An introduction to Islamic law

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Author: Joseph Schacht

Publisher: Oxford University Press

ISBN: N.A

Category: Religion

Page: 304

View: 2977

This book presents a broad account of the present knowledge of the history and outlines the system of Islamic law. Showing that Islamic law is the key to understanding the essence of one of the great world religions, this book explores how it still influences the laws of contemporary Islamicstates, and is in itself a remarkable manifestation of legal thought.

An Introduction to Islamic Law

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Author: Wael B. Hallaq

Publisher: Cambridge University Press

ISBN: 1139489305

Category: Law

Page: N.A

View: 5392

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

A History of Islamic Law

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Author: N. Coulson

Publisher: Routledge

ISBN: 9781138518261

Category: Islamic law

Page: 272

View: 2088

Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.

Natural Law and Natural Rights

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Author: John Finnis

Publisher: OUP Oxford

ISBN: 0191021547

Category: Law

Page: 512

View: 3203

First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

An Introduction to Comparative Law

The Framework

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Author: Konrad E. Zweigert,Hein Kötz

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 752

View: 6182

An Introduction to Comparative Lawfirst appeared in two volumes in 1987. Volume I discussed the nature of comparative law and then concentrated on a survey of the main features of the major groupings of the world's legal systems. Volume II focused on contract, tort, and unjust enrichment as major departments of private law. Now published for the first time in paperback, the two volumes have been combined into one to provide a comprehensive guide to the relationship between the world's legal systems.

An Introduction to Transnational Criminal Law

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Author: Neil Boister

Publisher: Oxford University Press

ISBN: 019251573X

Category: Law

Page: 512

View: 8186

National borders are permeable to all types of illicit action and contraband goods, whether it is trafficking humans, body parts, digital information, drugs, weapons, or money. Whilst criminals exist in a borderless world where territorial boundaries allow them to manipulate different markets in illicit goods, the authorities who pursue them can remain constrained inside their own jurisdictions. In a new edition of his ground-breaking work, Boister examines how states must cooperate to tackle some of the greatest security threats in this century so far, analyses to what extent vested interests have determined the course of global policy and law enforcement, and illustrates how responding to transnational crime itself becomes a form of international relations which reorders global political power and becomes, at least in part, an end in itself. Arguing that transnational criminal law is currently geared towards suppressing criminal activity, but is not as committed to ensuring justice, Boister suggests that it might be more strongly influenced by individual moral panics and a desire for criminal retribution than an interest in ensuring a proportional response to offences, protection of human rights, and the preservation of the rule of law.

Introduction to Middle Eastern Law

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Author: Chibli Mallat

Publisher: OUP Oxford

ISBN: 0191021725

Category: Law

Page: 504

View: 6065

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.

The Anthropology of Law

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Author: Fernanda Pirie

Publisher: Oxford University Press

ISBN: 0199696845

Category: Law

Page: 268

View: 8827

Questions about the nature of law, its relationship with custom, and the distinctive form of legal rules, categories, and reasoning, are placed at the centre of this introduction to the anthropology of law. It brings empirical scholarship within the scope of legal philosophy, while suggesting new avenues of inquiry for the anthropologist. Going beyond the functional and instrumental aspects of law that underlie traditional ethnographic studies of order and conflict resolution, The Anthropology of Law considers contemporary debates on human rights and new forms of property, but also delves into the rich corpus of texts and codes studied by legal historians, classicists, and orientalist scholars. Studies of the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. The coutumes of medieval Europe, the codes drawn up by tribal groups in Tibet and the Yemen, village laws on both sides of the Mediterranean, and the intricate codes of saga in Iceland provide rich empirical detail for the author's analysis of the cross-cultural importance of the form of law, as text or rule, and the relative marginality of its functions as an instrument of government or foundation of social order. Carefully-selected examples shed new light upon the interrelations and distinctions between law, custom, and justice. Gradually an argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth which lie at the heart of what we think of as law.

Islam: A Very Short Introduction

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Author: Malise Ruthven

Publisher: OUP Oxford

ISBN: 0199642877

Category: Religion

Page: 200

View: 7899

Islam features widely in the news, often in its most militant forms, but few people in the non-Muslim world really understand its nature. Malise Ruthven's Very Short Introduction, offers essential insights into the big issues, provides fresh perspectives on contemporary questions, and guides us through the complex debates.

