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Books > Law > Other areas of law
Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition in support of human rights. He identifies those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. Relying on significant texts in the Qur'an and hadith, early juristic discourses and modern Islamic scholarship, Saeed explains the compatibilities and incompatibilities between Islamic law and international human rights law. He also deals separately with a number of specific rights that are usually considered somewhat incompatible with Islamic law, such as the rights of women and children, freedom of expression and religion and jihad and the laws of war. Each chapter also contains a case to allow readers to look more closely at issues of relevance. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights. Students of Islamic law, human rights and Islam in the modern period will appreciate this challenging but accessible look at an important topic.
In the first two decades of the twenty-first century, the events of 9/11, 7/7, the War on Terror and the Caliphate and atrocities of the so-called Islamic State have dominated Western consciousness and wreaked havoc in parts of the Muslim-majority world. In their wake, a spate of books has been written explaining the phenomenon of Islamist radicalisation and Jihadism. Nevertheless, for normal citizens, as well as scholars of religion and legal professionals, the crucial question remains unanswered: how is mainstream Islam different from both Islamism and the Islamist Extremism that is used to justify terrorist violence? In this highly original book, which draws upon the author's experience as an expert witness in Islamic theology in 27 counter-terrorism trials, the author uses the idea of the Worldview, as well as traditional Islamic theology, to answer this question. The book explains not only what Mainstream Islam, Ideological Islamism and Islamist Extremism are in their broad philosophical characteristics and theological particulars, but also explains comprehensively how and why they are both superficially related and yet essentially and fundamentally different. In so doing, the book also illuminates the cast of characters and the development of their ideas that constitute Mainstream Islam, Ideological Islamism and the Non-Violent and Violent Islamist Extremists who constitute the Genealogy of Terror.
The increasing commercialization of sport raises important questions concerning regulation. The development of the European Union and the internationalization of sporting competition has added an international dimension to this debate. Yet sport is not only a business, it is a social and cultural activity. Can regulation at the EU level reconcile this tension? Adopting a distinctive legal and political analysis, this book argues that the EU is receptive to the claim of sport for special treatment before the law.
Three hundred and fifty-one men were executed by British Army firing-squads between September 1914 and November 1920. By far the greatest number were shot for desertion in the face of the enemy. Controversial even at the time, these executions of soldiers amid the horrors of the Western Front continue to haunt the history of war. This book provides a critical analysis of military law in the British army and other major armies during the First World War, with particular reference to the use of the death penalty. This study establishes a full cultural and legal framework for military discipline and compares British military law with French and German military law. It includes case studies of British troops on the Frontline.
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.
This fully revised and updated textbook weaves law into its historical, political, and sociological context, while providing clear explanation of the law as it applies to American colleges and universities. This text draws exclusively on federal and state cases emerging from campuses and includes helpful pedagogical elements--such as chapter outlines, questions for discussion, side bars, text boxes, research aids, and summation of law--to equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation. Addressing a gap in the literature, this new edition provides a comprehensive and accessible understanding of the latest laws relevant to higher education and student affairs administrators. New In This Edition: Explanation and streamlining of old case law. New cases throughout covering recent developments in: student loan debt, student safety, Internet speech, affirmative action, discrimination, Greek life, issues relating to new technology, non-faculty employees, campus police, and athletics. Revised explanation on student and college costs. Expanded examination of the idea of academic freedom
Islamic State's Online Activity and Responses provides a unique examination of Islamic State's online activity at the peak of its "golden age" between 2014 and 2017 and evaluates some of the principal responses to this phenomenon. Featuring contributions from experts across a range of disciplines, the volume examines a variety of aspects of IS's online activity, including their strategic objectives, the content and nature of their magazines and videos, and their online targeting of females and depiction of children. It also details and analyses responses to IS's online activity - from content moderation and account suspensions to informal counter-messaging and disrupting terrorist financing - and explores the possible impact of technological developments, such as decentralised and peer-to-peer networks, going forward. Platforms discussed include dedicated jihadi forums, major social media sites such as Facebook, Twitter, and YouTube, and newer services, including Twister. Islamic State's Online Activity and Responses is essential reading for researchers, students, policymakers, and all those interested in the contemporary challenges posed by online terrorist propaganda and radicalisation. The chapters were originally published as a special issue of Studies in Conflict & Terrorism.
