Download or read book Islam and Law in Lebanon written by Morgan Clarke and published by Cambridge University Press. This book was released on 2018-06-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern state of Lebanon, created after the fall of the Ottoman Empire, is home to eighteen officially recognised different religious communities (or sects). Crucially, political office and representation came to be formally shared along confessional lines, and the privileges of power are distributed accordingly. One such key prerogative is exclusivity when it comes to personal status laws: the family legal affairs of each community. In this book, Morgan Clarke offers an authoritative and dynamic account of how the sharia is invoked both with Lebanon's state legal system, as Muslim family law, and outside it, as a framework for an Islamic life and society. By bringing together an in-depth analysis of Lebanon's state-sponsored sharia courts with a look at the wider world of religious instruction, this book highlights the breadth of the sharia and the complexity of the contexts within which it is embedded.
Download or read book The Christians of Lebanon written by David D. Grafton and published by . This book was released on 2003 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: "With the contemporary discussions of political Islam, how do minority Muslim communities approach the traditional concept that Islam is both "religion and politics"? How do Muslim minorities address the issues of Islamic social organization when they are either a minority or living within a pluralistic state? Do Muslims who are integrated within a pluralistic state approach the traditional aspects of Islamic social-political organization in a manner different than those Muslims whomake up a majority? This study examines the Islamic categories of Christians under Islamic law and compares them with the status of Christians within Lebanon. David Grafton reviews the opinions of four Lebanese Muslim scholars (two Sunni and two Shi'a) regarding Christian political rights during the Lebanese Civil War. In such a diverse and complicated social context as Lebanon, who do these scholars respond to the position of the Christian community which claims political supremacy by maintaining its hold on the presidency? The debate on political Islam has, to this point, neglected to look seriously at Muslim communities in pluralistic contexts, and how such contexts affect their opinions of traditional social-political organization. This text attempts steps to reverse this trend."--Bloomsbury Publishing.
Download or read book Islam and New Kinship written by Morgan Clarke and published by Berghahn Books. This book was released on 2009-06-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between ‘liberal’ and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology’s own ‘new kinship studies’. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.
Download or read book The Christians of Lebanon written by David Grafton and published by I.B. Tauris. This book was released on 2004-05-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the contemporary discussions of political Islam, how do minority Muslim communities approach the traditional concept that Islam is both "religion and politics"? How do Muslim minorities address the issues of Islamic social organization when they are either a minority or living within a pluralistic state? Do Muslims who are integrated within a pluralistic state approach the traditional aspects of Islamic social-political organization in a manner different than those Muslims whomake up a majority? This study examines the Islamic categories of Christians under Islamic law and compares them with the status of Christians within Lebanon. David Grafton reviews the opinions of four Lebanese Muslim scholars (two Sunni and two Shi'a) regarding Christian political rights during the Lebanese Civil War. In such a diverse and complicated social context as Lebanon, who do these scholars respond to the position of the Christian community which claims political supremacy by maintaining its hold on the presidency? The debate on political Islam has, to this point, neglected to look seriously at Muslim communities in pluralistic contexts, and how such contexts affect their opinions of traditional social-political organization. This text attempts steps to reverse this trend.
Download or read book Islam and Law in Lebanon written by Morgan Clarke and published by Cambridge University Press. This book was released on 2018-06-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dynamic account of the sharia in Lebanon as both state law and as personal ethics.
Download or read book Law and Islam in the Middle East written by Daisy Hilse Dwyer and published by Bloomsbury Publishing USA. This book was released on 1990-09-18 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself, asserts Joseph Schacht the internationally renowed Islamic law scholar. Indeed, the primary place of law in Islam as well as the preponderance of the legal over the theological in Muslim thinking has long been recognized by both Muslim jurisprudents and by Western legal scholars. At a time when Islamic fundamentalism is flourishing, the relation of religion in and to law-related behavior needs to be scrutinized. In its eight chapters, contributed by various experts in the field and with a cogent introduction by editor Daisy Hilse Dwyer that focuses on the sources of law, the reasons for its centrality in the Middle East, and personal status law, this volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle Eastern nations. The dynamics of dispute settlement, the interaction of court personnel with litigants, the content of legislation, and the promulgation of public policies about law are detailed here as well as the power dynamics of law's interpersonal, intergroup, and international sides. Focusing on the specifics of contemporary politics and social life, the volume provides a baseline for understanding how, and the degree to which, the legal principles and the legal ethos elaborated in Islam centuries ago continue to provide a vital dynamic in legal behavior and thinking today. The first five chapters deal with the on-the-ground intricacies of personal status law. They detail the complex blend of options and constraints that Middle Easterners experience in confronting personal status issues and examine the different approaches to these issues by contrasting regional evironments and differentially empowered social groups. The last three chapters assess law in the public domain-an area in which the most striking recent applications of Islamic law have occurred. Law and Islam in the Middle East will be of particular value to international law experts, students of Islam, comparative law, and the Middle East, as well as practicing social scientists and others who seek a practical and philosophical understanding of how the spirit and letter of Islamic law constitute and reconstitute themselves with a fine-tuned responsiveness to a continuously changing nation and world.
