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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.
This wide-ranging, geographically ambitious book tells the story of
the Arab diaspora within the context of British and Dutch
colonialism, unpacking the community's ambiguous embrace of
European colonial authority in Southeast Asia. In Fluid
Jurisdictions, Nurfadzilah Yahaya looks at colonial legal
infrastructure and discusses how it impacted, and was impacted by,
Islam and ethnicity. But more important, she follows the actors who
used this framework to advance their particular interests. Yahaya
explains why Arab minorities in the region helped to fuel the
entrenchment of European colonial legalities: their itinerant lives
made institutional records necessary. Securely stored in
centralized repositories, such records could be presented as
evidence in legal disputes. To ensure accountability down the line,
Arab merchants valued notarial attestation land deeds, inheritance
papers, and marriage certificates by recognized state officials.
Colonial subjects continually played one jurisdiction against
another, sometimes preferring that colonial legal authorities
administer Islamic law-even against fellow Muslims. Fluid
Jurisdictions draws on lively material from multiple international
archives to demonstrate the interplay between colonial projections
of order and their realities, Arab navigation of legally plural
systems in Southeast Asia and beyond, and the fraught and deeply
human struggles that played out between family, religious,
contract, and commercial legal orders.
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.
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.
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