In the West, we tend to think of Islamic law as an arcane and rigid
legal system, bound by formulaic texts yet suffused by unfettered
discretion. While judges may indeed refer to passages in the
classical texts or have recourse to their own orientations, images
of binding doctrine and unbounded choice do not reflect the full
reality of the Islamic law in its everyday practice. Whether in the
Arabic-speaking world, the Muslim portions of South and Southeast
Asia, or the countries to which many Muslims have migrated, Islamic
law works is readily misunderstood if the local cultures in which
it is embedded are not taken into account. With Islam and the Rule
of Justice, Lawrence Rosen analyzes a number of these
misperceptions. Drawing on specific cases, he explores the
application of Islamic law to the treatment of women (who win most
of their cases), the relations between Muslims and Jews (which
frequently involve close personal and financial ties), and the
structure of widespread corruption (which played a key role in
prompting the Arab Spring). From these case studies the role of
informal mechanisms in the resolution of local disputes. The author
also provides a close reading of the trial of Zacarias Moussaoui,
who was charged in an American court with helping to carry out the
9/11 attacks, using insights into how Islamic justice works to
explain the defendant's actions during the trial. The book closes
with an examination of how Islamic cultural concepts may come to
bear on the constitutional structure and legal reforms many Muslim
countries have been undertaking.
General
Imprint: |
University of Chicago Press
|
Country of origin: |
United States |
Release date: |
March 2018 |
Authors: |
Lawrence Rosen
|
Dimensions: |
229 x 152mm (L x W) |
Format: |
Hardcover - Cloth over boards
|
Pages: |
288 |
ISBN-13: |
978-0-226-51157-3 |
Categories: |
Books
Promotions
|
LSN: |
0-226-51157-X |
Barcode: |
9780226511573 |
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