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Shariah
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 ...
The Politics of Horror
The Politics of Horror features contributions from scholars in a variety of fields—political science, English, communication studies, and others—that explore the connections between horror and politics. How might resources drawn from the study of politics inform our readings of, and conversations about, horror? In what ways might horror provide a useful lens through which to consider enduring questions in politics and political thought? And what insights might be drawn from horror as we consider contemporary political issues? In turning to horror, the contributors to this volume offer fresh provocations to inform a broad range of discussions of politics.
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...
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...
Introduction to Islamic Law
“The world today has become one large village. Muslims and non-Muslims live side by side and have to learn about one another, share commonalities and respect differences. At this time more than one and a half billion Muslims live in this village. Some of them are pious Muslims, trying to live in accordance with Islamic rules, whereas others do not while believing that these rules come from God (the Qur’an), from interpretations of His Messenger (the Sunnah) or the consensus of Muslim jurists (ijmâ‘), and are at least rules derived via analogy (qiyâs) from the main sources of Islam. Most Muslims think along these lines and agree with the above. The reader should remember that Muslim i...
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.
The Contemporary Islamic Governed State
This book offers a normative reconceptualization of a modern Islamic governed state. First, Joseph Kaminski surveys the historical context of the trajectory of Islamic thought, and offers a unique discursive framework for reconceptualizing an Islamic governed state that rejects secular Enlightenment liberalism and instead is heavily grounded in Ancient Greek ideals of politics and political leadership. Despite heavily borrowing from Greek thought, the model offered remains firmly rooted in a Shari’ah-based, discursive ontological framework. The volume explores topics of bureaucracy, law, democracy, women in politics, and economic justice. Further, this volume presents case studies from Turkey, Egypt, Tunisia, and Malaysia, and utilizes the presented theoretical framework as a lens for analysis.
Fact-Finding without Facts
Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.
Cartography
Cartography describes Katherine Schifani's time deployed in Iraq as a counterterrorism advisor with U.S. Special Forces in 2011. It is the story of one woman mapping the terra incognita of Iraq with questionable interpreters, nonexistent guidance, and an unclear purpose. It's the story of a gay woman serving under the military's Don't Ask, Don't Tell policy who realizes that the policy repeal she has long awaited is so overshadowed by a hostile environment that remaining closeted is more critical than ever. At the heart of Cartography is Schifani's quest to understand the Iraqi landscape and the Special Forces culture of American men she worked alongside as a gay woman and a member of the air force. Her memoir examines both the perils of being undertrained and underequipped to perform the job assigned to her in her role as an advisor and some of the unique situations--good and bad--her gender created in such an irregular combat environment. Schifani's deployment was an exercise in exploration, observation, and navigating a wholly foreign land.
A Bibliography of Islamic Criminal Law
In A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline A Bibliography of Islamic Criminal Law covers, in its thematic section, not only the classical crime categories of ḥudūd, qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section dedicated to countries and eras, Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular. See also A Bibliography of Islamic Criminal Law, Supplement.
