nineteenth and early twentieth centuries. It tells the story of the rapid displacement of local Egyptian and Islamic law by transplanted European codes and details the evolution of resultant movements to revive Islamic law. Islamic legal revivalist movements strove to develop a modern version of Islamic law that could be codified and would replace newly imposed European laws. Wood explains in unparalleled depth and with nuance how cutting-edge trends in European legal scholarship inspired influential revivalists and informed their methods in legal thought. Timely and provocative, Islamic Legal Revival tells of the rich achievements of legal experts in Egypt who disrupted tradition in Islamic jurisprudence and created new approaches to Islamic law that were distinctively responsive to demands of the contemporary world. The story told bears important implications for understandings of Egyptian history, Islamic legal history, comparative law, and deeply contested and highly transformative interactions between European and Islamic thought.
Download or read book Mixed Legal Systems East and West written by Vernon Valentine Palmer and published by Routledge. This book was released on 2016-07-22 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.
Download or read book Islamic Law and International Human Rights Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-10-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.
Download or read book Islam and the Rule of Justice written by Lawrence Rosen and published by University of Chicago Press. This book was released on 2018-03-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Integration of Islam written by Christian Joppke and published by Harvard University Press. This book was released on 2013-04-15 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other. While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested. Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.
Download or read book Islamic Law and the Challenges of Modernity written by Yvonne Yazbeck Haddad and published by Rowman Altamira. This book was released on 2004 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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!
Download or read book The Legal Treatment of Islamic Minorities in Europe written by Roberta Aluffi Beck-Peccoz and published by . This book was released on 2004 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In all countries of the European Union, the Muslim communities, numbering about 15,000,000 people, represent a substantial religious minority, although it is a very varied group, both in terms of religious practice and national origin. The very weight of this minority forces the legal systems to come to terms with its presence. However, these changes are highly diversified and are evolving rapidly, not necessarily towards greater tolerance. This volume provides a brief sketch of these changes, describing the situation of some member countries of the European Union (Austria, Belgium, France, Germany, Greece, Italy, the Netherlands, Portugal, Spain, Sweden and UK) and of one of the enlargement candidate countries, Romania. The book also contains an initial attempt at comparison between European countries and the USA and an overall analysis of the problems posed by the Islamic presence in Europe and the strategies to manage them. This work allows readers to draw some general conclusions on convergences and divergences within the European Union and the factors that determine them.
Download or read book Family Religion and Law written by Prakash Shah and published by Routledge. This book was released on 2016-04-15 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.
Download or read book Embedding Mahr Islamic Dower in the European Legal System written by Rubya Mehdi and published by Djoef Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and migration have served to make European societies multicultural to an unprecedented extent, but they have also increasingly brought multicultural life into the courtrooms and administrative institutions. However, there remains a lack of in-depth research investigating particular issues of Muslim family law and how these interact with society on an unofficial level, as well as in relation to the official legal processes. It is especially this latter aspect, i.e. how alternative norms play out in the formal courts, which is the focus of this book, with mahr as the main reference point. Ã?Â?Mahr, usually translated as dower (to distinguish it from dowry as the contribution which a bride brings to a marriage), is an amount of money or property which, in a Muslim marriage, is an obligation of the husband to the wife, and has generally been more sympathetically treated by European courts than any other aspect of Islamic family law. Mahr engages various branches of the law, such as the legal status of religion, gender equality law, family law, inheritance law, contract law, and private international law. It is a topic which functions as a prism through which much broader issues of cultural, religious, and legal pluralism can be brought together for analysis, with implications beyond the apparent narrow focus of the immediate subject.
Download or read book History of Islamic Law written by Noel Coulson and published by Edinburgh University Press. This book was released on 2014-03-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Download or read book Shari a As Discourse written by Lisbet Christoffersen and published by Routledge. This book was released on 2016-04-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari’a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari’a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.
Download or read book Democracy the Rule of Law and Islam written by Eugene Cotran and published by BRILL. This book was released on 2023-10-16 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
