The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries. Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular. Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization

State Violence and the Execution of Law stages a provocative analysis of how the biopolitical divide between human and animal has played a fundamental role in enabling state violence, including torture, secret imprisonment and killing-at-a-distance via drones. Analyzing the complex ways in which the United States government deploys law in order to consolidate and further imperial relations of power, Pugliese tracks the networks that enable the diffusion and normalization of the state's monopoly of violence both in the US and in an international context. He demonstrates how networks of state violence are embedded within key legal institutions, military apparatuses, civilian sites, corporations, carceral architectures, and advanced technologies. The author argues that the exercise of state violence, as unleashed by the war on terror, has enmeshed the subjects of the Global South within institutional and discursive structures that position them as non-human animals that can be tortured, killed and disappeared with impunity. Drawing on poststructuralist, critical race and whiteness, and critical legal theories, the book is transdisciplinary in its approach and value. It will be invaluable to university students and scholars in Critical Legal and Socio-Legal Studies, Cultural Studies, Race and Ethnicity Studies, International Politics, and Postcolonial Studies.

One of the most important developments in Muslim politics in recent years has been the spread of movements calling for the implementation of sharia or Islamic law. Shari a Politics maps the ideals and organization of these movements and examines their implications for the future of democracy, citizen rights, and gender relations in the Muslim world. These studies of eight Muslim-majority societies, and state-of-the-field reflections by leading experts, provide the first comparative investigation of movements for and against implementation of sharia. These essays reveal that the Muslim public's interest in sharia does not spring from an unchanging devotion to received religious tradition, but from an effort to respond to the central political and ethical questions of the day."

In its current state, the global food system is socially and ecologically unsustainable: nearly two billion people are food insecure, and food systems are the number one contributor to climate change. While agro-industrial production is promoted as the solution to these problems, growing global "food sovereignty" movements are challenging this model by demanding local and democratic control over food systems. Translating Food Sovereignty accompanies activists based in the Pacific Northwest of the United States as they mobilize the claim of food sovereignty across local, regional, and global arenas of governance. In contrast to social movements that frame their claims through the language of human rights, food sovereignty activists are one of the first to have articulated themselves in relation to the neoliberal transnational order of networked governance. While this global regulatory framework emerged to deepen market logics, Matthew C. Canfield reveals how activists are leveraging this order to make more expansive social justice claims. This nuanced, deeply engaged ethnography illustrates how food sovereignty activists are cultivating new forms of transnational governance from the ground up.

Organ transplantation raises singularly difficult ethical and legal issues in its requirement for donated organs. Strategies to facilitate supply in the face of increasing demand must be ethically sound and subject to an appropriate and effective regulatory framework. Professor David Price gives a comprehensive analysis of existing laws and policies governing transplantation practices around the world. He examines the meaning of death, cadaver organ procurement policies, use of living donors, trading in human organs, experimental transplant procedures and xenotransplantation. Professor Price identifies the specific challenges in current practices and future developments.

Reading the Islamic City offers insights into the implications the practices of the Maliki school of Islamic law have for the inhabitants of the Islamic city, the madinah. The problematic term madinah fundamentally indicates a phenomenon of building, dwelling, and urban settlement patterns that evolved after the 7th century CE in the Maghrib (North Africa) and al-Andalusia (Spain). Madinah involves multiple contexts that have socio-religious functions and symbolic connotations related to the faith and practice of Islam, and can be viewed in terms of a number of critiques such as everyday lives, boundaries, utopias, and dystopias. The book considers Foucault's power/knowledge matrix as it applies to an erudite cadre of scholars and legal judgments in the realm of architecture and urbanism. It acknowledges the specificity of power/knowledge insofar as it provides a dominant framework to tackle property rights, custom, noise, privacy, and a host of other subjects. Scholars of urban studies, religion, history, and geography will greatly benefit from this vivid analysis of the relevance of the juridico-discursive practice of Maliki Law in a set of productive or formative discourses in the Islamic city.

This volume is a comprehensive and authoritative comparative analysis which asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. Through this analysis, it offers a clear vision of the realisation of international human rights within the application of Islamic law.

