Minor Marriage in Early Islamic Law

Minor Marriage in Early Islamic Law
Author: Carolyn Baugh
Publisher: BRILL
Total Pages: 273
Release: 2017-06-06
Genre: Law
ISBN: 9004344861

In Minor Marriage in Early Islamic Law, Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father’s right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the “consensus writers” of later centuries, each chapter brings new insights into a complex and enduring debate.

The Islamic Marriage Contract

The Islamic Marriage Contract
Author: Asifa Quraishi
Publisher: Harvard University Press
Total Pages: 390
Release: 2022-10-07
Genre: Law
ISBN: 0674292634

It is often said that marriage in Islamic law is a civil contract, not a sacrament. If this is so, this means that the marriage contract is largely governed by the same rules as other contracts, such as sale or hire. But at the same time marriage is a profound concern of the Islamic scriptures of Qur’an and Sunna, and thus at the very core of the law and morality of Islam and of the individual, familial, and social life of Muslims. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances (e.g., legal advice from thirteenth-century Spain); comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide. Demonstrating a new and powerful focus for comparative and historical inquiries into Islamic law and social practices, this book marks a fresh point of departure for the study of Muslim women.

The Hague Abduction Convention

The Hague Abduction Convention
Author: Jeremy D. Morley
Publisher:
Total Pages: 0
Release: 2016
Genre: Convention on the Civil Aspects of International Child Abduction
ISBN: 9781634255691

Handling Hague abduction cases is challenging and fulfilling. Although Hague cases are tried very quickly, they still require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete understanding of international child custody law in general and in particular, for U.S. practitioners, of the relationship between The Hague Convention and the Uniform Child Custody Jurisdiction & Enforcement Act. The Convention operates in the U.S. in ways that differ from those in other Hague countries. This is because of the federal legislation that implements the treaty, the concurrence of federal and state jurisdiction, the lack of a specialized group of judges who handle cases under the Convention, the uniform state legislation on child custody jurisdiction, and a host of other factors. When children are the subject of international family law disputes, the challenges are often great and emotions generally run high. Simply put, money can be divided but children cannot. This book is a must-have resource of any family law practitioner that wants to represent the best interests of his client and their heirs involved in a Hague case.

How Marriage Became One of the Sacraments

How Marriage Became One of the Sacraments
Author: Philip L. Reynolds
Publisher: Cambridge University Press
Total Pages: 1083
Release: 2016-06-30
Genre: Family & Relationships
ISBN: 1107146151

An indispensable guide to how marriage acquired the status of a sacrament. This book analyzes in detail how medieval theologians explained the place of matrimony in the church and her law, and how the bitter debates of the sixteenth century elevated the doctrine to a dogma of the Catholic faith.

Islamic Law and International Human Rights Law

Islamic Law and International Human Rights Law
Author: Anver M. Emon
Publisher: OUP Oxford
Total Pages: 416
Release: 2012-10-11
Genre: Law
ISBN: 0191645702

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.

The Theory of Contracts in Islamic Law:A Comparative Analysis with Particular Reference to Modern Legislation in Kuwait, Bahrain and the U. A. E.

The Theory of Contracts in Islamic Law:A Comparative Analysis with Particular Reference to Modern Legislation in Kuwait, Bahrain and the U. A. E.
Author: Susan E. Rayner
Publisher: Springer
Total Pages: 488
Release: 1991-11-25
Genre: Law
ISBN:

Since the discovery of oil in the Middle East an increasing number of important contracts must be framed in accordance with the Shari'a. Moreover various factors have helped to create among Muslims a more acute sense of an original Islamic identity & a collective feeling that Shari's should govern their lives not only with regard to personal & family matters but also as a valid & reasonable corpus of commercial & civil laws. The ban on taking interest (riba) & the rejection of chance contracts (gharar) are two features of an Islamic law of contract which contrast with the secular man-made legal systems of the West. This book is concerned with these two Islamic Prohibitory rules & with the interest-free banking system which has developed therefrom. This is a new enlarged edition where the comparative examination of the topics of the book is updated & furthermore extended to cover the Shi'a Ja'fari fiqh. As a result all aspects are examined in the light of the teachings of the four Sunni schools -which hold authority in the Arab states & in Pakistan -of the Ibadis strongly present in Oman & of the Shi'a Ja'faris prevalent in Iran & largely present in Iraq, Bahrein, Kuweit & Lebanon. The new edition will confirm the use of the initial one as a text book with a particular appeal to academics & practising lawyers. It also provides an insight into the religious & idealogical foundations claimed by Islamic banking.

Legal Documents as Sources for the History of Muslim Societies

Legal Documents as Sources for the History of Muslim Societies
Author:
Publisher: BRILL
Total Pages: 331
Release: 2017-06-06
Genre: Law
ISBN: 9004343733

This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.

The Muslim Diaspora (Volume 1, 570-1500)

The Muslim Diaspora (Volume 1, 570-1500)
Author: Everett Jenkins, Jr.
Publisher: McFarland
Total Pages: 438
Release: 2015-05-07
Genre: Religion
ISBN: 1476608881

This first volume covers the development of Islam in the period from the birth of Muhammad in C.E. 570 through 1500, during which Islam grew to dominate the area which has come to be known as the Middle East. Along with their religion, Muslims carried their culture, their goods, and their innovations to the far corners of the globe. Their contributions to Western civilization-such as new kinds of agriculture (irrigation, oranges, sugarcane, cotton), manufactured goods (satin, rugs, paper, perfumes), and technology (astrolabe, compass, lateen sail)--are set out in detail.

Doubt in Islamic Law

Doubt in Islamic Law
Author: Intisar A. Rabb
Publisher: Cambridge University Press
Total Pages: 431
Release: 2015
Genre: History
ISBN: 1107080991

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.