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Religious Pluralism and Islamic Law

Religious Pluralism and Islamic Law Author Anver M. Emon
ISBN-10 9780191637742
Release 2012-07-26
Pages 384
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The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.



Parental Care and the Best Interests of the Child in Muslim Countries

Parental Care and the Best Interests of the Child in Muslim Countries Author Nadjma Yassari
ISBN-10 9789462651746
Release 2017-04-21
Pages 353
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This book is the first analysis of parental care regimes in Muslim jurisdictions, both in a comparative and country-specific sense. It contains the proceedings of a workshop on Parental Care and the Best Interests of the Child in Muslim Countries that the Max Planck Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” hosted in Rabat, Morocco in April 2015. This workshop saw a total of 15 country reports presented on questions of custody, guardianship and their development within different Muslim jurisdictions (ranging from Indonesia to Morocco), a number of which are included in full in the book. Each of these country reports contains a historical perspective on the evolution of domestic rules regarding custody and guardianship, and on the introduction and development of the notion of the best interests of the child. Most importantly, the prevailing legal norms, both substantive and procedural, are explored and particular attention is given to legal practice and the role of the judiciary. In addition to a selection of country reports from the workshop, the volume includes two comparative analyses on questions of parental care in both public and private international law. With a high practical relevance for legal practitioners working in the area of cross-border custody disputes and the most up-to-date assessment of parental care regimes beyond a pure analysis of statutory law, this book combines a number of country reports authored by experts who have worked or are still based in the respective countries they are reporting on and thus contains in-depth discussions of legal practice and custody law in action. Nadjma Yassari is Director of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” while Lena- Maria Möller and Imen Gallala-Arndt are Senior Research Fellows at the Max Planck Institute for Comparative and International Private Law in Hamburg and the Max Planck Institute for Social Anthropology in Halle respectively.



Shari a Law and Modern Muslim Ethics

Shari a Law and Modern Muslim Ethics Author Robert W. Hefner
ISBN-10 9780253022608
Release 2016-08-29
Pages 312
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Many Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of shari`a law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.



Sharia and Social Engineering

Sharia and Social Engineering Author R. Michael Feener
ISBN-10 9780199678846
Release 2013-12
Pages 335
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Arguing for new consideration of calls for implementation of Islamic law as projects of future-oriented social transformation, this book presents a richly-textured critical overview of the day-to-day workings of one of the most complex experiments with the implementation of Islamic law in the contemporary world - that of post-tsunami Aceh.



Islamic Law and International Human Rights Law

Islamic Law and International Human Rights Law Author Anver M. Emon
ISBN-10 9780191645693
Release 2012-10-11
Pages 416
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The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.



Natural Law

Natural Law Author Anver M. Emon
ISBN-10 9780191016721
Release 2014-05-15
Pages 256
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This book is an examination of natural law doctrine, rooted in the classical writings of our respective three traditions: Jewish, Christian, and Islamic. Each of the authors provides an extensive essay reflecting on natural law doctrine in his tradition. Each of the authors also provides a thoughtful response to the essays of the other two authors. Readers will gain a sense for how natural law (or cognate terms) resonated with classical thinkers such as Maimonides, Origen, Augustine, al-Ghazali and numerous others. Readers will also be instructed in how the authors think that these sources can be mined for constructive reflection on natural law today. A key theme in each essay is how the particularity of the respective religious tradition is squared with the evident universality of natural law claims. The authors also explore how natural law doctrine functions in particular traditions for reflection upon the religious other.



Islamic and Jewish Legal Reasoning

Islamic and Jewish Legal Reasoning Author Anver Emon
ISBN-10 9781780748818
Release 2016-03-21
Pages 304
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By pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created. This new perspective not only provides a deeper understanding of the other’s legal tradition, but it also reveals new insights into the one’s own legal tradition, shedding light on what we had previously been too close to observe. Whether for the pursuit of advanced scholarship, pedagogic innovation in the classroom, or simply a greater appreciation of how to live in a multi-faith community, these encounters are richly-stimulating, demonstrating how legal tradition can be used as a common site for developing discussions and opening up diverse approaches to questions about law. Surrounded as we are by political, economic and social dilemmas, it offers a truly incisive model for considering the good, the right and the legal in our societies today. For a thoughtful but circumspect readership, Islamic and Jewish Legal Reasoning is essential.



