The Law Of The Near And Middle East
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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 | : Herbert J. Liebesny |
| Publisher | : SUNY Press |
| Total Pages | : 330 |
| Release | : 1975-01-01 |
| Genre | : Law |
| ISBN | : 9780873952569 |
A systematic survey of fundamental statements of Islamic and Near Eastern law that includes selections from the writings of classic Islamic scholars, contemporary works on legal theory, and modern Middle Eastern codes. No other accessible work brings together so many useful materials on the development of Islamic law, as does this volume based on translations from a variety of languages and numerous sources, all of which are identified. Because of the important role which law plays in Islamic culture, some acquaintance with legal developments is indispensible if one is to gain a rounded picture of Islamic culture.
| Author | : Raymond Westbrook |
| Publisher | : BRILL |
| Total Pages | : 1235 |
| Release | : 2003-08-01 |
| Genre | : History |
| ISBN | : 904740209X |
The first comprehensive survey of the world's oldest known legal systems, this collaborative work of twenty-two scholars covers over 3,000 years of legal history of the Ancient Near East. Each of the book's chapters represents a review of the law of a particular period and region, e.g. the Egyptian Old Kingdom, by a specialist in that area. Within each chapter, the material is organized under standardized legal categories (e.g. constitutional law, family law) that make for easy cross-referencing. The chapters are arranged chronologically by millennium and within each millennium by the three major politico-cultural spheres of the region: Egypt, Mesopotamia, and Anatolia and the Levant. An introduction by the editor discusses the general character of Ancient Near Eastern Law.
| Author | : Nayla Comair-Obeid |
| Publisher | : Springer |
| Total Pages | : 262 |
| Release | : 1996-05-22 |
| Genre | : Law |
| ISBN | : |
This book is a basic treatise for those practising and arbitrating in the legal and commercial aspects of business in Middle East Countries. It examines the influence of traditional Islamic law on modern legislation as it affects trade, contracting, banking and financial operations. This book is highly topical and serves the needs of academics, of legal practitioners and of contractors.
| Author | : Noura Erakat |
| Publisher | : Stanford University Press |
| Total Pages | : 405 |
| Release | : 2019-04-23 |
| Genre | : History |
| ISBN | : 1503608832 |
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
| Author | : Jean Allain |
| Publisher | : Routledge |
| Total Pages | : 656 |
| Release | : 2017-10-24 |
| Genre | : Law |
| ISBN | : 1351926772 |
Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.
| Author | : Majid Khadduri |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 416 |
| Release | : 2008 |
| Genre | : Islamic law |
| ISBN | : 1584778644 |
The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.
| Author | : Majid Khadduri |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 9781616191177 |
Reprint of first and only edition. Originally published: Washington, D.C.: Middle East Institute, 1955. xviii, 395 pp. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. Reprint of Volume 1 [all published]. "The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will." Robert H. Jackson, Foreword, viii-ix. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam. Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.
| Author | : Nathan J. Brown |
| Publisher | : Cambridge University Press |
| Total Pages | : 284 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9780521030687 |
Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses important questions about the nature of Egypt's judicial system and the reasons why such a system appeals to Arab rulers outside Egypt. From the theoretical perspective, it also contributes to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be widely read by scholars of the Middle East, students of law and colonial historians.
| Author | : Damilola S. Olawuyi |
| Publisher | : Routledge |
| Total Pages | : 230 |
| Release | : 2021-07-28 |
| Genre | : Science |
| ISBN | : 1000423077 |
Climate Change Law and Policy in the Middle East and North Africa Region provides an in-depth and authoritative examination of the guiding principles of climate change law and policy in the MENA region. This volume introduces readers to the latest developments in the regulation of climate change across the region, including the applicable legislation, institutions, and key legal innovations in climate change financing, infrastructure development, and education. It outlines participatory and bottom-up legal strategies—focusing on transparency, accountability, gender justice, and other human rights safeguards—needed to achieve greater coherence and coordination in the design, approval, financing, and implementation of climate response projects across the region. With contributions from a range of experts in the field, the collection reflects on how MENA countries can advance existing national strategies around climate change, green economy, and low carbon futures through clear and comprehensive legislation. Taking an international and comparative approach, this book will be of great interest to students, scholars, and practitioners who work in the areas of climate change, environmental law and policy, and sustainable development, particularly in relation to the MENA region.
