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Law and Religion in Indonesia
  • Language: en
  • Pages: 241

Law and Religion in Indonesia

  • Type: Book
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  • Published: 2013-11-12
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  • Publisher: Routledge

Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes con...

Islam and the Law of Armed Conflict
  • Language: en

Islam and the Law of Armed Conflict

This important collection reveals a multiplicity of perspectives on the Islamic law of war and peace. Prefaced by an original introduction, the carefully selected works demonstrate how the concept of Jihad is interpreted or misinterpreted. They also examine the rules applicable during the conduct of armed conflict and the significance of peace and security within Islamic tradition. The collection provides valuable insights into the compatibility of the Islamic law of war and peace and the law of armed conflict, demonstrating how the former could minimise unnecessary human suffering during armed conflict. This book is an essential source of reference for everyone interested in this vital relationship.

Islamic Law and International Law
  • Language: en
  • Pages: 329

Islamic Law and International Law

  • Categories: Law
  • Type: Book
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  • Published: 2019
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  • Publisher: Unknown

Islamic Law and International Law provides a comprehensive comparison of the Islamic legal tradition and international law, especially in the context of dispute settlement. Do states of the Islamic milieu avoid international courts? How do they view mediation and arbitration? Is Islamic legal tradition incompatible with international law? The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular and religious laws fuse in domestic legal systems across the Islamic milieu. States are not Islamic to the same degree or in the same way. Consequently, different international conflict management methods appeal to different states.

Islamic Jurisprudence on the Regulation of Armed Conflict
  • Language: en

Islamic Jurisprudence on the Regulation of Armed Conflict

  • Type: Book
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  • Published: 2020
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  • Publisher: Unknown

In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a 'true' interpretation of the rules of regulation armed conflict in Islam. In a survey of formative and modern seminal legal works on the subject, the author offers a detailed examination of the internal deductive structures of those key juristic works on the subject and elaborates on different methodological inconsistencies in them to shed light on the role played by the socio-political context in the development of Islamic jurisprudence.

An Introduction to Islamic Law
  • Language: en
  • Pages: 209

An Introduction to Islamic Law

  • Categories: Law

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.

Islamic Law and the Law of Armed Conflict
  • Language: en
  • Pages: 190

Islamic Law and the Law of Armed Conflict

  • Categories: Law
  • Type: Book
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  • Published: 2011-03-03
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  • Publisher: Routledge

Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and th...

Islamic Law and the State
  • Language: en
  • Pages: 293

Islamic Law and the State

  • Categories: Law
  • Type: Book
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  • Published: 2023-08-21
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  • Publisher: BRILL

This book deals with an Ayyūbid-Mamlūk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Mamlūk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihād was the dominant hegemony, into the post-formative period during which taqlīd came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority. Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and the schools, the latter imposing limits on the executive authority of the state.

Islamic International Law
  • Language: en
  • Pages: 297

Islamic International Law

  • Categories: Law

Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the c...

Islamic Law and International Human Rights Law
  • Language: en
  • Pages: 2019

Islamic Law and International Human Rights Law

  • Categories: Law
  • Type: Book
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  • Published: 2012-10-11
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  • Publisher: OUP Oxford

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of ...

Law, Custom, and Statute in the Muslim World
  • Language: en
  • Pages: 298

Law, Custom, and Statute in the Muslim World

  • Type: Book
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  • Published: 2007
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  • Publisher: BRILL

This collective volume deals with the main components in the laws of Islamic societies, past and present: sharia, custom and statute. Covers a wide range of geographical areas, from the Balkans to Yemen, and from Iraq to the Maghrib -- Back cover.