Islam

Islam Author Nadia Marzouki
ISBN-10 9780231543927
Release 2017-04-04
Pages 272
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The practice of Islam in the United States, spanning more than a century, has a contentious history that has escalated over the past decade. Debates have raged over Islam’s articles of faith, especially within an American context, and its practitioners’ intent. Some characterize these arguments as a clash between a white, evangelical majority and a Muslim minority, or they see it as evidence of the divide between tolerant liberals and close-minded conservatives. Casting this conflict as a generic struggle between us and them, Nadia Marzouki argues, is a gross oversimplification of Islam’s development in America. In Islam: An American Religion, Marzouki investigates how Islam is lived, how it has changed, and how its identity has overlapped with American foreign policy toward the Muslim world. Revisiting the uproar over the construction of mosques, the perceived threat of encroaching Shar’ia law, and the overseas promotion of America’s secular democratic traditions, Marzouki finds that public tensions over Islam in the United States reflect more of the West’s ambivalence toward freedom of speech and political culture than the religion’s purported agenda. Her unbiased portrait highlights American Islam’s open outlook, which embodies and advances the core principles of the American political project.



The Dhimmi

The Dhimmi Author Bat Yeʼor
ISBN-10 9780838632338
Release 1985
Pages 444
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Examines the treatment of non-Arab people under the rule of the Muslims and collects historical documents related to this subject



Islamic Natural Law Theories

Islamic Natural Law Theories Author Anver M. Emon
ISBN-10 9780199579006
Release 2010-04-08
Pages 222
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This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.



Minority Rights in the Middle East

Minority Rights in the Middle East Author Joshua Castellino
ISBN-10 9780191668883
Release 2013-04-25
Pages 456
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Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.



The Myth of the Andalusian Paradise

The Myth of the Andalusian Paradise Author Darío Fernández-Morera
ISBN-10 9781504034692
Release 2016-02-09
Pages 288
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Scholars, journalists, and politicians uphold Muslim-ruled medieval Spain—“al-Andalus”—as a multicultural paradise, a place where Muslims, Christians, and Jews lived in harmony. There is only one problem with this widely accepted account: it is a myth. In this groundbreaking book, Northwestern University scholar Darío Fernández-Morera tells the full story of Islamic Spain. The Myth of the Andalusian Paradise shines light on hidden features of this medieval culture by drawing on an abundance of primary sources that scholars have ignored, as well as archaeological evidence only recently unearthed. This supposed beacon of peaceful coexistence began, of course, with the Islamic Caliphate’s conquest of Spain. Far from a land of tolerance, Islamic Spain was marked by religious and therefore cultural repression in all areas of life, and by the marginalization of Christians and other groups—all this in the service of social control by autocratic rulers and a class of religious authorities. As professors, politicians, and pundits continue to celebrate Islamic Spain for its “multiculturalism” and “diversity,” Fernández-Morera sets the record straight—showing that a politically useful myth is a myth nonetheless.



Land Law and Islam

Land  Law and Islam Author Hilary Lim
ISBN-10 9781848137202
Release 2013-07-18
Pages 256
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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.



The Orient in Spain

The Orient in Spain Author Fernando Rodríguez Mediano
ISBN-10 9789004250291
Release 2013-04-19
Pages 488
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The Spanish Orient offers a study of the Morisco minority in Early Modern Granada through the affair of the forged Arabic gospels found in the city at the end of 16th century. It connects the findings of this gospel with the origins of Orientalism.



Law and Empire

Law and Empire Author
ISBN-10 9789004249516
Release 2013-08-15
Pages 360
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Law and Empire relates the principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. It shows how legal procedure and legal thinking could be used in strikingly different ways.



What Everyone Needs to Know about Islam

What Everyone Needs to Know about Islam Author John L. Esposito
ISBN-10 9780199794232
Release 2011-07-01
Pages 288
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Since the terrorist attacks of September 11th, there has been an overwhelming demand for information about Islam, and recent events - the war in Iraq, terrorist attacks both failed and successful, debates throughout Europe over Islamic dress, and many others - have raised new questions in the minds of policymakers and the general public. This newly updated edition of What Everyone Needs to Know about Islam is the best single source for clearly presented, objective information about these new developments, and for answers to questions about the origin and traditions of Islam. Editor of The Oxford Encyclopedia of Modern Islam and The Oxford History of Islam, and author of The Future of Islam and many other acclaimed works, John L. Esposito is one of America's leading authorities on Islam. This brief and readable book remains the first place to look for up-to-date information on the faith, customs, and political beliefs of the more than one billion people who call themselves Muslims.



The Islamic Law of War

The Islamic Law of War Author A. Al-Dawoody
ISBN-10 9780230118089
Release 2011-03-28
Pages 338
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Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.