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.

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible.
In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them.
By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.

This book introduces the press release work carried out by Ministry of Ecology and Environment of the People's Republic of China in 2019. It is divided into four parts, each arranged chronologically. The first part contains the records of Li Ganjie, Minister of the Ministry of Ecology and Environment, who attended the press conference on "Promoting Ecological Civilization and Building a Beautiful China". The second part contains the records of Minister Li Ganjie's attendance at the press conference of the National People's Congress and the Chinese Political Consultative Conference as well as the "Minister channel". The third part contains the records of four press conferences on ecological and environmental protection held by the State Council Information Office of the People's Republic of China. The fourth part contains the records of 12 regular press conferences held by the Ministry of Ecology and Environment.

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.

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.

This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author's experiences as an adviser to Cluster Munitions Coalition-Austria.

Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner's perspective to a scholarly work.

In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, "Global Claims in Construction" highlights these issues as well as the importance of understanding causation, factual necessity and the courts' attitude and approach to global claims.
"Global Claims in Construction" addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering."

Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.

This book contributes to an understanding of the dynamic complexities involved in the design of e-justice applications that enable online trans-border judicial proceedings in Europe. It provides answers to critical questions with practical relevance: How should online trans-border judicial proceedings be designed in order to deliver effective and timely justice to European citizens, businesses and public agencies? How can the circulation of judicial agency across Europe be facilitated? Based on extensive research, the book explores and assesses the complex entanglements between law and technology, and between national and European jurisdictions that emerge when developing even relatively simple e-services such as those supporting the European small claims procedure and European payment orders. In addition to providing a strong theoretical framework and an innovative approach to e-justice design, this book includes case studies that are based on a common methodology and theoretical framework. It presents original empirical material on the development of e-government systems in the area of European justice. Finally, it introduces the design strategies of Maximum Feasible Simplicity and Maximum Manageable Complexity and, based on them, it proposes architectural and procedural solutions to enhance the circulation of judicial agency.

Methodologies and legislative frameworks regarding the archaeological excavation, retrieval, analysis, curation and potential reburial of human skeletal remains differ throughout the world. As work forces have become increasingly mobile and international research collaborations are steadily increasing, the need for a more comprehensive understanding of different national research traditions, methodologies and legislative structures within the academic and commercial sector of physical anthropology has arisen. The Routledge Handbook of Archaeological Human Remains and Legislation provides comprehensive information on the excavation of archaeological human remains and the law through 62 individual country contributions from Europe, Asia, Africa, North America, South America and Australasia. More specifically, the volume discusses the following: What is the current situation (including a brief history) of physical anthropology in the country? What happens on discovering human remains (who is notified, etc.)? What is the current legislation regarding the excavation of archaeological human skeletal remains? Is a license needed to excavate human remains? Is there any specific legislation regarding excavation in churchyards? Any specific legislation regarding war graves? Are physical anthropologists involved in the excavation process? Where is the cut-off point between forensic and archaeological human remains (e.g. 100 years, 50 years, 25 years...)? Can human remains be transported abroad for research purposes? What methods of anthropological analysis are mostly used in the country? Are there any methods created in that country which are population-specific? Are there particular ethical issues that need to be considered when excavating human remains, such as religious groups or tribal groups? In addition, an overview of landmark anthropological studies and important collections are provided where appropriate. The entries are contained by an introductory chapter by the editors which establish the objectives and structure of the book, setting it within a wider archaeological framework, and a conclusion which explores the current European and world-wide trends and perspectives in the study of archaeological human remains. The Routledge Handbook of Archaeological Human Remains and Legislation makes a timely, much-needed contribution to the field of physical anthropology and is unique as it combines information on the excavation of human remains and the legislation that guides it, alongside information on the current state of physical anthropology across several continents. It is an indispensible tool for archaeologists involved in the excavation of human remains around the world.

