Download or read book Women Judges in the Muslim World written by and published by BRILL. This book was released on 2017-03-20 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.

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 The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers written by Shihab al‑Din al‑Qarafi and published by Yale University Press. This book was released on 2017-05-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi’s seminal work available to a wider audience. Al-Qarafi’s examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.

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 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 Islamic Law in Modern Courts written by Haider Ala Hamoudi and published by Aspen Publishing. This book was released on 2018-02-28 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Law in Modern Courts provides an easily accessible introduction to Islamic law written specifically for law students and legal professionals, and designed to be taught not only by Islamic law specialists, but also by those working in related fields such as law and religion or comparative legal systems. Framed as a casebook, the text uses translations of judicial decisions involving real-world legal disputes to present a picture of Islamic law as it is actually applied in the contemporary world. The casebook draws on material from a variety of countries but focuses primarily on two jurisdictions. Cases from Indonesia exemplify the law of the majority Sunni branch of Islam, while cases from Iraq reflect the influence of both Sunni and Shi’a law. The casebook begins with a brief introduction to the religion of Islam and the sources, methods, and historical development of Islamic law. Four substantive law chapters cover the main subjects over which Islamic law continues to exert significant influence. These include inheritance law, the law of marriage and divorce, Islamic finance and charitable foundations, and Islamic criminal law. A final chapter examines constitutional adjudication of issues related to Islamic law. Key Features: Examines Islamic law as state law that is enforced by national courts but with roots in and ongoing connections with the rich classical tradition. Designed for use by both experts in Islamic law as well as faculty who have an interest in Islamic law but lack extensive background in the subject. Cases are accompanied by commentary that explains and situates the doctrine applied in the decision and suggests questions for classroom discussion. The five substantive law chapters are self-contained units that permit instructors to design a course that focuses on subject areas of particular interest.

Download or read book Criminal Justice in Islam written by Kate Daniels and published by Bloomsbury Publishing. This book was released on 2003-08-22 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where do Islamic courts still operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What penalties may an Islamic judge impose in criminal matters? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This book attempts to answer all the above crucial, basic yet difficult questions of Islamic law. A formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application in modem states today. Controversial cases are dealt with and explained from an Islamic point of view with the aim of informing a Western audience of the objectivity and fair process inherent in the Islamic system.

Download or read book Criminal Justice in Islam written by M. A. Abdel Haleem and published by . This book was released on 2003 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: An array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application today in modern states. Where do Islamic courts operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This text attempts to answer these and many more crucial questions of Islamic law as they.

Download or read book The Role of Islam in the Legal System of Pakistan written by Martin Lau and published by BRILL. This book was released on 2006 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in 1947, this volume examines the way Pakistani judges have dealt with the controversial issue of Islam in the past 50 years. The book's focus on reported case-law offers a new perspective on the Islamisation of Pakistan's legal system in which Islam emerges as more than just a challenge to Western conceptions of human rights.

Download or read book The Concept of Justice in Islam written by Safraz Bacchus and published by FriesenPress. This book was released on 2014-10-20 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is laid out to outline the Islamic standpoint on justice and it's high standard. This manuscript will attempt to clarify a major misconception that has gained widespread acceptance in some academic circles. The misconception is that the Muslim judge judges blindly according to a rigid set of outdated laws without giving due consideration to what is in the best interest of either the public or in upholding the rights of a person. Finally, it will seek to demonstrate how the ethical standards that govern the conduct and office of the qadi reinforces the public trust and confidence in the Islamic judicial system as a whole. Given that the Islamic judiciary does not have the powers of the sword or the purse - powers that are reserved for the executive and the legislative branches of government - respect is said to be the greatest strength of the institution itself.Islamic law requires a Muslim judge (hakim or qadi) to conform to the highest ethical standards both in their personal conduct and in issuing rulings that are just and seen to be just.

Download or read book Adjudicating Family Law in Muslim Courts written by Elisa Giunchi and published by Routledge. This book was released on 2013-12-04 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.

Download or read book Islamic Law and Judiciary written by Tanzeem Fatima and published by . This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Present Book Is A Study Of The Judicial Trend Since 1950 Till Date. The Purpose Of The Book Is To Measure The Degree And Extent Of Deviation Or Departure From Well Established Principles Of Islamic Law. Contents Covers 1. Sources Of Islamic Law, 2. Nature And Concept Of Marriage, 3. Divorce, 4. Dower, 5. Maintenance, 6. Parentage, Legitimacy And Acknowledgement, 7. Guardianship, 8. Gift (Hiba) 9. Wakf, 10. Will (Wasiyyat), 11. Inheritance, 12. Application Of True Islamic-Shariah Laws: Some Suggestions

Download or read book Sharia Transformations written by Michael G. Peletz and published by Univ of California Press. This book was released on 2020-03-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.

Download or read book Judicial System of Islam written by G̲h̲ulām Murtaz̤ā Āzād and published by Islamic Research Institute International Islamic University. This book was released on 1987 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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:

Download or read book d b Al Q written by and published by Adam Publishers. This book was released on 2004 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Modernization Tradition and Identity written by Euis Nurlaelawati and published by Amsterdam University Press. This book was released on 2010 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nurlaelawati's close and contextually sensitive analysis of judicial practice in Indonesia's Islamic courts yields invaluable insights into the subtle dynamics of legal change in a modern Islamic legal system. Prof. Mark Cammack, Professor of Law, Southwestern Law School, Los Angeles --