For over a thousand years, Muslim scholars worked to ensure that Islamic law was always fresh and vibrant, that it responded to the needs of an evolving Muslim community and served as a moral and spiritual compass. They did this by "hacking" Islamic law in accordance with changing times and contexts, diving into the interconnected Islamic legal tradition to recalibrate what was outdated, making some laws work better and more efficiently while leaving others undisturbed. These hacking skills made Islamic law both flexible and relevant so that it could meet the needs of a community with changing values while remaining true to its ancient roots. Today, the hacking process has stalled in the face of unprecedented structural challenges, and Islamic law has stagnated. This book is designed to revitalize the hacking tradition by getting readers involved in the process. It walks them through the ins and outs of Islamic legal change, vividly describing how Muslim scholars have met new and evolving challenges on topics as diverse as abolition, democracy, finance, gender, human rights, sexuality, and more. And it provides step-by-step instructions for readers to hack laws for themselves, so that through their engagement and creativity, they can help Islamic law regain its intrinsic vitality and resume its role as a forward-looking source for good in the world.

Marriage law in England and Wales is a historical relic which reflects a bygone age. Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion. This book provides the first accessible guide to how contemporary marriage law interacts with religion and identifies pressure points in relation to non-religious organisations and unregistered religious marriages. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for how the transformation of these laws can be achieved.

In a largely previously untold story, Melissa Milewski explores how, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits. Between 1865 and 1950, in almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gatekeepers, they displayed pragmatism and a savvy understanding of how to get whites on their side. They found that certain kinds of cases were much easier to gain whites' support for than others. But they also found that, in the kinds of civil cases that they could litigate in the highest courts of eight states, they were also surprisingly successful. In a tremendously restricted environment in which they were often shut out of other government institutions, seen as racially inferior, and segregated, African Americans found a way to fight for their rights in one of the only ways they could. This book examines how African Americans adapted and at times made a biased system work for them under enormous constraints. At the same time, it considers the limitations of working within a white-dominated system at a time of great racial discrimination, and the choices black litigants had to make to have their cases heard.

Die Vorstellungen von den Osmanen schwanken in ihren Nachbarlandern und uberhaupt im Abendland. Eingebettet in eine romanhafte Rahmenhandlung werden Geschichte, Soziologie und Psychologie der Osmanen des 18. Jahrhunderts vor ihrer zunehmenden Verwestlichung im 19. Jahrhundert dargestellt und zeigen ein Selbstverstandnis, das in abgewandelter Form vor allem auch heute noch nachschwingt. Insgesamt vermitteln sie einen verstandnisvolleren Blick in die Entwicklung des Islam.

Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries, and considers juristic responses to the various terror-inducing strategies employed by rebels--including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contempoary practices. This is an important and challenging book which sheds light on the complexities of Islamic law, and pre-modern attitudes to dissidence and rebellion.

This book provides an accessible and informed outline of the law relating to counselling and psychotherapy, for use by trainees, therapists, trainers, supervisors and managers. At a time when concerns about record keeping, confidentiality and litigation are rising, this book provides an essential and user-friendly point of reference for practitioners. Based on a question and answer format, the book covers key areas such as legal context of therapy, liability, data protection, training, research and supervision.

In this way, the book addresses the very real practice concerns now facing therapists, such as implications of keeping records, using contracts, and facing complaint or legal action. Limits of confidentiality are covered, with regard to child abuse, duty to warn others and working with clients who self-harm or use drugs. This is an essential source for reference and professional updating, written by three experts in the field.

This detailed, practitioner text, explains national security law in all its aspects. It collates and explains the core elements of the law, both substantive and procedural, and the practical issues which may arise in national security litigation. The book draws on the professional experience of a team of expert contributors. The first part explores the meaning of "national security", examines the respective roles in this area of Parliament, the executive and the courts, and explains the law relating to the security and intelligence agencies, their powers and oversight. The core of the book addresses the various executive measures used to disrupt terrorism, espionage and other hostile state activity, usually on the basis of secret intelligence, and the civil proceedings that may result from executive action taken for the national security purposes. The third part addresses national security and the criminal law. The remaining chapters address national security law in such diverse contexts as inquests, inquiries, employment, vetting, family, freedom of information, and data protection proceedings. National security law is now of relevance to a wide range of practising lawyers, judges, legislators, policymakers, oversight bodies, and academic experts working in a variety of legal fields well beyond public law. The highly-specialised nature of the topic make this book a vital text not only for those seeking an overview of the law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases will also make this book of interest to a wider audience seeking to understand the legal context of such cases.

