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Toward the Reform of Private Waqfs
Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
Models of Religious Freedom
In this thesis, the US, Swiss, and Syrian models of religious freedom are illustrated in legal settings. The Analytical Representation comprises more than statements of positive law or mechanical comparison. Each chapter is introduced by thought-forms predominant in the respective legal culture. The objective of the Methodological Representation is to investigate the logic and legitimate pattern by which the US and Swiss judiciary come to the conclusion that an alleged interference is covered under the right to religious freedom. The last dimension, which is the Eclectic Representation, pursues a dual aim. Firstly, the idea is to develop an actual guideline of religious freedom rules, and secondly, to evaluate how much religious freedom is internalized in the US, Swiss, and Syrian legal systems. Dissertation. (Series: ReligionsRecht im Dialog - Vol. 12)
Approaches to the Study of Intercultural Transfer
"Approaches to the Study of Intercultural Transfer" presents a collection of compelling case studies in the areas of social reform, museums, philanthropy, football, nonviolent resistance and holiday rituals such as Christmas that demonstrate key mechanisms of intercultural transfers. Each chapter provides the application of the intercultural transfer studies paradigm to a specific and distinct historical phenomenon. The chapters not only illustrate the presence or even the depth and frequency of intercultural transfer, but also reveal specific aspects of the intercultural transfer of phenomena, the role of agents of intercultural transfer and the transformations of ideas transferred between cultures thereby contributing to our understanding of the mechanisms of intercultural transfers.
Behind Brothel Doors
Often overlooked, disregarded, or hidden from historical accounts due to its racy connotations, the prostitution industry was one of the most important factors in the development of the American West. The “oldest profession” fueled the economies of camps, towns, and cities as they grew.Sex workers, from common prostitutes to reigning madams such as Anna Wilson, Maggie Wood, and Big Ann Wynne, defied social norms to make sure their hometowns, and they themselves, were successful. Their reasons for entering the life varied, from women who could find no other way to make money to those who desired independence and wealth. In return they were ostracized, criticized, and subject to fines, jail, disease, drug addiction, violence, and unwanted pregnancies. While their success stories are many, others failed in their endeavors, their names buried with them when they died. Behind Brothel Doors chronicles the history of the nineteenth-century sex work industry in the Great Plains states of Kansas, Nebraska, and Oklahoma.
Empire of Purity
How the US crusade against prostitution became a tool of empire Between the 1870s and 1930s, American social reformers, working closely with the US government, transformed sexual vice into an international political and humanitarian concern. As these activists worked to eradicate prostitution and trafficking, they promoted sexual self-control for both men and women as a cornerstone of civilization and a basis of American exceptionalism. Empire of Purity traces the history of these efforts, showing how the policing and penalization of sexuality was used to justify American interventions around the world. Eva Payne describes how American reformers successfully pushed for international anti-tra...
Islamic Legal Thought
In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.
The Development of Modern Medicine in Non-Western Countries
The history of medicine in non-European countries has often been characterized by the study of their native "traditional" medicine, such as (Galenico-)Islamic medicine, and Ayurvedic or Chinese medicine. Modern medicine in these countries, on the other hand, has usually been viewed as a Western corpus of knowledge and institution, juxtaposing or replacing the native medicine but without any organic relation with the local context. By discarding categories like Islamic, Indian, or Chinese medicine as the myths invented by modern (Western) historiography in the aftermath of the colonial and post colonial periods, the book proposes to bridge the gap between Western and 'non-Western' medicines, ...
Policing Sexuality
“Brilliant. . . . [A] major contribution to the histories of sexuality and government surveillance” (Debby Applegate, Pulitzer Prize–winning author of The Most Famous Man in America). America’s first anti–sex trafficking law, the 1910 Mann Act, made it illegal to transport women over state lines for prostitution “or any other immoral purpose.” It was meant to protect women and girls from being seduced or sold into sexual slavery. But, as Jessica Pliley illustrates, its enforcement resulted more often in the policing of women’s sexual behavior, reflecting conservative attitudes toward women’s roles at home and their movements in public. Policing Sexuality links the crusade a...
Rediscovery and Revival in Islamic Environmental Law
For the first time, Sharia' and common law are compared from the perspective of environmental law to delve into their common grounds.
A Critique of Creative Shari'ah Compliance in the Islamic Finance Industry
Ahmad Alkhamees defines Creative Shari‘ah compliance as compliance with the letter but not the objectives of Shari‘ah. In recent years, Islamic finance industry practises have come under scrutiny, with strong critiques levelled against many institutions that claim to provide Shari‘ah-compliant products and services, which in fact undermine the spirit and the objectives of Shari‘ah. This book significantly contributes to the sphere of Islamic finance in three main ways. First, it critically appraises justifications of creative Shari‘ah compliance practises. Second, it examines how Shari‘ah supervisory board (SSB) governance practises, and the inconsistent fatwas issued by SSBs, contribute to the issue of creative Shari‘ah compliance. Most importantly, it suggests regulatory mechanisms which regulators can employ in Islamic countries such as Saudi Arabia and in secular countries such as the United Kingdom to deal with the issue of creative Shari‘ah compliance.
