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Introduction To Middle Eastern Law

Author : Chibli Mallat
ISBN : 9780191021725
Genre : History
File Size : 39.84 MB
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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.
Category: History

Yearbook Of Islamic And Middle Eastern Law

Author : Eugene Cotran
ISBN : 9041122079
Genre : Religion
File Size : 66.9 MB
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The Yearbook of Islamic and Middle Eastern Law is the flagship publication of the Centre of Islamic and Middle Eastern Law (CIMEL) of the school of Oriental and African Studies (SOAS) in London. It is increasingly regarded as the leading international forum for commentary on, and analysis of, emerging issues in a field of study of everincreasing global significance. There is no more useful and thorough pricis of what has happened in Islamic and Middle Eastern law over the last year. With Volume 8 -and the advent of Martin Lau as co-editor with Eugene Cotran- the Yearbook begins an expansion of its purview into non-Arab Islamic countries, beginning in this volume with essays covering issues in Afghanistan and Kenya. The Yearbook will continue to be an authorative source of insightful commentary and scholarship on relevant developments wherever the influence of Islamic law is felt.
Category: Religion

Law And Islam In The Middle East

Author : Daisy Hilse Dwyer
ISBN : 0897891511
Genre : Law
File Size : 70.96 MB
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"Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself," asserts renowned Islamic law scholar Joseph Schacht. At a time when Islamic fundamentalism is flourishing, the relation of religion to law-related behavior needs to be scrutinized. This volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle East nations. Eight chapters, contributed by experts in the field, and a cogent introduction by Dwyer deal with the practical intricacies of personal status law and assess law in the public domain.
Category: Law

Changing God S Law

Author : Nadjma Yassari
ISBN : 9781317168638
Genre : Law
File Size : 36.52 MB
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This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.
Category: Law

Philosophy Of Nonviolence

Author : Chibli Mallat
ISBN : 9780199394210
Genre : Law
File Size : 48.44 MB
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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.
Category: Law

Islamic Family Law

Author : Chibli Mallat
ISBN : 1853333018
Genre : Architecture
File Size : 22.66 MB
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Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.
Category: Architecture

Histories Of The Middle East

Author : Roxani Eleni Margariti
ISBN : 9789004184275
Genre : History
File Size : 20.17 MB
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Dedicated to their teacher, Abraham L. Udovitch, his students offer in this volume a chronologically, geographically and thematically wide range of papers united by an emphasis on a close reading of primary sources and the juxtaposition of different genres of narratives.
Category: History

The Law Of The Near And Middle East

Author : Herbert J. Liebesny
ISBN : 0873952561
Genre : Law
File Size : 31.16 MB
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A systematic survey of fundamental statements of Islamic and Near Eastern law that includes selections from the writings of classic Islamic scholars, contemporary works on legal theory, and modern Middle Eastern codes. No other accessible work brings together so many useful materials on the development of Islamic law, as does this volume based on translations from a variety of languages and numerous sources, all of which are identified. Because of the important role which law plays in Islamic culture, some acquaintance with legal developments is indispensible if one is to gain a rounded picture of Islamic culture.
Category: Law