The relationship between Islamic law and society is an important issue in Iran under the Islamic Republic. Although Islamic law was a pivotal element in the traditional Iranian society, no comprehensive research has been made until today. This is because modern reformers emphasized the lack of rule of law in nineteenth-century Iran. However, a legal system did exist, and Islamic law was a substantial part of it. This is the first book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society. The judicial system, sharia court, and religious endowments (vaqf) are fully discussed, and the role of 'ulama as legal experts is highlighted throughout the book. It challenges nationalist and modernist views on nineteenth-century Iran and provides a unique model in terms of the relationship between Islamic law and society, which is rather different from the Ottoman case. Providing an understanding of this legal system in Iran and its role in society, this book offers a basis for assessing the motives and results of modern reforms as well as the modernist discourse. This book will be of interest to students of Middle Eastern and Iranian Studies.

Governments often act in the name of security to protect their citizenries. For example by legislation or by the recruitment and employment of large numbers of armed personnel to detect and prosecute violent crime, or via engagements in military interventions to repel or pre-empt foreign attacks. These practices are often taken to have strong moral justifications. The value of security is linked to the value of life and the disvalue of violence and injury, and all of these are central both to theoretical accounts of and common sense views about the difference between right and wrong. The essays in this volume seek to increase our understanding of state action in the name of security and take a range of viewpoints and approaches. Some articles attempt to delimit the concept of security, or dispute attempted delimitations; some consider security as a 'good' and ask what sort of good it is, and how valuable; whilst others consider the relation between state action in the name of security and state action in the name of other goods, notably liberty, or consider ethical issues in health security, climate security and cybersecurity. Overall, this collection of essays shows how appeals by governments to the value of security have grown out of relatively recent events and processes at a global level, such as the response to pandemics, the acceleration of climate change, and counter-terrorism. The volume features an introductory essay and forms part of a five-volume series on legal ethics and the enforcement of law.

This in-depth study examines the relation between legal theory (usul al-fiqh) and speculative theology ('ilm al-kalam). It compares the legal theory of four classical jurists who belonged to the same school of law, the Shafi'i school, yet followed three different theological traditions. The aim of this comparison is to understand to what extent, and in what way, the theology of each jurist shaped his choices in legal theory.

This edited volume examines two recent Central European recodifications of civil law. The contributors present and discuss the regulation and the fundamental changes related to the new Civil Codes in each country. They also highlight the novelties and some of the issues of great debate of the new regulation. The papers investigate specific parts of the two Civil Codes. Coverage reviews default rules of legal persons and companies, key issues of the new regulations of property law, and the topic of intellectual property. The contributors also consider the law of obligation, unforeseeable changes in circumstances in contracts, family law and law of succession, and more. Hungary and Romania connect to each other by their special historical and cultural background, which serves as a solid basis of great cooperation. This volume shows how the two countries view civil law. It offers readers straightforward and practice-oriented knowledge on the subject.

Even though the development of competition law in the countries of the former Eastern bloc has been based to a significant extent on arrangements existing in the European Union - including the case law of European courts and various instruments developed by the European Commission - numerous substantial differences remain both in regulatory regimes and in ongoing practice among the various countries. This first-ever practical survey of competition law in this region describes applicable regimes in sixteen of these countries, with additional country chapters on Austria and Turkey and a chapter on the role of the Eurasian Economic Commission.

Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law - codified and adapted by modern nation-states - that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a ground-breaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women's rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women's groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights.

In a world where conventional interest-based finance is the dominant framework, Islamic banking faces many challenges. This text is the first to address different Islamic banking issues from both the researchers and practitioners' perspective across the world, reviewing their past experiences of Islamic banks.

A unique collection of studies, the present volume sheds new light on central themes of Ibn Taymiyya's (661/1263-728/1328) and Ibn Qayyim al-Jawziyya's (691/1292-751/1350) thought and the relevance of their ideas to diverse Muslim societies. Investigating their positions in Islamic theology, philosophy and law, the contributions discuss a wide range of subjects, e.g. law and order; the divine compulsion of human beings; the eternity of eschatological punishment; the treatment of Sufi terminology; and the proper Islamic attitude towards Christianity. Notably, a section of the book is dedicated to analyzing Ibn Taymiyya's struggle for and against reason as well as his image as a philosopher in contemporary Islamic thought. Several articles present the influential legacy of both thinkers in shaping an Islamic discourse facing the challenges of modernity. This volume will be especially useful for students and scholars of Islamic studies, philosophy, sociology, theology, and history of ideas.

* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples

"The Fatigue of the Shari'a" places on a continuum two kinds of debates: debates in the Islamic tradition about the end of access to divine guidance and debates in modern scholarship in Islamic legal studies about the end of the Shari'a. The resulting continuum covers what access to divine guidance means and how it relates to Shari'a, whether the end of this access is possible, and what should be done in this case. The study is based on textual analysis of medieval legal and theological texts as well as analysis of recent arguments about the death of the Shari'a.

Written with human resources professionals, in-house counsel and employment lawyers in mind, readers are introduced to the statistical analysis of adverse impact. Various tools for examining disparate impact are presented in a non-technical manner. Concrete examples and simple calculations demonstrate how these statistical tools can be applied to questions of adverse impact in hiring, promotion, and termination decisions.

Traditional areas of vulnerability to adverse impact are discussed, and some emerging areas with potential for adverse impact, such as the use of social media in recruiting and current employment status as a candidate screening tool, are presented. The underlying sources of vulnerability are explored and pending legislation is discussed. The importance of litigation avoidance is stressed, and suggestions for minimizing the risk of employment litigation with proactive statistical analysis are provided.

The goal is to give human resources professionals and legal counsel a better understanding of the information their statistical consultants are providing. This leads to an improved ability to identify and correct problem areas that may exist within the organization, as well as to prevent problems from arising in the future.

The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. Al-Qarafi's examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.

The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers. Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiss, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. White

This book offers a novel contribution to the study of post-Cold War European defence. Interdisciplinary in approach, it uses the insights of EU law to assess the utility of existing theoretical accounts of European defence cooperation.Dyson and Konstadinides link legal and IR scholarship to undertake a detailed exploration of the structural factors which facilitate and hinder closer cooperation in the field of defence. Exploring the explanatory power of Neorealism, they focus on the balance of threat as a driver of the European Common Security and Defence Policy (CSDP). This book critiques the assumption inherent in governance accounts of CSDP that a transition from the 'sovereign' to the 'functional' will be possible in this policy area.European Defence Cooperation in EU Law and IR Theory sheds new light on the factors underpinning the development of the CSDP and the potential for more extensive cooperation in trans-Atlantic relations. The capacity of legal analysis to provide important empirical insight and of international relations theory to enrich legal scholarship by contextualizing it within its political context, makes this book of great relevance to scholars from both disciplines.

A true story that reads like a novel set in war torn South Korea. This book reflects the best and the worst of our military and shows how political motives can impact those in command of the military. It exemplifies the expendability of the rank and file to advance the careers of the powerful.

The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm-the Dialectical Forge Model-to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated "proto-system" of juridical dialectical teaching and practice evident in Islam's second century, several generations before the first "full-system" treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitab Ikhtilaf al-'Iraqiyyin / 'Iraqiyyayn (the "subject-text") through a lens molded from 5th/11th century jadal-theory treatises (the "lens-texts"). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.

This collection brings together the work of some of the most prominent legal scholars and historians of Islam. The assembled articles cover a wide range of issues from debates over the Qur'anic text and issues of law to vibrant intellectual exchanges in philosophy and history. Taken together, these articles develop key inquiries surrounding Islamic law and tradition in unique ways. They also exemplify a critical development in the field of Islamic Studies over the last few decades: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments in classical Islam.

Employment Law in Contextis the perfect guide to the legal principles that students are likely to encounter on a day-to-day basis as a HR professional. Written by experienced HR practitioners and covering all aspects of the employment relationship from beginning to end, the book also provides invaluable guidance on how to apply the legal principles across a range of practical workplace scenarios.

In February 2018, the 'Independent Review on Sharia Law in England and Wales' was published headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and in particular whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women's activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate 'outside the sphere of law and legal relations' but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.

This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive's goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.