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The first book to examine the critical area of land law from a feminist perspective, it provides an original and critical analysis of the gendered intersection between law and land; ranging land use and ownership in England and Wales to Botswana, Papua New Guinea and the Muslim world. The authors draw upon the diverse disciplinary fields of law, anthropology and geography to open up perspectives that go beyond the usually narrow topography and cartography of land law. Addressing an unorthodox variety of sites where questions of women's access and rights to land are raised, this book includes chapters on: shopping malls ancient monuments nature reserves housing estates the family home. An interdisciplinary and enlivening account of feminist perspectives on land law, it is an excellent addition to the bookshelves of students and researchers in legal studies, gender studies, social anthropology and social geography.
Unique in being written by feminists, in dealing with equity and trusts as a whole and in being written in the critical tradition, this collection of essays draws together both feminist and critical material.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.
First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
The essays in this volume fall within a chapter on one of the foundational law subjects on the degree syllabus, and aim to provide an account of feminist approaches to each of the following areas: contracts, torts, land law, equity and trusts, criminal law, public law, and European law.
In recent decades, the culture, society, politics, and economics of Bahrain have been transformed, driving its global ambitions while retaining to a degree the rule of law and cosmopolitanism. Islam and Capitalism in the Making of Modern Bahrain examines the transformation of Bahrain from the 1930s, from a regional trading port and then an important oil producer into the financial hub for the Gulf and into a global centre of Islamic finance. It focuses on the changes and tensions that transformation brought to Bahrain's political, legal, economic, religious, and social structures. In this book, Rajeswary Brown explores the rising force of youth populism driven by the persistence of poverty and unemployment, notably among rural Shi'ite communities and unemployed middle-class youth, as well as examining Bahrain's skillful reconciliation of the demands of Islamic faith, expressed in the Sharia, to the requirements of modern financial capitalism. In this, Bahrain's experience can be set against the modern history of much of the rest of the Middle East, most strikingly with respect to the position of Islamic charities, notably in Syria, comparisons of which are fully explored here.
Anthem of Misogyny: The War on Women in North Africa and the Middle East argues that misogyny—which operates through an interconnected network of ideologies, institutions, beliefs, aesthetics, and cultural trends—is too complex and too deep rooted to eradicate with superficial changes. Like a national anthem, misogyny in North Africa and the Middle East has acquired a sacred status. It is accepted uncritically and woven effortlessly into daily practices, creating a community of men of different ages, educational levels, and socioeconomic backgrounds who are united in their sense of entitlement to evaluate, scrutinize, deter, question, and expose women. For women, it is as if they are in ...
Using a 'Historical Institutionalist' approach, this book sheds light on a relatively understudied dimension of state-building in early twentieth century Iran, namely the quest for judicial reform and the rule of law from the 1906 Constitutional Revolution to the end of Reza Shah's rule in 1941.
This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.