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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.
Family Laws in Pakistan
This book provides the latest and updated account of the principles and practices of family laws in Pakistan. It is primarily based on the latest case law and statutes. The authors not only present systemically organised case law but also critically evaluate the leading judicial precedents.Various chapters of the book cover general principles of family law, demonstrate their application based on the facts of each case, trace patterns of developments in case law, rationalise conflicting judicial authorities, and propose law reform, wherever required. This is the first book that takesinto account personal laws of non-Muslims in Pakistan and covers the important issue of the conflict of personal laws.
The Asian Yearbook of Human Rights and Humanitarian Law
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 3 is Law, Gender and Sexuality.
Modern Challenges to Islamic Law
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
The Story of Constitutions
Adopts an interdisciplinary approach to trace the surprising story of written constitutions since the agricultural revolution of c.10,000 B.C.
Waqf Development and Innovation
Waqf is one of the most potent socio-economic tools for reducing public sector deficit and breaking the chain of intergenerational poverty. Providing a high-level discussion on waqf development and innovation within the context of modern socio-economic and legal developments, this book examines the importance and potentials of waqf and the issues relating to its legal and regulatory framework. The research delivers future directions for countries that plan to explore this socio-economic institution. Readers and policymakers will be able to replicate successful experiments and learn from some failed initiatives to seek alternative funding platforms to support the fiscal policies of developing...
Charity in Saudi Arabia
An innovative study of charity practices in Saudi Arabia, focusing on ordinary Saudis who provide charity to the poor and needy.
Research Handbook on Islamic Law and Society
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Islamic Divorce in the Twenty-First Century
Islamic Divorce in the 21st Century takes a close look at the ways that Muslims from West Africa to Southeast Asia engage with and navigate Islamic law and other relevant norms during times of marital breakdown in light of twenty-first century challenges and development.
Recasting Islamic Law
By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions ...
