Introduction To Middle Eastern Law
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Author | : Chibli Mallat |
Publisher | : OUP Oxford |
Total Pages | : 2227 |
Release | : 2007-07-12 |
Genre | : Law |
ISBN | : 0191021725 |
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
Author | : Iza R. Hussin |
Publisher | : University of Chicago Press |
Total Pages | : 360 |
Release | : 2016-03-31 |
Genre | : Law |
ISBN | : 022632348X |
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Author | : Wael B. Hallaq |
Publisher | : Cambridge University Press |
Total Pages | : 209 |
Release | : 2009-07-09 |
Genre | : Law |
ISBN | : 1139489305 |
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.
Author | : Chibli Mallat |
Publisher | : Oxford University Press, USA |
Total Pages | : 484 |
Release | : 2007 |
Genre | : History |
ISBN | : 0199230498 |
Mapping out Middle Eastern law from its earliest records to the latest decisions of Middle Eastern high courts, Mallat focuses on the way legislators and courts conceive of law and apply it, and introduces its main sources and legal concepts in a manner accessible to the non-specialist legal scholar or practitioner.
Author | : Mashood A. Baderin |
Publisher | : Oxford University Press, USA |
Total Pages | : 177 |
Release | : 2021 |
Genre | : Islamic law |
ISBN | : 0199665591 |
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Author | : Noel Coulson |
Publisher | : Edinburgh University Press |
Total Pages | : 280 |
Release | : 2014-03-11 |
Genre | : Law |
ISBN | : 0748696490 |
The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Author | : Lena Salaymeh |
Publisher | : Cambridge University Press |
Total Pages | : 257 |
Release | : 2016-11-14 |
Genre | : History |
ISBN | : 1107133025 |
This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
Author | : Hassan Salih Khalilieh |
Publisher | : BRILL |
Total Pages | : 240 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9789004109551 |
This volume examines Islamic maritime law and practice of Muslim mariners during the classical period using Fatwa and Geniza sources. Maritime terminology, interrelationships of mariners, maritime commercial and military laws, territorial waters and the performance of Islamic religious duties at sea in the period are discussed.
Author | : Nadjma Yassari |
Publisher | : Routledge |
Total Pages | : 290 |
Release | : 2018-05-22 |
Genre | : |
ISBN | : 9781138605701 |
This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.
Author | : Ignaz Goldziher |
Publisher | : Princeton University Press |
Total Pages | : 318 |
Release | : 2021-05-11 |
Genre | : Religion |
ISBN | : 1400843510 |
The book description for the previously published "Introduction to Islamic Theology and Law" is not yet available.