Since publication of the first edition in 1976, The Building Regulations: Explained and Illustrated has provided a detailed, authoritative, highly illustrated and accessible guide to the regulations that must be adhered to when constructing, altering or extending a building in England and Wales. This latest edition has been fully revised throughout. Much of the content has been completely rewritten to cover the substantial changes to the Regulations since publication of the 13th edition, to ensure it continues to provide the detailed guidance needed by all those concerned with building work, including architects, building control officers, Approved Inspectors, Competent Persons, building surveyors, engineers, contractors and students in the relevant disciplines.
David Vishanoff's thorough and original unpacking of the Sunni jurist al-Juwayni's (1028-1085) Kitab al-Waraqat fi usul al-fiqh introduces English-speaking readers to the main concepts, terms, principles, and functions of the classical Islamic discipline of legal theory. This volume offers an ideal entry to the otherwise dense and complex mainstream Sunni views that dominated Islamic legal thought in al-Juwayni's day -- and that are still widely accepted today. A critical edition of al-Juwayni's Arabic text is also included.
Dental hygienists and dental assistants need to be aware of current accepted legal processes related to such issues as infection control, insurance, malpractice, liability, and negligence. LEGAL AND ETHICAL CONSIDERATIONS FOR DENTAL HYGIENISTS AND ASSISTANTS provides them with strong theoretical and philosophical information concerning the legal, ethical, and management dilemmas that face the entire dental health team. Real-life examples with expert commentary and follow-up questions illustrate legal situations the dental hygienist or assistant may face.a consistent format for the most effective learning. Contains a case study at the beginning of each section to draw the student into a real-life situation that the hygienist or assistant could be faced with.Provides case study questions to stimulate students interest and promote greater discussion and understanding of difficult concepts. Includes a series of responses from experts in the field, providing a look at the cases through the eyes of professionals.Provides immediate clarification of vital legal terminology with Glossary terms and their definitions in the margins. Features author response to the case study, and answers to case study questions at the end of each section, so students can review vital information from the chapters and be sure theyve applied the information correctly to thecase study questions.Includes key words at the beginning of each chapter, so students can familiarize themselves with important legal terminology. Contains learning objectives at the beginning of each chapter to highlight important concepts the students need to comprehend.Provides a comprehensive glossary for students learning vital legal terminology.
CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.
This comparative international review of law and practice liability describes the framework in which lawyers, insurers, contractors and clients dealing with liability operate. The act of building involves risk and, in the case of damages occurring after construction, it is often hard to identify responsibility. This will be an essential reference for construction lawyers, insurers and other senior practitioners and managers in industry, based on research and analysis by CIB (Conseil International du Batiment) as part of the CIB series programme.
Although many texts attempt to explain intellectual property law to scientists and engineers, they are ineffective because they fail to present the subject within the proper scope; they are either too expansive or too detailed for the needs of researchers and inventors. Instead of giving a mile-high view of all types of intellectual property or, at the other extreme, turning readers into pseudo-patent attorneys, Patent Law for Scientists and Engineers provides researchers and students with an understanding of the aspects of patent law necessary to work with patent professionals and enhance patent coverage. The editor has structured the text so it can be easily integrated into a reader's research routine. Each chapter supports the issues discussed with fact patterns that emphasize the steps necessary to protect patent rights. The book describes actual scenarios encountered by scientists and engineers, highlighting the protection of latent patent rights that may exist within an invention or technical solution.
Adultery, fornication, breach of marriage contract, sexual slander - these, along with religious offences of various kinds, were typical of the cases dealt with by the ecclesiastical courts in Elizabethan and early Stuart England. What was it like to live in a society in which personal morality was regulated by law in this fashion? How far-reaching was such surveillance in actual practice? How did ordinary people view the courts - as useful institutions upholding accepted standards, or as an alien system purveying unwanted values? How effective were the church courts in influencing attitudes and behaviour? Previous assessments of ecclesiastical justice, coloured by contemporary puritan and common law criticisms, have mostly been unfavourable. This in-depth, richly documented study of the sex and marriage business dealt with under church law, based on the records of the courts in Wiltshire, Cambridgeshire, Leicestershire and West Sussex in the period 1570-1640, presents a more balanced and more positive view.
