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Books > Law > Other areas of law > Islamic law
In Palestine, family law is a controversial topic publicly debated
by representatives of the state, Sharia establishment, and civil
society. Yet to date no such law exists. This book endeavors to
determine why by focusing on the conceptualization of gender and
analyzing "law in the making" and the shifts in debates
(2012-2018). In 2012, a ruling on khul'-divorce was issued by the
Sharia Court and was well received by civil society, but when the
debate shifted in 2018 to how to "harmonize" international law with
Islamic standards, the process came to a standstill. These
developments and the various power relations cannot be properly
understood without taking into consideration the terminology used
and redefined in these debates.
Pre-modern Western sources generally claim that European mercantile
communities in the Ottoman Empire enjoyed legal autonomy, and were
thus effectively immune to Ottoman justice. At the same time, they
report numerous disputes with Ottoman officials over jurisdiction
("avanias"), which seems to contradict this claim, the discrepancy
being considered proof of the capriciousness of the Ottoman legal
system. Modern studies of Ottoman-European relations in this period
have tended uncritically to accept this interpretation, which is
challenged in this book.
Taking the Arab Spring as its case study, this book explores the
role of law and constitutions during societal upheavals, and
critically evaluates the different trajectories they could follow
in a revolutionary setting. It urges a rethinking of major
categories in political, legal, and constitutional theory in light
of the Arab Spring. The book is a novel and comprehensive
examination of the constitutional order that preceded and followed
the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria,
Oman, and Bahrain. Drawing on a wide range of primary sources,
including an in-depth analysis of recent court rulings in several
Arab countries, the book illustrates the contradictory roles of law
and constitutions. The book also contrasts the Arab Spring with
other revolutionary situations and demonstrates how the Arab Spring
provides a laboratory for examining scholarly ideas about
revolutions, legitimacy, legality, continuity, popular sovereignty,
and constituent power. With a new preface from the author
addressing developments in the Arab Spring.
The discipline of 'principles of Islamic jurisprudence' ("usul
al-fiqh") constitutes the theoretical basis of Islamic law
("Shari'ah") and the indisputable foundation on which it is based.
One of the most important branches of "usul al-fiqh" is the study
of the usage of language. "Language and the Interpretation of
Islamic Law" is the first work to appear in the English language
dealing with this important aspect of Islamic law. Dr Sukri Husayn
Ramic gives us the background to the terminology used by the
different schools of Islamic law and then discusses the different
applications of language in legal reasoning and the interpretation
of Islamic law.
Since the Second World War, there has been a significant migration
of Muslims to countries in the Western world. Muslims in Non-Muslim
Land traces the process by which these migrants arrived in Western
Europe - in particular Britain - and explains how the community
developed its faith identity through three particular stances:
assimilation, isolation and integration. The findings argue that
the assumption that Islam causes Muslims to isolate from the
indigenous population and form a 'state within a state' is false
and that Islamic Law actually gives Muslims confidence and the
ability to integrate within the wider society. The theological view
that all non-Muslim lands are dar al-arb (domain of war) is
challenged, and the study shows that the traditional interpretive
model of Islamic Law inherently possesses the flexibility and
applicability to take into consideration minority-status of Muslims
in Britain. Muslims in Non-Muslim Land focuses on Islamic Law as
interpreted by the anafi Law school and highlights in detail the
multi-pronged and robust nature of its legal theory and subsequent
application. What is ground-breaking about Muslims in Non-Muslim
Lands is that it illustrates the ability of &anafi Law to deal
with contemporary issues in a wide range of subjects. It also
provides Muslims with ways of Islamically resolving medical,
financial and political concerns. The study concludes that Islamic
Law can facilitate the integration of Muslim minorities within
secular societies while allowing them to still remain true to their
faith.
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