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Saudi Arabia has never commanded more attention and yet it remains
one of the world's least understood countries. In The Normalization
of Saudi Law, Chibli Mallat dives into the heart of Saudi society,
politics, and business by exploring the workings of its courts.
Legal practitioners and scholars will find a comprehensive analysis
of the law's operation in the kingdom. The practitioner will access
full thematic coverage of all important fields: judicial
organization, contracts and torts, crime, family, property,
administration, commerce, companies, banking, insolvency, the stock
market, the constitution, succession, and human rights, with major
statutes and a large number of court decisions distilled in 16
chapters. The scholar is presented with an assessment of a dynamic
legal process, a 'normalization' of Saudi law where developing
norms are both 'normal' (usual) and 'normative' (carrying moral
force). This includes judges reshaping Islamic law by applying it
in everyday transactions and disputes as they interpret classical
treatises and modern statutes. In whole, The Normalization of Saudi
Law paints a compelling picture of a fast-changing country. The
book is a systematic study of Saudi law over nearly a decade, and
its analysis draws from Mallat's involvement as a legal expert in
landmark decisions around the world and as a law professor in
leading universities in the Middle East, Europe, and America. The
book reflects his work with Saudi law students and practicing
colleagues, from cases in commercial law to those involving
government and human rights. The Normalization of Saudi Law will
interest both readers following the fast-changing world of
comparative law and those intrigued by Saudi Arabia.
This is the first comprehensive study of the life and works of Muhammad Baqer as-Sadr - an Iraqi scholar who made an important contribution to the renewal of Islamic law and politics in the contemporary Middle East. Executed in 1980, Sadr was the most articulate thinker and a major political actor in the revival of Shi‘i learning, which placed Najaf in Southern Iraq at its centre. Dr Chibli Mallat examines the intellectual development of Sadr and his companions who included Ruhullah al-Khumaini and assesses Sadr’s innovative approaches to the study of law, economics and banking. The author convincingly demonstrates how Sadr’s ideas and activities were influential in the rise of political Islam across the Middle East and played an important part in the Iranian revolution of 1979.
In 2011, the Middle East saw more people peacefully protesting long
entrenched dictatorships than at any time in its history. The
dictators of Tunisia, Egypt, and Yemen were deposed in a matter of
weeks by nonviolent marches. Imprecisely described as 'the Arab
Spring', the revolution has been convulsing the whole region ever
since. Beyond an uneven course in different countries, Philosophy
of Nonviolence examines how 2011 may have ushered in a fundamental
break in world history. The break, the book argues, is animated by
nonviolence as the new spirit of the philosophy of history.
Philosophy of Nonviolence maps out a system articulating
nonviolence in the revolution, the rule of constitutional law it
yearns for, and the demand for accountability that inspired the
revolution in the first place. Part One-Revolution, provides modern
context to the generational revolt, probes the depth of Middle
Eastern-Islamic humanism, and addresses the paradox posed by
nonviolence to the 'perpetual peace' ideal. Part
Two-Constitutionalism, explores the reconfiguration of legal norms
and power structures, mechanisms of institutional change and
constitution-making processes in pursuit of the nonviolent anima.
Part Three-Justice, covers the broadening concept of dictatorship
as crime against humanity, an essential part of the philosophy of
nonviolence. It follows its frustrated emergence in the French
revolution, its development in the Middle East since 1860 through
the trials of Arab dictators, the pyramid of accountability
post-dictatorship, and the scope of foreign intervention in
nonviolent revolutions. Throughout the text, Professor Mallat
maintains thoroughly abstract and philosophical arguments, while
substantiating those arguments in historical context enriched by a
close participation in the ongoing Middle East revolution.
This book provides an introduction to the laws of the Middle East,
defining the contours of a field of study that deserves to be
called 'Middle Eastern law'. It introduces Middle Eastern law as a
reflection of legal styles, many of which are shared by Islamic law
and the laws of Christian and Jewish Near Eastern communities. It
offers a detailed survey of the foundations of Middle Eastern Law,
using court archives and an array of legal sources from the
earliest records of Hammurabi to the massive compendia of law in
the Islamic classical age through to the latest decisions of Middle
Eastern high courts. It focuses on the way legislators and courts
conceive of law and apply it in the Middle East. It builds on the
author's extensive legal practice, with the aim of introducing the
Middle Eastern law's main sources and concepts in a manner
accessible to non-specialist legal scholars and practitioners
alike.
The book begins with an exploration of the depth and variety of
Middle Eastern law, introducing the concepts of shari'a, fiqh, and
qanun, (which all mean 'law'), and dwelling on Islamic law as the
'common law' of the Middle East. It provides a historical
introduction to the contemporary Middle East, exploring political
systems, constitutional law, judicial review, the laws of tort and
obligations, commercial law (including Islamic banking, company
law, capital markets, and commercial arbitration); and examines
legislative reform in family law and the position of women in the
legal system. The author considers the interaction between Islamic
and Western laws and includes a bibliography designed for further
research into the jurisdictions and themes explored throughout the
book.
This book provides an introduction to the laws of the Middle East,
defining the contours of a field of study that deserves to be
called 'Middle Eastern law'. It introduces Middle Eastern law as a
reflection of legal styles, many of which are shared by Islamic law
and the laws of Christian and Jewish Near Eastern communities. It
offers a detailed survey of the foundations of Middle Eastern law,
using court archives and an array of legal sources from the
earliest records of Hammurabi to the massive compendia of law in
the Islamic classical age through to the latest decisions of Middle
Eastern high courts. It focuses on the way legislators and courts
conceive of law and apply it in the Middle East. It builds on the
author's extensive legal practice, with the aim of introducing the
Middle Eastern law's main sources and concepts in a manner
accessible to non-specialist legal scholars and practitioners
alike. The book begins with an exploration of the depth and variety
of Middle Eastern law, introducing the concepts of shari'a, fiqh,
and qanun, (which all mean 'law'), and dwelling on Islamic law as
the 'common law' of the Middle East. It provides a historical
introduction to the contemporary Middle East, exploring political
systems, constitutional law, judicial review, the laws of tort and
obligations, commercial law (including Islamic banking, company
law, capital markets, and commercial arbitration); and examines
legislative reform in family law and the position of women in the
legal system. The author considers the interaction between Islamic
and Western laws and includes a bibliography designed for further
research into the jurisdictions and themes explored throughout the
book.
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