Employee relations, food and liquor liability, partron civil rights, and federal regulations are all subjects that concern hospitality operators, who know that preventing legal problems is the best way to keep profits from being siphoned off by expensive legal hassles. This book gives readers an opportunity to look at hospitality operations from a legal standpoint and to develop management strategies to prevent legal problems.

The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.

In der Geografie, als einer Leitwissenschaft in Sachen "Landschaft", definiert man aktuell Stadtelandschaften als massstablich und raumlich ganz unterschiedliche Ebenen. Diese lassen sich auf einzelne Stadte, auf bestimmte Stadtregionen und selbst auf Metropolregionen oder die seit 1918 eingefuhrte Megalopolis projizieren. Historiker verstehen unter einer "Stadtelandschaft" meist ein Gebiet mittlerer Groessenordnung mit unterschiedlich starker Urbanisierung, wobei in der "Stadtlandschaft" Stadte und Markte, Burger und Handler im umschriebenen Raum zwangslaufig eine dominierende Rolle spielen. Der interterritoriale Vergleich fuhrt uns einerseits hinaus in die Welt der europaischen Urbanitat, andererseits liegt ein deutlicher Fokus auf den grossen wie kleinen Stadten Suddeutschlands. In Farbe und Ausfuhrlichkeit analysieren die Autoren dort die Stadtkultur vom Mittelalter bis zur Moderne. Politische, soziale und oekonomische Netzwerke werden ebenso behandelt wie spannende interstadtische Bezuge durch Reisende, Gelehrsamkeit, Schulen, Literatur oder Musik. Teildisziplinen wie die Historische Ortsnamenforschung runden das Bild ab.

This book focuses on the tactics and strategies used in business-to-business contract negotiations. In addition to outlining general negotiation concepts, techniques and tools, it provides insight into relevant framework conditions, underlying mechanisms and also presents generally occurring terms and problems. Moreover, different negotiating styles are illustrated using an exemplary presentation of negotiation peculiarities in China, the USA and Germany. The presented tactics and strategies combine interdisciplinary psychological and economic knowledge as well as findings from the field of communication science. The application scope of these tactics and strategies covers business-to-business negotiations as well as company-internal negotiations. The fact that this book does not necessarily stipulate any prior knowledge of the subject of negotiations also makes it highly suitable for nonprofessionals with a pronounced interested in negotiations. Nonetheless, it provides proficient negotiators with a deeper understanding for situations experienced in negotiations. This book also helps practioners to identify underlying mechanisms and on this basis sustainably improve their negotiation skills.

Am 15. September 1680 fand die feierliche Translation der Reliquien der Katakombenheiligen Sergius, Bacchus, Hyacinthus und Erasmus im Kloster St. Gallen statt. Als Director musicae bekam der Stiftsorganist Pater Valentin Muller (Molitor) die Aufgabe, die Musik fur die Feier zu verfassen. 1681 wurde ein Teil des dafur komponierten Repertoires unter dem Titel Missa una cum tribus Mottetis in Solemni Translatione SS. MM. Sergii, Bacchi, Hyacinthi et Erasmi ab octo vocibus concertantibus, et 7. Instrumentis, sed tantium quatuor necessariis in Monasterio S. Galli decantata herausgegeben. Der im Kloster St. Gallen produzierte Musikdruck enthalt ein vollstandiges Ordinarium missae (Kyrie, Gloria, Credo, Sanctus und Agnus Dei) sowie drei Motetten. Grandios ist die aufwendige Besetzung mit zwei vierstimmigen Choeren sowie einem reichen, dem Festcharakter angemessenen Instrumentarium. Die Musik stellt damit ein wertvolles Zeugnis des benediktinischen Musikrepertoires dar, wie es im Kloster St. Gallen in der zweiten Halfte des 17. Jahrhunderts gepflegt wurde. Der vorliegende Band enthalt die vollstandige kritische Ausgabe der 1681 erschienenen Werke von Pater Valentin Muller (Molitor) sowie eine historische Einleitung.

Shu'ayb al-'Arna'ut war ein zeitgenoessischer Hadith-Gelehrter, der einen grossen Teil des Hadith-Kanons und daruber hinaus klassifiziert hat. In diesem Band wird zum ersten Mal seine Methodologie vorgestellt. Anhand einer komparativen Analyse wird ein exemplarischer Korpus von Hadithen untersucht, um die Charakteristika der Methodologie von al-'Arna'ut feststellen zu koennen. Zudem werden seine Beurteilungen von Hadithen mit denen von al-Tahanawi und al-'Albani verglichen. Die Autorin zeigt in diesem Buch auf, wie zeitgenoessische Hadith-Gelehrte mit den Erkenntnissen fruherer Gelehrter umgehen, welche Herausforderungen und neuen Entwicklungen dabei entstanden sind.