Islamic law is a legal tradition entrenched within a religious context; it is one of the most intriguing and fascinating areas of Islamic Studies. Many practitioners of Islam believe that their lives should be governed by a divinely revealed and sanctioned form of law that affects every aspect of their daily routines. Thus, whether it be a conventional religious act such as prayer, a customary practice such as marriage, or commercial activities such as trade, all these activities are determined by their legal validity within the Islamic law. Islamic law has developed over many centuries of juristic effort into a subtle, complex, and highly developed reality. Thus, Islamic law, like any other, has its 'sources' (al-masadir); it also has its 'guiding principles' (al-usul) that dictate the nature of its 'evidence' (al-adilla); it equally employs the use of 'legal maxims' (al-qawa'id) and utilizes a number of underlying 'objectives' (al-maqasid) to underpin the structure of its legal theory. Volume I of this new Routledge collection brings together the best scholarship to detail the origins and sources of Islamic law. The materials in Volume II, meanwhile, examine the genesis of schools of law, their utilization of specific juristic methodologies, and their development of legal theory. Volume III focuses on the consolidation and stagnation of Islamic law in the medieval period, since although the development of the schools and a number of competing legal theories played a huge role in the codification of Islamic law, at the same time the competitive nature of such methodologies led to divisiveness because of strict adherence to a specific school. The final volume in the collection examines Islamic law today, and the challenges of living in a modern, technologically advanced world. Supplemented with a full index, Islamic Law includes a comprehensive introduction newly written by the editor which places the collected material in its historical and intellectual context. It is certain to be valued as a vital research resource.

This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state's international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE's diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.

Melodie H. EICHBAUER is Professor of Medieval History at Florida Gulf Coast University, USA. She is the editor of A Cultural History of Genocide, Vol. 2: The Middle Ages (2021) and The Use of Canon Law in Ecclesiastical Administration, 1000-1250 (2018) with Danica Summerlin and other volumes. Her research focuses on the dissemination of legal knowledge; the interpretation of law; and the ways in which social, political, and intellectual developments and trends shaped both between c.1000 and c.1500 James A BRUNDAGE (1929-2021) was Professor Emeritus of history and, prior to his retirement, Ahmanson-Murphy chair of medieval European history at the University of Kansas, USA. His publications included The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts (2008), Handbook of Medieval Sexuality (1996) edited with Vern L. Bullough, and Law, Sex, and Christian Society in Medieval Europe (1987).

Melodie H. EICHBAUER is Professor of Medieval History at Florida Gulf Coast University, USA. She is the editor of A Cultural History of Genocide, Vol. 2: The Middle Ages (2021) and The Use of Canon Law in Ecclesiastical Administration, 1000-1250 (2018) with Danica Summerlin and other volumes. Her research focuses on the dissemination of legal knowledge; the interpretation of law; and the ways in which social, political, and intellectual developments and trends shaped both between c.1000 and c.1500 James A BRUNDAGE (1929-2021) was Professor Emeritus of history and, prior to his retirement, Ahmanson-Murphy chair of medieval European history at the University of Kansas, USA. His publications included The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts (2008), Handbook of Medieval Sexuality (1996) edited with Vern L. Bullough, and Law, Sex, and Christian Society in Medieval Europe (1987).

* Translation of a prestigious and successful German publication;

This book consists of 7 parts and 1,260 articles, each part in turn being the General Provisions, Real Rights, Contracts, Personal and Personality Rights, Marriage and Family, Succession, Tort Liability, and the By-laws, which came into force on January 1, 2021. The codification of the Civil Code is a comprehensive and systematic compilation and revision of the existing civil legal norms of China, which were formulated in different periods of time. The Civil Code of the People's Republic of China is recognized as a declaration and guarantee of civil rights in China. This book is characterized by the addition of article-by-article purpose on the basis of legal articles, systematically indicating the main content of each article, so that readers can easily and clearly understand the content of the articles.

In many parts of Africa three different systems of laws are concurrently applied - the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.

This volume, orginally published in 1925, outlines the historical development of the Muslim law of inheritance in pre-Islamic Law. It discusses the ranking of heirs and guardians, reforms introduced by Muhammad, subsequent development of the law, and rise of the orthodox schools.

This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women's equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

Originally published in 1939. After the death of Muhammad his community was ruled by three caliphs who kept their capital as Medina, the City of the Prophet. Under the rule of the caliphs those who did not confess the Muslim faith were under certain restrictions both in public and private life. This volume examines the social, cultural, religious and economic aspects of this period and includes chapters on: Government Service; Churches and Monasteries; Christian Arabs, Jews and Magians; Dress; Financial Persecution, Medicine and Literature and Taxation.

This work explores the role of canon law in the ecclesiastical reform movement of the eleventh century, commonly known as the Gregorian Reform. Focusing on the Collectio canonum of Bishop Anselm of Lucca, it explores how the reformers came to value and employ law as as means of achieving desired ends in a time of social upheaval and revolution.

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).

The German Ministry of Defense decided in 2000 to commission a study comparing various European systems of military law. The present book contains not only the original study but also all national reports in English. It provides a comparative analysis of different European military law systems on the basis of national reports.