Download or read book Juridical Perspectives between Islam and the West written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024-01-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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".
Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
Download or read book Islam and International Law written by and published by Martinus Nijhoff Publishers. This book was released on 2013-06-13 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Religion and Law written by Edwin Brown Firmage and published by Eisenbrauns. This book was released on 1990 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers presented in this volume were originally presented at a conference entitled "Religion and Law: Middle Eastern Influences on the West," sponsored by the Middle East Center of the University of Utah and the J. Reuben Clark Law School at Brigham Young Univerisity. The conference's aim was to explore the connection between religion, especially biblical religion, and law in the Ancient Middle East and to trace its development into the present. The special status of Islamic law is treated in several articles.
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 Islamic International Law written by Khaled Ramadan Bashir and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Islam and the West written by Bernard Lewis and published by Oxford University Press. This book was released on 1994-10-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Muslims in the West After 9 11 written by Jocelyne Cesari and published by Routledge. This book was released on 2009-12-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first systematic attempt to study the situation of European and American Muslims after 9/11, and to present a comprehensive analysis of their religious, political, and legal situations. Since 9/11, and particularly since the Madrid and London bombings of 2004 and 2005, the Muslim presence in Europe and the United States has become a major political concern. Many have raised questions regarding potential links between Western Muslims, radical Islam, and terrorism. Whatever the justification of such concerns, it is insufficient to address the subject of Muslims in the West from an exclusively counter-terrorist perspective. Based on empirical studies of Muslims in the US and Western Europe, this edited volume posits the situation of Muslim minorities in a broader reflection on the status of liberalism in Western foreign policies. It also explores the changes in immigration policies, multiculturalism and secularism that have been shaped by the new international context of the ‘war on terror’. This book will be of great interest to students of Critical Security Studies, Islamic Studies, Sociology and Political Science in general. Jocelyne Cesari is an Associate at Harvard’s Center for Middle Eastern Studies and the Center for European Studies, teaching at Harvard Divinity School and the Government Department, specializing in Islam and the Middle East.
Download or read book International Law and Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The West and Islam written by Antony Black and published by Oxford University Press, USA. This book was released on 2008 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative history of political thought examines what the Western and Islamic approaches to politics had in common and where they diverged. It throws light on why the West and Islam each developed their own particular kind of approach to government, politics, and the state, and on why these approaches are so different.
Download or read book The Crisis of Islam written by Bernard Lewis and published by Random House Trade Paperbacks. This book was released on 2004-03-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his first book since What Went Wrong? Bernard Lewis examines the historical roots of the resentments that dominate the Islamic world today and that are increasingly being expressed in acts of terrorism. He looks at the theological origins of political Islam and takes us through the rise of militant Islam in Iran, Egypt, and Saudi Arabia, examining the impact of radical Wahhabi proselytizing, and Saudi oil money, on the rest of the Islamic world. The Crisis of Islam ranges widely through thirteen centuries of history, but in particular it charts the key events of the twentieth century leading up to the violent confrontations of today: the creation of the state of Israel, the Cold War, the Iranian Revolution, the Soviet defeat in Afghanistan, the Gulf War, and the September 11th attacks on the United States. While hostility toward the West has a long and varied history in the lands of Islam, its current concentration on America is new. So too is the cult of the suicide bomber. Brilliantly disentangling the crosscurrents of Middle Eastern history from the rhetoric of its manipulators, Bernard Lewis helps us understand the reasons for the increasingly dogmatic rejection of modernity by many in the Muslim world in favor of a return to a sacred past. Based on his George Polk Award–winning article for The New Yorker, The Crisis of Islam is essential reading for anyone who wants to know what Usama bin Ladin represents and why his murderous message resonates so widely in the Islamic world.
Download or read book Migration and Islamic Ethics written by and published by BRILL. This book was released on 2019-11-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship addresses how Islamic ethical and legal traditions can contribute to current global debates on migration and displacement; how Islamic ethics of muʾakha, ḍiyāfa, ijāra, amān, jiwār, sutra, kafāla, among others, may provide common ethical grounds for a new paradigm of social and political virtues applicable to all humanity, not only Muslims. The present volume more broadly defines the Islamic tradition to cover not only theology but also to encompass ethics, customs and social norms, as well as modern political, humanitarian and rights discourses. The first section addresses theorizations and conceptualizations using contemporary Islamic examples, mainly in the treatment of asylum-seekers and refugees; the second, contains empirical analyses of contemporary case studies; the third provides historical accounts of Muslim migratory experiences. Contributors are: Abbas Barzegar, Abdul Jaleel, Dina Taha, Khalid Abou El Fadl, Mettursun Beydulla, Radhika Kanchana, Ray Jureidini, Rebecca Gould, Said Fares Hassan, Sari Hanafi, Tahir Zaman.
Download or read book Constituting Religion written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2018-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Western Views of Islam in Medieval and Early Modern Europe written by M. Frassetto and published by Springer. This book was released on 1999-12-09 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western Views of Islam in Medieval and Early Modern Europe considers the various attitudes of European religious and secular writers towards Islam during the Middle Ages and Early Modern Period. Examining works from England, France, Italy, the Holy Lands, and Spain, the essays in this volume explore the reactions of Westerners to the culture and religion of Islam. Many of the works studied reveal the hostility toward Islam of Europeans and the creation of negative stereotypes of Muslims by Western writers. These essays also reveal attempts at accommodation and understanding that stand in contrast to the prevailing hostility that existed then and, in some ways, exists still today.
Download or read book Shari a and the Constitution in Contemporary Legal Models written by Federico Lorenzo Ramaioli and published by Springer Nature. This book was released on 2024 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Islam and Colonialism written by Muhamad Ali and published by Edinburgh University Press. This book was released on 2015-12-08 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative and cross-cultural history of Islamic reform and European colonialism as both dependent and independent factors in shaping the multiple ways of becoming modern in Indonesia and Malaya during the first half of the twentieth century.
Download or read book Human Rights and Islam written by Abdullah Saeed and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