This incisive book provides an extensive analysis of the robust array of international law applicable across the spectrum of international conflict and security. With a particular focus on new and emerging technologies and domains such as cyber and outer space, Laurie Blank illustrates how international conflict and security law applies to 21st century challenges. From conflict prevention to the use of force, the law of armed conflict to transitional justice, this book offers an in-depth examination of how these legal frameworks address the most fundamental questions for security at the human, national and international levels: how to prevent and reduce escalation of conflict; how to protect States, their territory and their core national interests; how to protect individuals and their rights; how to maintain and restore international peace; how to resolve conflicts; and how to promote justice and reconciliation after conflict. Overall, the book creates a multifaceted and insightful picture of how the international legal system functions as a comprehensive - if still sometimes fractured - framework. International Conflict and Security Law will be essential reading for both graduate and undergraduate students studying security policy, international law, conflict resolution and armed conflict. It will also provide a well-rounded exploration of the field as a whole for policy makers, practitioners and academics.

Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.

The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries. Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular. Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization

During the last ten years the Islamic banking sector has grown rapidly, at an international level, as well as in individual jurisdictions including the UK. Islamic finance differs quite substantially from conventional banking, using very different mechanisms, and operating according to a different theory as it is based on Islamic law. Yet at the same time it is always subject to the law of the particular financial market in which it operates. This book takes a much-needed and comprehensive look at the legal and regulatory aspects which affect Islamic finance law, and examines the current UK and international banking regulatory frameworks which impact on this sector. The book examines the historical genesis of Islamic banking, looking at how it has developed in Muslim countries before going on to consider the development of Islamic banking in the UK and the legal position of Islamic banks within English law. The book explores company, contract, and some elements of tax law and traces the impact it has had on the development of Islamic banking in the UK, before going on to argue that the current legal and regulatory framework which affects the Islamic banking sector has on certain occasions had an unintended adverse impact on Islamic banking in the UK. The book also provides an overview of the Malaysian experience in relation to some of the main legal and regulatory challenges in the context of Islamic banking and finance.

This is the fourth volume of a series entitled `Current Legal Issues' that are published each Summer as a sister volume to `Current Legal Problems'. The interaction of religious practice and the law raises a number of difficult and fascinating issues. What exactly do we mean by religious faith? To what extent are the Courts competent to pass judgement on disputes arising within religious organizations? Are some religious faiths more legitimate than others? Should the law grant special privileges to religious believers? - for example exemption from provisions in human rights legislation which would otherwise restrict their activities.

Managing the Entrepreneurial University is essential reading for both higher education administrators and those studying to enter the field. As universities have become more market focused, they have changed dramatically. But has the law kept up? This book explains fundamental legal concepts in clear, non-technical language and grounds them in practical management situations, indicating where doctrines and standards have evolved, identifying where legal difficulties may be more likely to arise, and suggesting where change may be merited. In its chapters on process, discrimination, employment, students, and regulation, the book: Provides lively case studies applicable to every type of institution Includes a simulation exercise at the end of each chapter for use in teaching or training Draws on an over 550-source bibliography A hypothetical case spans each chapter, addressing not only research universities and elite liberal arts colleges, but also community colleges, small private colleges, and regional comprehensive universities. Readers working across functional areas and at various institution types will find the book directly relevant in clarifying and deepening their understanding of the legal environment associated with their responsibilities within the entrepreneurial university.

This book presents the argument that health has special moral importance because of the disadvantage one suffers when subjected to impairment or disabling barriers. Christopher A. Riddle asserts that ill health and the presence of disabling barriers are human rights issues and that we require a foundational conception of justice in order to promote the rights of people with disabilities. The claim that disability is a human rights issue is defended on the grounds that people with disabilities experience violations to their dignity, equality, and autonomy. Because human rights exist as a subset of other justice-based rights, Riddle contends that we must support a foundation of justice compatible with endorsing these three principles (equality, dignity, and autonomy). This volume argues that the "capabilities approach" is the best currency of justice for removing the disabling barriers that consistently violate approximately one billion people's human rights.

This is an exploration of the discourse and performance, since the 1980s, of an influential Sunni Islamic scholarly and political movement in Saudi Arabia. The text shows how reformism is deeply rooted in Islamic tradition and how Sunni scholars have become acivists for change in Saudi Arabia.

This timely Encyclopedia is a much-needed thorough reference on Islamic insurance policy and the ways in which this can be modelled to cohere with Shari'ah law. The authors explore the ways in which Islamic insurance can be halal, contradicting the widely held belief that insurance policies are not appropriate or moral, utilizing evidence from both the Qu'ran and top Islamic scholars to do so. The book explores Takaful, an insurance paradigm that is in accordance with Islamic principles and suits the needs of modern Islamic economies and communities. It examines the practices, principles, framework and importance of the notion of Takaful, using evidence from the Qu'ran and Islamic teachings to support this. Chapters examine how Takaful is different to conventional insurance models that are not permissible under Shari'ah law, contradicting misconceptions about the possibility of an insurance policy that is achievable within Islamic communities. The book further explores the room for cooperation between Takaful services and Islamic banking, offering insight into how this can be improved in the future. A valuable asset for Islamic insurance and Islamic economics scholars, this timely book offers a thorough analysis of Takaful, Retakaful and Islamic insurance in our modern world. It will also be a useful read for those practising Takaful to ensure that their advice coheres with Shari'ah law.