An Introduction to the History and Sources of Jewish Law

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Author: Neil S. Hecht

Publisher: Oxford University Press

ISBN: 0198262620

Category: Law

Page: 466

View: 2496

Jewish law has a history stretching from the early period to the modern State of Israel, encompassing the Talmud, Geonic and later codifications, the Spanish Golden Age, medieval and modern response, the Holocaust and modern reforms. Fifteen distinct periods are separately studied in this volume, each one by a leading specialist, and the emphasis throughout is on the development of the institutions and sources of the law, providing teachers with the essential background material from which a variety of sources, from many different perspectives, may be taught. Most chapters are written to a common plan, with treatment of the political background of the period and the nature of Jewish judicial autonomy, the character (literary and legal) of the sources, the legal practice of the period, its principal authorities, and examples of characteristic features of the substantive law (especially in family law).

China and Islam

The Prophet, the Party, and Law

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Author: Matthew S. Erie

Publisher: Cambridge University Press

ISBN: 1316577996

Category: Law

Page: N.A

View: 3091

China and Islam examines the intersection of two critical issues of the contemporary world: Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian (unofficial) law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law.

History

An Introduction to Theory, Method and Practice

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Author: Peter Claus,John Marriott

Publisher: Taylor & Francis

ISBN: 1317409876

Category: History

Page: 498

View: 4283

Demystifying the subject with clarity and verve, History: An Introduction to Theory, Method and Practice familiarizes the reader with the varied spectrum of historical approaches in a balanced, comprehensive and engaging manner. Global in scope, and covering a wide range of topics from the ancient and medieval worlds to the twenty-first century, it explores historical perspectives not only from historiography itself, but from related areas such as literature, sociology, geography and anthropology. Clearly written, accessible and student-friendly, this second edition is fully updated throughout to include: An increased spread of case studies from beyond Europe, especially from American and imperial histories. New chapters on important and growing areas of historical inquiry, such as environmental history and digital history Expanded sections on political, cultural and social history More discussion of non-traditional forms of historical representation and knowledge like film, fiction and video games. Accompanied by a new companion website (www.routledge.com/cw/claus) containing valuable supporting material for students and instructors such as discussion questions, further reading and web links, this book is an essential introduction for all students of historical theory and method.

Natural Law, Laws of Nature, Natural Rights

Continuity and Discontinuity in the History of Ideas

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Author: Francis Oakley

Publisher: A&C Black

ISBN: 0826417655

Category: Philosophy

Page: 143

View: 9256

Choice Outstanding Academic Title 2006 The existence and grounding of human or natural rights is a heavily contested issue today, not only in the West but in the debates raging between "fundamentalists" and "liberals" or "modernists in the Islamic world. So, too, are the revised versions of natural law espoused by thinkers such as John Finnis and Robert George. This book focuses on three bodies of theory that developed between the thirteenth and seventeenth centuries: (1) the foundational belief in the existence of a moral/juridical natural law, embodying universal norms of right and wrong and accessible to natural human reason; (2) the understanding of (scientific) uniformities of nature as divinely imposed laws, which rose to prominence in the seventeenth century; and (3), finally, the notion that individuals are bearers of inalienable natural or human rights. While seen today as distinct bodies of theory often locked in mutual conflict, they grew up inextricably intertwines. The book argues that they cannot be properly understood if taken each in isolation from the others.

Shariah

What Everyone Needs to Know®

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Author: John L. Esposito,Natana J. DeLong-Bas

Publisher: Oxford University Press

ISBN: 0199325081

Category: Religion

Page: 240

View: 2373

Most Americans and Europeans have by now heard of Shariah. In the West, politicians, media commentators, televangelists, and others have stoked fears that Muslims intend to impose a repressive rule based on Shariah in America and Europe. Shariah has been portrayed as a medieval system that oppresses women, stifles human rights, and imposes harsh punishments like stoning and amputation. In reality, however, Shariah is a complex concept that has been interpreted in many ways over time and around the world. It plays a vital role in the lives of Muslims around the world, offering guidance on everything from personal morality to ritual practices, family life, and finance. In this timely addition to Oxford's What Everyone Needs to Know® series, John Esposito and Natana DeLong-Bas offer an accessible and thorough guide to this little-understood, but often caricatured system. The book provides clear and even-handed answers to a wide range of questions, covering the history, development, content, and practice of Shariah. What are its origins? What is a Shariah court and how does it work? How does a person become a Muslim in the eyes of Islamic law? Does Islamic law allow Muslims to marry non-Muslims? What are blasphemy laws, and how are they enforced? How does Islamic law govern trade and contracts of sale? Do Muslims in the West want Shariah Law? Is there a need to protect American and European societies from the imposition of Shariah? By answering the questions that so many people have about Shariah and its role in Muslim life, this book makes an invaluable contribution to the crucial task of fostering mutual understanding in our globalizing, pluralistic societies.

