Download or read book The Anthropology of Justice written by Lawrence Rosen and published by Cambridge University Press. This book was released on 1989-06-15 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
Download or read book Values in Islamic Culture and the Experience of History written by N. S. Kirabaev and published by CRVP. This book was released on 2002 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Qur n s Legal Culture written by Holger Michael Zellentin and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Qur'ān, emphasizing ritual purity and the role of Jesus as giver of God's positive law, preserves aspects of an earlier Jesus movement that most Christian groups diluted or rejected. The Didascalia Apostolorum, a late ancient church order, records a significant number of the laws promulgated in the Qur'ān, but does not fully endorse them when it comes to purity. Likewise, the Didascalia' legal narratives about the Israelites and about Jesus, as well as the legal and theological vocabulary of the Syriac (Eastern Christian Aramaic) version of the Didascalia, recurrently show kinship with the Arabic Qur'ān, amplifying the apparent affinities between the two texts. The Qur'ān, however, is not "based" on the Didascalia in any direct way; detailed comparison of the two documents illustrates the absence of textual influence in either direction. Both texts should rather be read against the background of the practices and the oral discourse shared by their respective audiences: a common legal culture.
Download or read book Judicial Culture in Islam written by Shahid Ashraf and published by . This book was released on 2006 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Origins of Islamic Law written by Yasin Dutton and published by Routledge. This book was released on 1999 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.
Download or read book Legal Culture of Islam written by Shahid Ashraf and published by . This book was released on 2006-01-01 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lawyers and Legal Culture in British North America written by Philip Girard and published by University of Toronto Press. This book was released on 2011-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: From award-winning biographer Philip Girard, Lawyers and Legal Culture in British North America is the first history of the legal profession in Canada to emphasize its cross-provincial similarities and its deep roots in the colonial period. Girard details how nineteenth-century British North American lawyers created a distinctive Canadian template for the profession by combining the strong collective governance of the English tradition with the high degree of creativity and client responsiveness characteristic of U.S. lawyers a mix that forms the basis of the legal profession in Canada today. Girard provides a unique window on the interconnections between lawyers' roles as community leaders and as legal professionals. Centred on one pre-Confederation lawyer whose career epitomizes the trends of his day, Beamish Murdoch (1800-1876), Lawyers and Legal Culture in British North America makes an important and compelling contribution to Canadian legal history.
Download or read book Islamic Law and Society written by Emine Enise Yakar and published by Routledge. This book was released on 2021-09-30 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Download or read book Islamic Culture Through Jewish Eyes written by Esperanza Alfonso and published by Routledge. This book was released on 2007-11-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines Jewish views towards Islam and Muslims in Al-Andalus during the early Middle Ages.
Download or read book Shared Identities written by Aaron W. Hughes and published by Oxford University Press. This book was released on 2017-08-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Received opinion imagines Judaism and Islam as two distinct religions interacting in the centuries following the death of Muhammad in the early seventh century. Tradition describes the relations between the two groups using such tropes as "symbiosis." In this revisionist work, Aaron W. Hughes instead argues that various porous and marginal groups-neither fully Muslim nor fully Jewish-exploited a shared terminology to make sense of their social worlds in response to the rapid process of Islamicization. What emerged as normative rabbinic Judaism on the one hand, and Sunni and ShiEven the spread of rabbinic Judaism, especially at the hands of Saadya Gaon (882-942 CE), was articulated Islamically. In the so-called "Golden Age" that emerged in places like Muslim Spain and North Africa, this "Islamic" Judaism could still be found in the writings of luminaires such as Bahya ibn Paquda, Abraham ibn Ezra, Judah Halevi, and Moses Maimonides. Drawing on social theory, comparative religion, and the analysis of original sources, Hughes presents a compelling case for rewriting our understanding of Jews and Muslims in their earliest centuries of interaction. Not content to remain solely in the past, Shared Identities examines the continued interaction of Muslims and Jews, now reimagined as Palestinians and Israelis, into the present.
