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Anthropology of the Middle East and North Africa
This volume combines ethnographic accounts of fieldwork with overviews of recent anthropological literature about the region on topics such as Islam, gender, youth, and new media. It addresses contemporary debates about modernity, nation building, and the link between the ideology of power and the production of knowledge. Contributors include established and emerging scholars known for the depth and quality of their ethnographic writing and for their interventions in current theory.
Women Judges in the Muslim World
Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.
Family Law in Islam
In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."
International Law and Japanese Sovereignty
How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acu...
Towards Gender Equity in Development
As a result of widespread mistreatment and overt discrimination, women in the developing world often lack autonomy. This book explores key sources of female empowerment and discusses the current challenges and opportunities for the future.
Gender and Divorce Law in North Africa
Personal status laws remain a highly politicized area of debate in the Middle East, as the arena in which the contentious issues of women's rights, religion and minority groups meet. This is especially so when it comes to divorce. In Tunisia, with the moderate Islamist party Ennahda winning the first elections following the 2011 revolution, questions of religion in public life have gained greater primacy. The country is often hailed for its progressive personal status code, seen as an exception to the practice in many other Muslim countries. Polygamy is banned, for example, and in divorce cases there is gender equality. However, Tunisia's legal system contains many gaps and leaves much room ...
The Santillana Codes
This book examines the Santillana Codes, legal instruments which form a distinct class of uniquely African civil code and are still in force today in a legal arc that extends from the Maghreb to the Sahel. Stigall presents the history of Santillana’s seminal legislative effort and provides a comparative analysis of the substance of those codes, illuminating commonalities between Islamic law and European legal systems.
The Politics of Islamic Law
In "The Politics of Islamic Law" political scientist Iza Hussin offers a genealogy of contemporary Islamic law, a political analysis of elite negotiations over religion, state, and society in the British colonial period, and a history of current Muslim approaches to law, state, and identity. Hussin argues that Islamic law as it is legislated and debated throughout the Muslim world today is no longer the "shari ah" as it previously existed. She shows that shari ah an uncodified and locally administered set of legal institutions and laws with wide-ranging jurisdiction was transformed (not eradicated as some have argued) during the British colonial period into a codified, state-centered system ...
Die Brautgabe im Familienvermögensrecht
English summary: The dowry (in Islamic law mahr) is a key figure of classical Islamic marriage law, which was adopted in all Islamic countries. Nadjma Yassari investigates the basis of this legal institution, traces its historical development and contextualized it in the family estate law of Egypt, Iran, Pakistan and Tunisia. Although the legal connections between spouses have been steadily cultivated, the appeal of marriage law is fairly weak: the solidarity of newlyweds has hardly had time to be firmly established; important social pecuniary exchanges have not occurred. The dowry, therefore, still plays an important role in closing of any existing gaps in payment. This insight forms in con...
