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Understanding Islamic Law
Ramadan brings together essays to explain the history of Islamic law and its role in the contemporary world.
Contemporary Ijtihad
The book examines the challenges and limits of contemporary ijtihad in the context of diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents, including Europe and North America.
Islamic Public Law - Islamic Law in Theory and Practice
“Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legisl...
War and Law in the Islamic World
A three-part investigation on the origins and evolving roles that Islamic law and international humanitarian law have played in regulating conflict and violence, War and Law in the Islamic World brings to light legal and policy complexities that plague modern-day armed conflict in the region.
Islamic Commercial Law
Islamic Commercial Law: Contemporariness, Normativeness and Competence offers new perspectives on why for centuries Islamic commercial law has been perceived as arbitrary and unpredictable, and on its evolution to a contemporary, consistent, reliable and credible body of law. The book also examines why Western positivists have viewed Islamic commercial law in a simplistic or archaic religious framework and counters those arguments with an examination of its normative legal qualities. The work analyses the competencies of Fiqh (jurisprudence) for structuring new financial instruments, and restructuring conventional financial products more equitability.
Juridical Perspectives between Islam and the West
This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western leg...
Advancing the Legal Status of Women in Islamic Law
Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Muslim Divorce in the Middle East
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...
Manufacturing Phobias
Fear is a powerful emotion and a formidable spur to action, a source of worry and - when it is manipulated - a source of injustice. Manufacturing Phobias demonstrates how economic and political elites mobilize fears of terrorism, crime, migration, invasion, and infection to twist political and social policy and advance their own agendas. The contributors to the collection, experts in criminology, law, sociology, and politics, explain how and why social phobias are created by pundits, politicians, and the media, and how they target the most vulnerable in our society. Emphasizing how social phobias reflect the interests of those with political, economic, and cultural power, this work challenges the idea that society's anxieties are merely expressions of individual psychology. Manufacturing Phobias will be a clarion call for anyone concerned about the disturbing consequences of our culture of fear.
Reconstructing Jury Instructions in Homicide Offenses
This book offers critical analysis for jury instructions in the United States. Supported by court decisions, careful interpretation of the United States Constitution, and jurist's arguments, Hisham M. Ramadan thoroughly examines the mental elements in crime, the burden of proof in criminal trials, and the doctrine of reasonableness.