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 Introduction to Middle Eastern Law written by Chibli Mallat and published by OUP Oxford. This book was released on 2007-07-12 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010-07-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
Download or read book Family Law in Islam written by Maaike Voorhoeve and published by Bloomsbury Publishing. This book was released on 2012-03-30 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."
Download or read book The Lebanese Legal System written by Antoine Elias El-Gemayel and published by University Press of America. This book was released on 1985 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Lebanese Legal System is the first reference work in the English language to present a comprehensive study of the law in Lebanon. Comprised of two volumes, this work includes contributions by judges, professors of law, practicing attorneys and high ranking officials in Lebanon. Their expertise provides unique insight into the substantive law and the cultural, political, and practical operation of the Lebanese Legal System.
Download or read book Secular Coexistence in Lebanon written by Raja Abillama and published by EUP. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the coexistence of Muslims and Christians in Lebanon through an investigation of Lebanese law.The book considers coexistence as an organizing or structuring principle of the modern Lebanese state, and of its legal order. It analyses the kind of legal arrangement that coexistence dictates, and the legal processes that sustain coexistence. It reaches beyond the law, to describe or provide an account of coexistence as constitutive of a secular sensibility or form of life, a sensibility or form of life that finds its articulations in specific ways of thinking, doing, and feeling. It describes some of the concepts, practices, and attitudes of coexistence, through which Muslims and Christians in Lebanon are secured a place and secured in place, enabled and constrained to make legible their 'religious' difference and distinctiveness through marriage and its consequences (the family), keep in check, restrain, or contain their 'religious' passions. It proposes that the coexistence of Muslims and Christians in Lebanon is Lebanese secularism.
Download or read book Speaking in God s Name written by Khaled Abou El Fadl and published by Simon and Schuster. This book was released on 2014-10-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on both religious and secular sources, this challenging book argues that divinely ordained law is frequently misinterpreted by Muslim authorities at the expense of certain groups, including women. Khaled Abou El Fadl cites a series of injustices in Islamic society and ultimately proposes a return to the original ethics at the heart of the Muslim legal system.
Download or read book An Introduction to Al Islam and Islamic Law written by Muhamad Mugraby and published by . This book was released on 2013-01-28 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Al-Islam, by linguistic definition, is the state of being at peace and security. It is a house of peace. Al-Sharia is part and parcel of Al-Islam. It is Islamic law. It occupies a central role in the Islamic system, a role designed to insure and protect peace and security for all. Lack of adequate public as well as academic knowledge of and about Al-Sharia is prevalent and is underscored by the inability of thousands of authors in various languages to come to grips with its nature. Most of them define Al-Sharia as religious law. They do so because they interpret Al-Islam as a religion just like Christianity and try to apply to it principles and doctrines that various Christian churches have come either to accept or to reject. A case in point is the doctrine of separation of church and state which, when applied to Al-Islam, serves to de-legitimize Al-Sharia. Hence any call for reinstating Al-Sharia is adamantly rejected as an affront to secularism and modernity. The author, a jurist educated in Western universities, a Doctor of the Science of Law from Columbia University, a former law lecturer, and a well-known human rights defender, demonstrates that Al-Islam is not a mere religion in the Christian sense, but religion and religious worship and belief are parts of it. Al-Islam is a universal system that cannot be separated from Al-Sharia for Al-Sharia embodies and upholds a number of general principles of law and aims to insure peace and protect all inalienable individual rights cherished by Al-Islam. He compares those rights with rights upheld under the Universal Declaration of Human Rights, the American Declaration of Independence and the French Declaration of the Rights of man and the Citizen. In the process, the author demonstrates how Al-Sharia embodies and upholds a rule of law that ranks above kings and all other sovereigns. He argues that the full application of Al-Sharia, which recognizes the bounds, or hudood, of Allah, does not require the rise of one Islamic State to do the job nor will it prevent Islamic states from co-existing in peace and cooperation with each other as well as with non-Islamic states that are willing and agreeable to joining a peace for all humans without discrimination. The conclusion is inevitable that Al-Islam cannot be itself without Al-Sharia and, therefore, denial of Al-Sharia is, in truth, denial of Al-Islam.
Download or read book Contracting Fear written by Khurram Dara and published by Wipf and Stock Publishers. This book was released on 2015-10-22 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you've ever read a news story about radical Islam, you've probably seen "sharia law" mentioned. But for something that is becoming increasingly prevalent in political rhetoric, it's hard to believe how little most people actually know about Islamic law. In this concise and instructive book, Khurram Dara explains not only the history and origins of Islamic law but also the interesting role it has played in the politics of the Middle East and Middle America. Challenging the conventional wisdom that Islamic law is rigid and permanent, Dara argues that the political and cultural realities of its formation suggest otherwise and should change how Islamic law is thought of and discussed in both the East and the West. Combining religious history with legal analysis, Contracting Fear explains Islamic law in the context of the global political climate today.
Download or read book Islam and New Kinship written by Morgan Clarke and published by Berghahn Books. This book was released on 2009 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between 'liberal' and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology's own 'new kinship studies'. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.
Download or read book Sharia Muslim States and International Human Rights Treaty Obligations written by Nisrine Abiad and published by BIICL. This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