An Introduction to the Legal System of the United States

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Author: Edward Allan Farnsworth,Steve Sheppard

Publisher: N.A

ISBN: 0199733104

Category: Law

Page: 227

View: 2962

An excellent introduction or refresher in the United States legal system for all,especially students and foreign audiences.

Shariʻah law

an introduction

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Author: Mohammad Hashim Kamali

Publisher: Oneworld Pubns Ltd

ISBN: 9781851685653

Category: Religion

Page: 342

View: 1702

Providing a comprehensive and accessible examination of Shari'ah Law, this well considered introduction examines the sources, characteristic features and various schools of thought of a system often stereotyped for its severity in the West. Complete with a bibliography, glossary, and extensive index of Arabic quotations, this wide-ranging resource will prove an indispensable resource for Islamic students, and an informative guide to a complex topic for the general reader.

Anthropology of Law in Muslim Sudan

Land, Courts and the Plurality of Practices

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Author: Barbara Casciarri,Mohamed A. Babiker

Publisher: BRILL

ISBN: 9004362185

Category: Social Science

Page: 344

View: 5077

Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society.

International Human Rights in Context

Law, Politics, Morals : Text and Materials

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Author: Henry J. Steiner,Philip Alston,Ryan Goodman

Publisher: Oxford University Press, USA

ISBN: 019927942X

Category: Law

Page: 1492

View: 9787

The third edition of International Human Rights in Context continues to bring sophisticated and thought-provoking analysis to the study of human rights within its wider social and cultural context. This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. Within its conceptual framework, the book thoroughly covers the major topics of internationalhuman rights: the basic characteristics of international law; evolution of the human rights movement movement; civil, political, economic and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativisim; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. The third edition has been considerably revised and restructured to incoroprate new themes and topics including: human rights in relation to terrorism amd national security; responsibility of nonstate actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reforrm within UN human rights institution; theories about international organizations and their influence on state behavior. Its scope, challenging enquiries, and clarity make it the ideal companion for human rightsstudents, scholars, advocates and practitioners alike. Online Resource Centre The third edition will be accompanied by a new online resource centre which will house the Annex of Documents, allowing them to be updated between editions.

The Book of Mormon: A Very Short Introduction

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Author: Terryl L. Givens

Publisher: Oxford University Press

ISBN: 0199708940

Category: Religion

Page: 152

View: 3098

With over 140 million copies in print, and serving as the principal proselytizing tool of one of the world's fastest growing faiths, the Book of Mormon is undoubtedly one of the most influential religious texts produced in the western world. Written by Terryl Givens, a leading authority on Mormonism, this compact volume offers the only concise, accessible introduction to this extraordinary work. Givens examines the Book of Mormon first and foremost in terms of the claims that its narrators make for its historical genesis, its purpose as a sacred text, and its meaning for an audience which shifts over the course of the history it unfolds. The author traces five governing themes in particular--revelation, Christ, Zion, scripture, and covenant--and analyzes the Book's central doctrines and teachings. Some of these resonate with familiar nineteenth-century religious preoccupations; others consist of radical and unexpected takes on topics from the fall of Man to Christ's mortal ministries and the meaning of atonement. Givens also provides samples of a cast of characters that number in the hundreds, and analyzes representative passages from a work that encompasses tragedy, poetry, sermons, visions, family histories and military chronicles. Finally, this introduction surveys the contested origins and production of a work held by millions to be scripture, and reviews the scholarly debates that address questions of the record's historicity. Here then is an accessible guide to what is, by any measure, an indispensable key to understanding Mormonism. But it is also an introduction to a compelling and complex text that is too often overshadowed by the controversies that surround it. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

Philosophy of Law

A Very Short Introduction

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Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0199687005

Category: Law

Page: 150

View: 918

The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.