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Hindu Law
This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.
Modern Indian Family Law
This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.
Comparative Law in a Global Context
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Muslim Family Law
Providing the English reader with an introductory guide to the major aspects of Islamic law, this text places particular emphasis on the tensions between Muslim and English law. It discusses the sources of Islamic law, family inheritance, and contract and commercial law
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.
Interpreting Divorce Laws in Islam
This book explores how equality in the right to divorce for Muslim men and women is interpreted within different judicial and theoretical frameworks. It also analyzes the differences between legislation and judicial processes, with the legislation varying between several Muslim countries. The book represents these variations with a broad selection of contributors. Furthermore, the book highlights the dilemmas for Muslim women when facing Muslim divorce law in Western countries, where the legislation is typically mixed with other systems of law.
South Asians and the Dowry Problem
Collection of the main papers from three International Conferences on Dowry and Bride-Burning; the 1st and 2nd conferences were held at Harvard University in 1995 and 1996 and the 3rd at London University in 1997.
Legal Practice and Cultural Diversity
This collection considers how contemporary cultural and religious diversity challenges legal practice. Comparative in analysis, this study places particular cases in their widest context, taking into account international and transnational influences.
An Introduction to Islamic Law
The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
