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This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – ...
Islamic Divorce in the 21st Century takes a close look at the ways that Muslims from West Africa to Southeast Asia engage with and navigate Islamic law and other relevant norms during times of marital breakdown in light of twenty-first century challenges and development.
The public debate on Shariʿa councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shariʿa Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shariʿa councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space – holding in tension both the constraints of particular frameworks of power, and the realities of women’s agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.
While the pandemic has monopolised attention over the past two years, it's far from the only story, as tectonic changes continue on the world stage and the "great transition" picks up pace. As well as the traditional dynamics of international power, torn between US-China bipolarism and the ambitions of old and new regional actors, this Report explores the other major transitions taking place. Firstly, the economic transition of a world deeper and deeper in debt and now seeing the return of state intervention. Secondly, the transition of the democracies and international law, or more precisely, their dual "crisis" in the face of contrasting models. And thirdly, the environmental and digital transitions, which will be key features of the decades to come. Intertwining inextricably with each other, these transitions will shape the major trends in regional politics and, in turn, be shaped by them. That's why Italy and Europe are facing momentous challenges, which the ISPI Report 2022 strives to outline, to equip readers with a compass for a changing world.
The authoritative account of Islam's schism that for centuries has shaped events in the Middle East and the Islamic world. In 632, soon after the Prophet Muhammad died, a struggle broke out among his followers as to who would succeed him. Most Muslims argued that the leader of Islam should be elected by the community's elite and rule as Caliph. They would later become the Sunnis. Others—who would become known as the Shia—believed that Muhammad had designated his cousin and son-in-law Ali as his successor, and that henceforth Ali's offspring should lead as Imams. This dispute over who should guide Muslims, the Caliph or the Imam, marks the origin of the Sunni-Shii split in Islam. Toby Mat...
How have Muslim marriages legally ended around the turn of the 21st century? Who has the power to initiate and resist shari‘a derived divorce? When are husbands and wives made to bear the costs of their marital breakdown? What does divorce law indicate about the development of gender regimes in the Middle East and North Africa? This book opens with a description of the historical development of Islamic divorce in the MENA. Subsequent chapters follow a Syrian male judge, a Moroccan female legal advice worker and a Libyan female judge as they deal with divorce cases in which husbands, wives, their relatives and lawyers debate gender roles in contemporary Muslim marriages. MENA ‘state femin...
Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.
As the economies of East Asia grow ever stronger, their need for energy resources increases, which in turn compels closer relations with the countries of the Middle East. This book examines the developing relations between the countries of East Asia, especially China and Japan, with the countries of the Middle East. It looks at various key bilateral relationships, including with Iran and Syria, discusses the impact on the United States’ hegemony in both regions, considers whether the new relations represent a contribution to, or a threat to, peace and stability, and assesses the implications of the changes for patterns of regional and global international relations systems.
Whereas most studies of Islamism focus on politics and religious ideology, this book analyses the ways in which Islamism in the Arab world is defined, reflected, transmitted and contested in a variety of creative and other cultural forms. It covers a range of contexts of production and reception, from the early twentieth century to the present, and with reference to cultural production in and/or about Morocco, Algeria, Tunisia, Egypt, Yemen, the Gulf, Lebanon and Israel/Palestine. The material engaged with is produced in Arabic, English and French and includes fiction, autobiography, feature films, television series, television reportage, the press, rap music and video games. Throughout, the book highlights the multiple forms and contested interpretations of Islamism in the Arab world, exploring trends and tensions in the ways Islamism is represented to (primarily) Arab audiences and complicating simplistic perspectives on this phenomenon. The book considers repeated and idiosyncratic themes, modes of characterisation, motifs, structures of feeling and forms of engagement, in the context of an ongoing struggle for symbolic power in the region.