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Books > Law > Other areas of law > Islamic law
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.
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.
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