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Islam, Sharia and Alternative Dispute Resolution
The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.
Understanding Sharia
I.B.Tauris in association with the Institute of Ismaili Studies Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs. In addition to tracing the history of sharia, the book offers a ...
Islam, Sharia and Alternative Dispute Resolution
The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.
Into that Heaven of Freedom
This book captures the history of the South African Ismaili families and some of the people among whom they lived from 1894 to 1994, when the country attained its multiparty democracy following the release of Nelson Mandela. With 60 historical photographs, a family tree, and a facsimile of Mahatma Gandhi's letter to Velshi Keshavjee in 1938, this unique account is not only a multigenerational family history but also a history of the Asians of Africa over a hundred years.
Mediation and Dispute Resolution
Focussing on practical application of theory and strategy, this book is a comprehensive guide to help all mediators to develop their skills. It discusses new topics and challenges in the mediation process, including conjoint mediation and therapy, a mediator's practice in their personal life and a range of dispute contexts.
Comparative Dispute Resolution
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.
Migration, Diasporas and Legal Systems in Europe
At a time when issues concerning migration and the formation of diasporic communities have come to be critical for all European legal systems, this volume reflects, discusses and analyzes the questions raised by diasporas who have established themselves in Europe over more than fifty years of immigration and the challenges faced by legal systems in the light of continued migration. Contributors from a broad range of backgrounds address prominent issues ranging from legal pluralism among minorities, pressures on EU accession states, irregular migration, state control of family reunification and formation in light of human rights laws, challenges for citizenship and nationality laws and the implementation of visa rules and juxtaposed control zones. Besides the EU as a supranational legal order, the book contains discussion of conditions in the United Kingdom, Ireland, France, Spain, Gibraltar, Morocco, Greece, Turkey and Lithuania. This volume accompanies The Challenge of Asylum to Legal Systems and is the second book to emerge from the W.G Hart Legal Workshop held in 2004 at London's Institute for Advanced Legal Studies.
Cross-Border Family Mediation
Die 3. aktualisierte und erweiterte Auflage dieses Werks ist eine unverzichtbare Lektüre für erfahrene Familienmediatoren und alle anderen Fachleute, die mit grenzüberschreitenden Familienkonflikten und Kindesentführungsfällen zu tun haben. Eine Vielzahl von Beiträgen führender internationaler Expertinnen und Experten auf diesem Gebiet machen das Buch zu einer unschätzbaren Quelle, die unter anderem Folgendes bietet: Überblick über den einschlägigen internationalen Rechtsrahmen für solche Fälle Anleitung zu den besonderen Merkmalen grenzüberschreitender Familiensachen sowie den eingesetzten Methoden, Mediationsmodellen und Instrumenten Informationen zur Koordinierung der Mediat...
A Geo-Legal Approach to the English Sharia Courts
A Geo-Legal Approach to the English Sharia Courts: Cases and Conflicts adopts a new methodological perspective that combines Comparative Law with Geopolitics to understand the phenomenon of the English ‘sharia courts’. This term is used as a geopolitical representation of specific Islamic ADR institutions. The geo-legal analysis illustrates the competition of the legal systems involved and brings you in the middle of the related conflict, where (official and unofficial) legal rules are used by various actors to defend their ideas of Law and implement their strategies. Accordingly, the geo-legal operational analysis helps assess the possible changes occurring in the relationship between the legal systems and their substratum of values. Funding for the research associated with this book was provided by the University of Campania “Luigi Vanvitelli” – Dept. of Political Science and by the Italian Ministry of University and Research through the National Project (PRIN 2017 n. 20174EH2MR) on “International Migrations, State, Sovereignty, Human Rights: open legal issues” directed by Prof. Angela Di Stasi and Prof. Ida Caracciolo.
