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Islam, Sharia and Alternative Dispute Resolution - Mechanisms for Legal Redress in the Muslim Community (Hardcover)
Loot Price: R3,945
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Islam, Sharia and Alternative Dispute Resolution - Mechanisms for Legal Redress in the Muslim Community (Hardcover)
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The meanings and contexts of Shari'a are the subject of both
curiosity and misunderstanding by non-Muslims. Shari'a is sometimes
crudely characterized by outsiders as a punitive legal system
operating broadly outside, and separate from, national laws and
customs. This groundbreaking book shows that Shari'a and its 'fiqh'
(laws set forward by various Islamic legal schools) comprise a far
more nuanced matrix of interpretations than is often assumed to be
the case. Far from being monolithic or impervious to change from
without, Muslim legal tradition has - since its beginnings in the
early Islamic period - placed an emphasis on equity and
non-adversarial conflict-resolution. Mohamed Keshavjee examines
both Sunni and Shi'a applications of Islamic law, demonstrating how
political, cultural and other factors have influenced the practice
of fiqh and Shari'a in the West. Exploring in particular the modern
development of Alternative Dispute Resolution (ADR), the author
shows that this process can revitalize some of the essential
principles that underlie Muslim teachings and jurisprudence,
delivering not only formal remedies but also perceived justice,
even to non-Muslims.
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