Download or read book Legal Pluralism and Shari a Law written by Adam Possamai and published by Routledge. This book was released on 2024-10-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Shari'a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Shari'a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.
Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
Download or read book Legal Pluralism in the Holy City written by Dr Ido Shahar and published by Ashgate Publishing, Ltd.. This book was released on 2015-09-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The study is based on participant observations in the studied shari'a court in contemporary West Jerusalem, as well as on textual and legal analyses of court cases and rulings, and suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.
Download or read book Legal Pluralism in the Arab World written by Baudouin Dupret and published by BRILL. This book was released on 1999-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism: Ziad Bahaa-Eldin.
Download or read book Religious Pluralism and Islamic Law written by Anver M. Emon and published by Oxford University Press. This book was released on 2012-07-26 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the rules governing the treatment of foreigners in Islam and situating them in their historical, political, and legal context, this book sets out a new framework for understanding these rules as part of a wider problem of governing through law amidst pluralism.
Download or read book Religion and Legal Pluralism written by Dr Russell Sandberg and published by Ashgate Publishing, Ltd.. This book was released on 2015-07-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.
Download or read book Legal Pluralism in Indonesia written by Ratno Lukito and published by Routledge. This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.
Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 2021-03-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.
Download or read book Legal Pluralism in Conflict written by Prakash Shah and published by Psychology Press. This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. It will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Download or read book Legal Pluralism in Ethiopia written by Susanne Epple and published by transcript Verlag. This book was released on 2020-07-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
Download or read book Legal Pluralism and Empires 1500 1850 written by Lauren Benton and published by NYU Press. This book was released on 2013-07-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Download or read book Non State Justice Institutions and the Law written by M. Kötter and published by Springer. This book was released on 2015-02-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
Download or read book Custom in Islamic Law and Legal Theory written by Ayman Shabana and published by Springer. This book was released on 2010-11-14 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Download or read book Marriage and Divorce in a Multi Cultural Context written by Joel A. Nichols and published by Cambridge University Press. This book was released on 2011-10-31 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