This book contains selected contributions presented during the workshop "Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?", which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one's father's name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established - be it by operation of the law, by the parties' exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular - and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group "Changes in God's Law: An Inner-Islamic Comparison of Family and Succession Law" at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Moeller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).

This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the "legal system development support" that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan's support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.

This book provides a comprehensive analysis of Waqf management and its impact on socio-economic development, specifically financial inclusion and sustainable development as well as of the legal issues in Waqf management in IsDB member countries and jurisdictions. It explores various aspects of Waqf management in IsDB member countries/jurisdictions as well as in non-Muslim majority countries such as Waqf regulation, its modernization, and relationship to Maqasid Al-Shari'ah; performance of Waqf activities; time and activity-wise distribution of Waqf resource management; the antecedents and consequences of Waqf assets (both physical and cash); the strategies and models to promote Waqf related activities for greater socio-economic development; good governance practices through the formulation of informed policies for Waqf projects, among others. Comprising different issues and perspectives adopted by various researchers, the work is specifically designed to meet the needs of academics and industry practitioners in the field of Islamic finance.

Comprehensive Business Law uses real-life court cases combined with a wealth of strong supporting material to educate readers about key legal principles in the area of business law. The text introduces students to the history and structure of the United States legal system. Readers learn about court procedures as well as alternative forms of dispute resolution such as negotiation, mediation, and arbitration. Dedicated chapters cover tort law, intellectual property law, constitutional law, criminal law, contract law, property law, consumer law, employment law, bankruptcy law, business entity law, and environmental law. Each chapter includes learning objectives, brief excerpts from real-world cases, essay questions, vocabulary, discussion questions, and comprehensive problems. The third edition has been fully updated to reflect changes to the law since the previous edition, as well as new examples of key concepts and cases.

This book examines the cultural origins of Islamic law. Some authorities stress the importance of the contribution of Roman law; others that of Arabian law. Most are agreed that Jewish law contributed, but not explained further. Dr Crone tests the Roman hypothesis with reference to one institution, the patronate, which does indeed appear to owe something to Roman law. He concludes that Roman law contributed only in so far as it was part and parcel of the rather different legal practice of the Near Eastern provinces, and that provincial law would repay further consideration by legal historians.

This book explores the various aspects of Waqf management in IsDB member countries/jurisdictions as well as in non-Muslim majority countries. Topics covered include Waqf regulation, its modernization and relationship to Maqasid Al-Shari'ah; performance of Waqf activities; time and activity-wise distribution of Waqf resource management; the antecedents and consequences of Waqf assets (both physical and cash); the strategies and models to promote Waqf-related activities for greater socio-economic development; good governance practices through the formulation of informed policies for Waqf projects; the confluence of Waqf, zakah, charity, and Islamic microfinance impacting socio-economic development and so on. Comprising different issues and perspectives adopted by various authors/researchers, the book is specifically designed to meet the needs of academics and industry practitioners in the field of Islamic finance to provide general and Shari'ah guidelines on the emerging issues within the subject.

Today's discussions on Islam and the place religion should have in society often lead to questions about the Shari'a - Islamic law. Those who work for a political role for Islam demand that the Shari'a must be applied in their country, while those critical of Islam use the law as proof of its 'medieval' character. Islam is sometimes, not quite justly, called a 'religion of rules', and the rules of Islam are the Shari'a. But it is often hard to establish the exact nature of this law in more practical terms. Asking those who favour it or those who oppose it may only lead to greater confusion. But a rule and its exact opposite can both be said to be 'what the Shari'a says' and what God demands of the believer. It may even be questioned if there is any Shari'a at all in the work-a-day world, or whether it is just an ethical ideal, or a body whose secrets are known only to God. At the same time people may be stoned or mutilated in the name of this law. The key to understanding Shari'a is the concept of 'religious law', a term which might seem contradictory. 'Religion' is faith in a non-material force of some kind, and something we consider internal to the human soul. 'Law', on the other hand, is external to us, established by society in order to regulate the material needs of the community. The contrast between 'religion' and 'law' has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state - the 'sultan' - representing society and implementing the law. This tension and dynamic have created a very particular history for the law - in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practised in historical reality from the time of its formation till today. That is the main theme of the book. Knut S. Vikor aims in this book to introduce the development and practice of Islamic law to a wide readership: students, lawyers and the growing number of those interested in Islamic civilisation. He summarises the main concepts of Islamic jurisprudence, discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.

Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries, and considers juristic responses to the various terror-inducing strategies employed by rebels--including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contempoary practices. This is an important and challenging book which sheds light on the complexities of Islamic law, and pre-modern attitudes to dissidence and rebellion.