Download or read book Justice and Leadership in Early Islamic Courts written by Intisar A. Rabb and published by Harvard Series in Islamic Law. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Leadership in Early Islamic Courts explores the administration of justice during Islam's founding period, 632-1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh, ten scholars of Islamic law draw on diverse sources including historical chronicles, biographical dictionaries, exegetical works, and mirrors for princes.
Download or read book The Expert Witness in Islamic Courts written by Ron Shaham and published by University of Chicago Press. This book was released on 2010-04-15 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.
Download or read book Islamic Modern written by Michael G. Peletz and published by Princeton University Press. This book was released on 2002-12 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART ONE. THE CULTURE, POLITICAL ECONOMY, AND HISTORY OF THE ISLAMIC COURTS -- Locating Islamic Magistrates and Their Courts in History -- The Work of the Courts -- Litigant Strategies and Patterns of Resistance -- PART TWO. MODERNITY AND GOVERNMENTALITY IN ISLAMIC COURTS AND OTHER DOMAINS -- Reinscribing Authenticity and Identity -- Producing Good Subjects, "Asian Values," and New Types of Criminality.
Download or read book Getting Somalia Wrong written by Mary Harper and published by Zed Books. This book was released on 2012-02-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Somalia is a failed state, representing a threat to itself, its neighbours and the wider world. In recent years, it has become notorious for the piracy off its coast and the rise of Islamic extremism, opening it up as a new 'southern front' in the war on terror. At least that is how it is inevitably portrayed by politicians and in the media. Mary Harper presents the first comprehensive account of the chaos into which the country has descended and the United States' renewed involvement there. In doing so, Harper argues that viewing Somalia through the prism of al-Qaeda risks further destabilizing the country and the entire Horn of Africa, while also showing that though the country may be a failed state, it is far from being a failed society. In reality, alternative forms of business, justice, education and local politics have survived and even flourished. Provocative in its analysis, Harper shows that until the international community starts to 'get it right' the consequences will be devastating, not just for Somalia, but for the world.
Download or read book Muslim Family Law in Western Courts written by Elisa Giunchi and published by Routledge. This book was released on 2014-03-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.
Download or read book A Geo Legal Approach to the English Sharia Courts written by Anna Marotta and published by BRILL. This book was released on 2021-12-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.
Download or read book Islamic Courts in Indonesia written by Daniel S. Lev and published by Univ of California Press. This book was released on 1972-01-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Practicing Shariah Law written by Hauwa Ibrahim and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practicing Law in Shariah Courts: Seven Strategies for Achieving Justice in Shariah Courts describes the Shariah courts of Northern Nigeria, and offers advice for counsel practicing in Shariah courts worldwide, particularly in cases involving women. In this important book, you'll find insight into practicing law in Shariah courts, and some questions that arise from being on the field, from the authors experience of seeking justice under these laws both legally and spiritually.
Download or read book Applied Family Law in Islamic Courts written by Nahda Shehada and published by Routledge. This book was released on 2020-08-14 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
Download or read book Literature and the Islamic Court written by Erez Naaman and published by Culture and Civilization in the Middle East. This book was released on 2019-12-12 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts were the most important frameworks for the production, performance, and evaluation of literature in medieval Islamic civilization. Patrons vying for prestige attracted to their courts literary people who sought their financial support. The most successful courts assembled outstanding literary people from across the region. The court of the vizier and literary person al-Sahib Ibn ʿAbbad (326-385/938-995) in western Iran is one of the most remarkable examples of a medieval Islamic court, with a sophisticated literary activity in Arabic (and, to a lesser extent, in Persian). Literature and the Islamic Court examines the literary activity at the court of al-Sahib and sheds light on its functional logic. It is an inquiry into the nature of a great medieval court, where various genres of poetry and prose were produced, performed, and evaluated regularly. Major aspects examined in the book are the patterns of patronage, selection, and auditioning; the cultural codes and norms governing performance, production, and criticism; the interaction between the patron and courtiers and among the courtiers themselves; competition; genres as productive molds; the hegemonic literary taste; and the courtly habitus. This book reveals the significance these courts held as institutions that were at the heart of literary production in Arabic. Using primary medieval Arabic sources, this book offers a comprehensive analysis of Islamic courts and as such is of key interest to students and scholars of Arabic literature, Islamic history and medieval studies.
Download or read book Shari a Inshallah written by Mark Fathi Massoud and published by Cambridge University Press. This book was released on 2021-05-27 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.
Download or read book Court Cultures in the Muslim World written by Albrecht Fuess and published by Routledge. This book was released on 2014-06-03 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts and the complex phenomenon of the courtly society have received intensified interest in academic research over recent decades, however, the field of Islamic court culture has so far been overlooked. This book provides a comparative perspective on the history of courtly culture in Muslim societies from the earliest times to the nineteenth century, and presents an extensive collection of images of courtly life and architecture within the Muslim realm. The thematic methodology employed by the contributors underlines their interdisciplinary and comprehensive approach to issues of politics and patronage from across the Islamic world stretching from Cordoba to India. Themes range from the religious legitimacy of Muslim rulers, terminologies for court culture in Oriental languages, Muslim concepts of space for royal representation, accessibility of rulers, the role of royal patronage for Muslim scholars and artists to the growing influence of European courts as role models from the eighteenth century onwards. Discussing specific terminologies for courts in Oriental languages and explaining them to the non specialist, chapters describe the specific features of Muslim courts and point towards future research areas. As such, it fills this important gap in the existing literature in the areas of Islamic history, religion, and Islam in particular.
Download or read book Dispensing Justice in Islam written by Muḥammad K̲ālid Masud and published by BRILL. This book was released on 2006 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Download or read book Applied Family Law in Islamic Courts written by Nahda Shehada and published by Routledge. This book was released on 2018-03-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
Download or read book Promoting Women s Rights in Islamic Law in a Non Muslim State Israel written by Ahmad Natour and published by Rowman & Littlefield. This book was released on 2021-04-07 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Download or read book Contours of Change written by Bala Saho and published by MSU Press. This book was released on 2018-02-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a previously unexamined body of qadi court records as well as two hundred oral interviews in Wolof and Mandinka, Contours of Change: Muslim Courts, Women, and Islamic Society in Colonial Bathurst, the Gambia, 1905–1965, offers a new perspective on the impact of British rule in West Africa. It focuses on the formation of present-day Banjul and the role of law, religion, and gender relations. Specifically, this volume explores how colonization affected the evolution of women’s understanding of the importance of law in securing their rights, and how urban women used the new qadi court system to fight for greater rights in the domestic sphere. The fascinating cases discussed in the text show that male Muslim judges often were sympathetic to women’s claims, and that, as a result, the qadi court created opportunities for women to acquire property rights and negotiate patriarchal relationships. Contours of Change sheds light on African subjectivities and the broader social, economic, and political changes taking place in colonial Gambian society during the first half of the twentieth century. This text breaks new ground in Senegambian history and makes a significant contribution to British colonial studies, African legal studies, Islam in Africa studies, and women’s history studies.