'Human Rights and Reformist Islam' critiques traditional Islamic approaches to the question of compatibility between human rights and Islam, and argues instead for their reconciliation from the perspective of a reformist Islam. The book focuses on six controversial case studies: religious discrimination; gender discrimination; slavery; freedom of religion; punishment of apostasy; and arbitrary or harsh punishments. Explaining the strengths of structural ijtihad, Mohsen Kadivar's draws on the rational classification of Islamic teachings as temporal or permanent on the one hand, and four criteria of being Islamic on the other: reasonableness, justice, morality and efficiency. He rejects all of the problematic verses and Hadith according to these criteria. The result is a powerful, solutions-based argument based on reformist Islam - providing a scholarly bridge between modernity and Islamic tradition in relation to human rights.
"Law and the Built Environment" is a core textbook for all students undertaking compulsory law modules on construction, real estate and property management programmes. This single text provides an accessible introduction to the many areas of law studied by aspiring built environment professionals. Written by a team of lecturers with many years' teaching experience in these areas, key principles of English law are placed in their relevant professional context and clearly explained in exactly the right level of detail for success in the modules studied. The book also focuses in greater depth on some specialist areas of built environment professional practice, including construction contracts, health and safety, rent review, dilapidations, and lease renewals. It provides an essential resource for students studying for qualifications leading to professional membership of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB). It caters primarily for students studying these subjects at bachelor's degree level, but will also be suitable for students on programmes at HNC and HND levels, as well as those undertaking professional examinations. It will also provide introductory reading for students undertaking master's level programmes, and particularly for the increasing numbers of graduates from other disciplines who are now studying on RICS-accredited master's degree conversion programmes.
Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.
Policing and ecological crises - and all the inequalities, discrimination, and violence they entail - are pressing contemporary problems. Ecological degradation, biodiversity loss, and climate change threaten local communities and ecosystems, and, cumulatively, the planet as a whole. Police brutality, wars, paramilitarism, private security operations, and securitization more widely impact people - especially people of colour - and habitats. This edited collection explores their relationship, and investigates the numerous ways in which police, security, and military forces intersect with, reinforce, and facilitate ecological and climate catastrophe. Employing a case study-based approach, the book examines the relationships and entanglements between policing and ecosystems, revealing the intimate connection between political violence and ecological degradation.
Shah Wali Allah's two important treatises on juristic diversity and
the nature of binding and independent authority in Islamic law,
Al-In'af fi Bayan Sabab al-Ikhtilaf and 'Iqd al-Jid fi A'kam
al-Ijtihad wa-l Taqlid, are here translated from the original
Arabic with critical introductions and annotations to the author's
sources and the legal issues used to illustrate his arguments.
Addressing relevant and crucial contemporary issues, these new
scholarly translations of the important treatises provide access to
important debates on authority and reform in Islamic legal
reasoning. The question of "ijtihad" (independent critical
reasoning) versus "taqlid" (adherence to the classical schools and
rulings of Islamic law) continues to inform contemporary
discussions of how Muslims--as individuals and in their
institutions and practice--can maintain fidelity and authenticity
while addressing the compelling issues of the present age.
The jurist Ebu's-suud (c. 1490-1574) occupies a key position in the
history of Islamic law. An Ottoman tradition, which began in the
seventeenth century and which modern historians often reiterate,
asserts that Ebu's-suud succeeded in harmonizing the secular law
with the "shari 'a," creating, in effect, a new ideal Islamic legal
system. This book examines the validity of this assertion.
Focal Press' Pocket Lawyer series serves as a legal toolkit for independent producers and artists in the creative industries. The Pocket Lawyer for Comic Book Creators is designed to help emerging artists and veteran professionals in the comic book industry build a solid foundation of business and communication practices that they need to thrive in today's ever-changing, uncertain world of indie comics. Readers will learn to protect their copyrights, negotiate publishing deals, hire artists so everyone wins, and learn the ins and outs of key contracts with this helpful resource.
Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.
This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term 'compensation' is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, 'restitution' states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party's expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions. |
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