Download or read book Muslim Law and the Constitution written by A. M. Bhattacharjee and published by . This book was released on 1994 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Constitutionalism in Islamic Countries Between Upheaval and Continuity written by Tilmann Röder (J.) and published by Oxford University Press. This book was released on 2012-02-16 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."
Download or read book Constitutional Secularism in an Age of Religious Revival written by Susanna Mancini and published by Oxford University Press. This book was released on 2014 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The revival of religion in many parts of the world and the migration of religious cultures as part of the process of globalization have posed a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle against secular constitutionalism, and a two pronged assault on the very legitimacy and viability of the concept. On the one hand, constitutional secularism has been attacked as inherently hostile rather than neutral toward religion; and, on the other hand, constitutional secularism has been criticized as inevitably favouring one religion (or set of religions) over others"--
Download or read book State Law as Islamic Law in Modern Egypt written by Clark Lombardi and published by BRILL. This book was released on 2006-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.
Download or read book Islamic Doctrine Versus the U S Constitution written by Stephen Kirby and published by . This book was released on 2019-11-19 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing numbers of Muslim candidates for office are entering the U.S. political system at every level from local to state and federal; and, while we applaud civic engagement by all citizens in our democratic system, we also are mindful that Islam is a faith like none other in the obligation levied on its followers to place Islamic Law (shariah) above any other law, including the U.S. Constitution. Obviously, this sets up a conundrum for those candidates for political office who are devout and practicing Muslims. Indeed, Andre Carson (IN-D), who currently represents Indiana's 7th District in the U.S. House of Representatives, has openly urged fellow Muslims in explicit terms to represent Islam as an elected official in the U.S. government: "Each and every one of us has a directive to represent Islam, in all of our imperfections, but to represent Islam ... Such declarations set up a direct challenge to Article VI Clause 2 of the U.S. Constitution, to which each and every Member of Congress, House and Senate, is pledged under oath to uphold." With his newest book, "Islamic Doctrine versus The U.S. Constitution: The Dilemma for Muslim Public Officials," author and scholar of Islam Stephen M. Kirby, Ph.D. has drawn upon a series of essays first published by the Jihad Watch platform of the David Horowitz Freedom Center. Dr. Kirby has elucidated the very direct conflicts between Islamic Law and the 1st, 2nd, 4th, 8th, 13th, and 14th Amendments to the Constitution. But one might ask, aren't all Members of Congress obligated to swear or affirm an oath to support that Constitution? So, how could a Muslim official take such an oath and yet remain true to both his faith and the Constitution he has pledged to uphold? As this book goes to print, the U.S. is heading into another presidential election year (2020). The sobering reality of what devout, faithful, observant Muslims actually believe and are bound to obey must be a factor in the responsibility of every citizen to be both informed and engaged in the political process. Dr. Kirby's scholarship in this regard could not possibly be more timely and is made of even more practical use by the 10th and final chapter in the book, where he proposes a number of considerations and possible questions for the American citizen who may want to attend a campaign event where a Muslim candidate will be available for Questions and Answers. The entire text of "Islamic Doctrine versus The U.S. Constitution: The Dilemma for Muslim Public Officials" may be thought of as a handbook for the citizen voter.
Download or read book The Principles of State and Government in Islam written by Muhammad Asad and published by Univ of California Press. This book was released on 2023-07-28 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1961.
Download or read book The Islamic Law and Constitution written by Syed Abul ʻAla Maudoodi and published by . This book was released on 1990 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Rule of Law Islam and Constitutional Politics in Egypt and Iran written by Saïd Amir Arjomand and published by State University of New York Press. This book was released on 2013-03-25 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, Egypt and Iran have been beset with demands for fundamental change. The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran draws together leading regional experts to provide a penetrating comparative analysis of the ways Islam is entangled with the process of democratization in authoritarian regimes. By comparing Islam and the rule of law in these two nations, one Sunni and Arab-speaking, the other Shi>ite and Persian-speaking, this volume enriches the current debate on Islam and democracy, making for a more nuanced understanding and appreciation of differences with the Muslim world, and provides an indispensible background for understanding the Green movement in Iran since 2009 and the Egyptian revolution of 2011
Download or read book Shariah written by William J. Boykin and published by Center for Security Policy. This book was released on 2010 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the result of months of analysis, discussion and drafting by a group of top security policy experts concerned with the preeminent totalitarian threat of our time: the legal-political-military doctrine known within Islam as "shariah." It is designed to provide a comprehensive and articulate "second opinion" on the official characterizations and assessments of this threat as put forth by the United States government. The authors, under the sponsorship of the Center for Security Policy, have modeled this work on an earlier "exercise in competitive analysis" which came to be known as the "Team B" Report. The present Team B II report is based entirely on unclassified, readily available sources. As with the original Team B analysis, however, this study challenges the assumptions underpinning the official line in the conflict with today's totalitarian threat, which is currently euphemistically described as "violent extremism," and the policies of co-existence, accommodation and submission that are rooted in those assumptions.
Download or read book Islamic Law and Constitution written by A. A. Maududi and published by . This book was released on 1955-06-01 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitution Writing Religion and Democracy written by Aslı Ü. Bâli and published by Cambridge University Press. This book was released on 2018-06-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
Download or read book Muslim Personal Law written by Tahir Mahmood and published by Vikas Publishing House Private. This book was released on 1977 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Application of Religious Law in U S Courts Selected Legal Issues written by and published by DIANE Publishing. This book was released on 2012 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Democracy under God written by Dawood Ahmed and published by Cambridge University Press. This book was released on 2023-02-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.
Download or read book The Islamization of the Law in Pakistan RLE Politics of Islam written by Rubya Mehdi and published by Routledge. This book was released on 2013-06-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a period of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book. First published in 1994.