The Hanbali School of Law and Ibn Taymiyyah provides a valuable account of the development of Hanbalite jurisprudence, placing the theoretical and conceptual parameters of this tradition within the grasp of the interested reader.Studying the vibrant yet controversial interaction between Ibn Taymiyyah and the Hanbali School of law, this book assesses to what extent this relationship was a conflict or reconciliation. The author takes a detailed exploration of the following issues: the strength of contributions made to this School by earlier paragons associated with Ahmad Ibn Hanbal the contextual constructs which shaped the tradition's development the methodology and literature synonyms within the classical School the manner by which Ibn Taymiyyah engaged with the Hanbali tradition the impact of his thought upon the later expression of the School's legal doctrines and its theoretical principles the contribution made by this School in general to the synthesis of Islamic law. Giving background material to the Hanbali School of law, this book is a vital reference work for those with interests in Islamic law, the history of the Hanbalite tradition and its principle luminaries.

This book is an examination of American army legal proceedings that resulted from a series of moments when soldiers in a war zone crossed a line between performing their legitimate functions and committing crimes against civilians, or atrocities.

Using individual judicial proceedings held within war-time Southeast Asia, Louise Barnett analyses how the American military legal system handled crimes against civilians and determines what these cases reveal about the way that war produces atrocity against civilians. Presenting these atrocities and subsequent trials in a way that considers both the personal and the institutional the author considers how and why atrocity happens, the terrain of justification, and the degree to which the army and American society have been willing to take military crimes against civilians seriously.

Atrocity and American Military Justice in Southeast Asia will be of interest to students, scholars and professionals interested in Military Justice, Military history and Southeast Asian History more generally.

Student teaching is the key phase in the preparation of the professional instructional personnel of the nation's schools. Yet, the burgeoning literature of education law lacks a comprehensive and current source specific to student teaching. This volume fills that gap. The first part of this volume consists of a legal primer designed to provide the basic building blocks that serve as the foundation for the aforementioned common core. The second and central part includes an illustrative synthesis of the various state laws specific to student teaching and canvasses the available court decisions specifically concerning student teachers and student teaching. The final part consists of a variety of useful materials in the form of appendices, including charts of relevant statutes and case law; selected case scenarios for the purpose of review and discussion; a glossary of acronyms, abbreviations, and legal terms; and a sampler list of relevant resources.

This book deals with two different pragmatic approaches to textual communication: (i) the mainstream approach followed by the 'Ash'ari s, Hanafi s and Mu'tazili s, (ii) the salafite approach followed mainly by the Hanbali s, defended and elaborated by Ibn Taymiyyah. One of the primary aims of the book is to explore and formulate several Muslim legal theorists' pragmatic theories, communicative principles and linguistic views, construct them in the form of models and set them within a general uniform framework. Another aim is to reveal a corpus of information and data which, though highly relevant to modern pragmatics, is still unknown. This study, which can be seen as an extensive introduction to 'medieval Islamic pragmatics', is the first attempt to examine the approaches followed by the Salafi s or the mainstream from a pragmatic viewpoint. There has been no attempt to explain the principles and the strategies utilised by the medieval Sunni Muslim legal theorists in their account of how communication works and how successful interpretation is achieved. Of course, a lot of work has been done on different Islamic sects and their different positions over the interpretation of the Quran and Sunnah, but these studies fall short of delving into the underlying communicative principles that motivate their differences over interpretation. The author's formulation of the Muslim legal theorists' views is enhanced by setting up a reliable theoretical foundation and by delving into their underlying philosophical principles. This involves relating the legal theorists' insights into interpretation and communication to their relevant ontological, epistemological and theological outlooks, and comparing these insights with their modern pragmatic counterparts.

Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity. Combining a selection of old and new essays by Warren J. Samuels that chart a number of key themes, it provides an important commentary on the development of an academic field and demonstrates how policy is structured and manipulated by human social construction. The areas covered include: the role of manufactured belief power the nature and sources of rights the construction of markets by firms and governments and the problem of continuity and change in the form of the question of the selectively defined status quo and its status the absolutist character of government, rights, markets and legal principles and the accepted ideational structure of law. The Legal-Economic Nexus is an essential read both economists and legal professionals as well as those researching the history of economic thought and the social construction of law.