Juridical Perspectives between Islam and the West

Juridical Perspectives between Islam and the West
Author: Federico Lorenzo Ramaioli
Publisher: Springer Nature
Total Pages: 296
Release: 2024-01-01
Genre: Political Science
ISBN: 303137844X

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This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".

Modern Perspectives on Islamic Law

Modern Perspectives on Islamic Law
Author: E. Ann Black
Publisher: Edward Elgar Publishing
Total Pages: 319
Release: 2013-01-01
Genre: Religion
ISBN: 0857934473

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'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

Islam and International Law

Islam and International Law
Author:
Publisher: Martinus Nijhoff Publishers
Total Pages: 488
Release: 2013-06-13
Genre: Religion
ISBN: 9004233369

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Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

The Justice of Islam

The Justice of Islam
Author: Lawrence Rosen
Publisher: Oxford University Press, USA
Total Pages: 258
Release: 2000
Genre: Law
ISBN: 9780198298847

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Using data ranging from the courts of North Africa to the treatment of Islam in American courts, these essays demonstrate the appeal of Islamic law in the lives of everyday adherents.

Islam and the West

Islam and the West
Author: The Emirates Center for Strategic Studies and Research
Publisher: Emirates Center for Strategic Studies and Research
Total Pages: 55
Release: 2012-03-14
Genre: Antiques & Collectibles
ISBN: 9948145305

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The interaction between the Muslim World and the West stretches back centuries and although the points of conflict are well known, the exchange of knowledge and cultural awareness cannot be under-estimated and their impact on both civilizations is palpable. Recent historical events have once again focused attention on perceived points of conflict and their associated negative connotations and the resultant criticisms and stereotypes of the West and Islam in general. By reaching back to the past we can sometimes find a way to pursue a more peaceful future, and past examples of cooperation and co-existence between the West and the Muslim World – if the historical context and perspective of these periods is taken into account – can offer a path to mutual understanding and respect. If we take the positive from the past and promote what we hold in common today, then the noise of extremism will always be held at bay. In order to examine these issues and provide an in-depth overview of the relationship between the West and the Muslim World, the Emirates Center for Strategic Studies and Research (ECSSR) held a Symposium under the title “Islam and the West: A Civilized Dialogue,” on May 16–17, 2011 in Abu Dhabi, hosting a group of distinguished experts from various academic, political and educational backgrounds in conjunction with the School of Policy and International Affairs at the University of Maine, United States. This book comprises a valuable collection of the papers presented at the Symposium. It identifies how relations between the West and the Muslim World have developed; where mutual interests meet and diverge; and prospects for peaceful co-existence. This book draws on the in-depth knowledge and varied opinions of its contributors who share a wealth of experience in all facets of inter-cultural awareness, European and Islamic history, contemporary international relations, media and education, and includes experts native to the Muslim World and the West as well as those who have chosen both regions as their adoptive homes.

Muslim Legal Pluralism in the West

Muslim Legal Pluralism in the West
Author: Ihsan Yilmaz
Publisher: Springer Nature
Total Pages: 208
Release:
Genre:
ISBN: 9819742609

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Religion and Law

Religion and Law
Author: Edwin Brown Firmage
Publisher: Eisenbrauns
Total Pages: 420
Release: 1990
Genre: History
ISBN: 9780931464393

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The papers presented in this volume were originally presented at a conference entitled "Religion and Law: Middle Eastern Influences on the West," sponsored by the Middle East Center of the University of Utah and the J. Reuben Clark Law School at Brigham Young Univerisity. The conference's aim was to explore the connection between religion, especially biblical religion, and law in the Ancient Middle East and to trace its development into the present. The special status of Islamic law is treated in several articles.

Islamic Divorce in the Twenty-First Century

Islamic Divorce in the Twenty-First Century
Author: Erin E. Stiles
Publisher: Rutgers University Press
Total Pages: 237
Release: 2022-09-16
Genre: Religion
ISBN: 197882906X

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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.

Justice

Justice
Author: Zafar Iqbal
Publisher:
Total Pages: 84
Release: 2007
Genre: Christianity and justice
ISBN:

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Meant for the general reader, this book gives a historical expose of the Western definitions of justice - mainly economic and social justice - from Plato to the modern day and compares it with the Islamic concept of justice. He draws upon the fundamental and central concepts of the Quran to the permanence and universality of that concept. He shows that the combination of adl (justice), qist (equity) and mizan (balance) goes towards creating that notion in comparison to the shifting definition of the Western conception which depends on which ideology is dominant.

International Human Rights and Islamic Law

International Human Rights and Islamic Law
Author: Mashood A. Baderin
Publisher: OUP Oxford
Total Pages: 302
Release: 2003-09-11
Genre: Law
ISBN: 0191021822

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This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.