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Islamic Law in Action
A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combini...
Constitutions in Authoritarian Regimes
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Minding their Place
Antonia Bosanquet’s Minding Their Place is the first full-length study of Ibn al-Qayyim’s (d. 751/1350) collection of rulings relating to non-Muslim subjects, Aḥkām ahl al-dhimma. It offers a detailed study of the structure, content and authorial method of the work, arguing that it represents the author’s personal composition rather than a synthesis of medieval rulings, as it has often been understood. On this basis, Antonia Bosanquet analyses how Ibn al-Qayyim’s presentation of rulings in Aḥkām ahl al-dhimma uses space to convey his view of religious hierarchy. She considers his answer to the question of whether non-Muslims have a place in the Abode of Islam, how this is defined and how his definition contributes to Ibn al-Qayyim’s broader theological world-view.
Democracy under God
State recognition of Islam in Muslim countries invites fierce debate from scholars and politicians alike, some of whom assume an inherent conflict between Islam and liberal democracy. Analyzing case studies and empirical data from several Muslim-majority countries, Ahmed and Abbasi find, counterintuitively, that in many Muslim countries, constitutional recognition of Islam often occurs during moments of democratization. Indeed, the insertion of Islam in a constitution is frequently accompanied by an expansion, not a reduction, in constitutional human rights, with case law from higher courts in Egypt and Pakistan demonstrating that potential tensions between the constitutional pursuit of human rights, liberal democracy and Islam are capable of judicial resolution. The authors also argue that colonial history was pivotal in determining whether a country adopted the constitutional path of Islam or secularism partly explaining why Islam in constitutional politics survived and became more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.
Studies in Global Animal Law
This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.
Protecting Animals Within and Across Borders
How can we protect animals more effectively, both at home and abroad, given the ongoing globalization of animal production? This book provides a catalogue of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. It offers top-down perspectives drawn from general international law and trade law, and complements them by a bottom-up up view from the perspective of animal law.
The New Middle East
The New Middle East critically examines the Arab popular uprisings of 2011-12.
On Theocratic Criminal Law
On Theocratic Criminal Law explores the roots and structures of the criminal law system of the world's most prominent constitutional theocracy, the Islamic Republic of Iran. While discussing the processes of forced de-westernization and de-modernization which occurred in the wake of the Islamic Revolution, this work examines how the Islamic conception of civil order and polity has been established within the legal and theological framework of the Iranian Constitution. The book engages in a process of 'rational reconstruction' of Iranian theocratic criminal law and offers a critical analysis of the way criminal law functions as the centrepiece of this mode of political domination. It illumina...
Modern Constitutions
More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution—written in 1787 and made effective in 1789—and the various French constitutions that first appeared in 1791. In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new const...
The Myth of the Andalusian Paradise
A finalist for World Magazine's Book of the Year! Scholars, journalists, and even politicians uphold Muslim-ruled medieval Spain—"al-Andalus"—as a multicultural paradise, a place where Muslims, Christians, and Jews lived in harmony. There is only one problem with this widely accepted account: it is a myth. In this groundbreaking book, Northwestern University scholar Darío Fernández-Morera tells the full story of Islamic Spain. The Myth of the Andalusian Paradise shines light on hidden history by drawing on an abundance of primary sources that scholars have ignored, as well as archaeological evidence only recently unearthed. This supposed beacon of peaceful coexistence began, of course,...