Download or read book Arabic Culture written by M.H. Bakalla and published by Taylor & Francis. This book was released on 2023-05-31 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1981 and this edition in 1984, Arabic Culture: Through its Language and Literature aims to present a bird’s eye view of its subject. It is intended for non-specialist student of Arabic, especially those who have not yet mastered the language and are therefore not able to read about Arabic literature in its original sources. It covers the linguistic origins of Arabic dialects and history and includes chapters on Arab linguistic scholarship and the development of the Arabic script. It also deals with all aspects of Arabic literature, from pre-Islamic poetry to major Arab literary figures, from the Arabian Nights to modern Arab Poetesses, from proverbs to literary criticism.
Download or read book Female Power and Religious Change in the Medieval Near East written by Uriel Simonsohn and published by Oxford University Press. This book was released on 2023-02-21 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Female Power and Religious Change in the Medieval Near East engages with two levels of scholarly discussion that are all too often dealt with separately in modern scholarship: the Islamization of the Near East and the place of women in pre-modern Near Eastern societies. It outlines how these two lines of inquiry can and should be read in an integrative manner. Major historical themes such as conversion to Islam, Islamization, religious violence, and the regulation of Muslim/non-Muslim ties are addressed and reframed by attending to the relatively hidden, yet highly meaningful, role that women played throughout this period. This book is about the history of Islam from the perspective of female social agents. It argues that irrespective of their religious affiliation, women possessed crucial means for affecting or hindering religious changes, not only in the form of religious conversion, but also in the adoption of practices and the delineation of communal boundaries. Its focus on the role and significance of female power in moments of religious change within family households offers a historical angle that has hitherto been relatively absent from modern scholarship. Rather than locating signs of female autonomy or authority in the political, intellectual, religious, or economic spheres, Female Power and Religious Change in the Medieval Near East is concerned with the capacity of women to affect religious communal affiliations thanks to their kinship ties.
Download or read book A New Anthropology of Islam written by John R. Bowen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerful, accessible new study explores the contributions that anthropology has made to the study and understanding of Islam.
Download or read book Medicines of the Soul written by Fedwa Malti-Douglas and published by Univ of California Press. This book was released on 2001-03 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, the autobiographical writings of three leading women in today's Islamic revival movement reveal dramatic stories of religious transformation.
Download or read book Encyclopedia of Women and Islamic Cultures written by Suad Joseph and published by BRILL. This book was released on 2003 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.
Download or read book Women and Islamic Cultures written by and published by BRILL. This book was released on 2013-10-31 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first decade of the 21st century witnessed an explosion in scholarly and public interest in women and Islamic cultures, globally. From misguided media representations, to politically motivated state manipulations, to agenda-driven Islamist movements, to feminist and international NGO projects – the subject and image of Muslim women has become iconic and riveting. This volume unpacks the representations, motivations, agendas, and projects by focusing on the advances in scholarly research on women and Islamic cultures in the first decade of the 21st century. The editors of the pioneering Encyclopedia of Women and Islamic Cultures bring together leading scholars, discipline by discipline, to critically analyze state of the art research on women and Islamic cultures from 2003-2013. Editors for this volume include Suad Joseph, Marilyn Booth, Bahar Davary, Hoda Elsadda, Sarah Gualtieri, Virginia Hooker, Amira Jarmakani, Therese Saliba, and Elora Shehabuddin. Contributors include Suad Joseph, Azza Basarudin, Heghnar Zeitlian Watenpaugh, Amira Jarmakani, Sajeda Amin, Kamran Rastegar, Robina Mohammad, Annika Rabo, Ahmed Ragab, Vannessa Hearman, Bahar Davary, Michelle Hartman, Hoda Elsadda, Nerina Rustomji, Amaney Jamal, Vickie Langohr, Hania Sholkamy, Zayn Kassam, Rachel Rinaldo, Samar Habib.
