Muslim Legal Pluralism in the West

Muslim Legal Pluralism in the West
Author: Ihsan Yilmaz
Publisher: Palgrave Macmillan
Total Pages: 0
Release: 2024-08-28
Genre: Religion
ISBN: 9789819742592

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This book is a comprehensive introductory text to the subject of Western Muslims’ diverse interpretations, discussions and practices of Shari’a with a particular focus on their daily lives in the West. Through a series of interconnected chapters, the book navigates key themes such as Shari’a and legal pluralism, Shari’a vis-à-vis the experiences and political participation of Muslims in Western democracies, the role of religious scholars, the dynamics of Shari’a courts, Shari’a and multiple belongings, and transnational loyalties. Functioning as a comprehensive reader and handbook, the book offers non-experts a comprehensive understanding of the meaning and relevance of Shari’a in Western contexts, exploring how Muslims interpret and apply its principles in their lived experiences and challenging the one-dimensional narratives.

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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Muslim Laws, Politics and Society in Modern Nation States

Muslim Laws, Politics and Society in Modern Nation States
Author: Ihsan Yilmaz
Publisher: Routledge
Total Pages: 285
Release: 2016-12-05
Genre: Law
ISBN: 1351916246

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Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.

Legal Pluralism in Muslim Contexts

Legal Pluralism in Muslim Contexts
Author: Norbert Oberauer
Publisher: BRILL
Total Pages: 268
Release: 2019-05-20
Genre: Law
ISBN: 9004398260

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Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

Legal Pluralism and Shari’a Law

Legal Pluralism and Shari’a Law
Author: Adam Possamai
Publisher: Routledge
Total Pages: 136
Release: 2016-04-08
Genre: Political Science
ISBN: 1134922205

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Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Sharī‘a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Sharī‘a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.

Women and Shari'a Law

Women and Shari'a Law
Author: Elham Manea
Publisher: Bloomsbury Publishing
Total Pages: 320
Release: 2016-05-27
Genre: Religion
ISBN: 1786730227

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In response to recent media controversy and public debate about legal pluralism and multiculturalism, Manea argues against what she identifies as the growing tendency for people to be treated as 'homogenous groups' in Western academic discourse, rather than as individuals with authentic voices. Building on her knowledge of the situation for women in Middle Eastern and Islamic countries, she undertakes first-hand analysis of the Islamic shari'a councils and Muslim arbitration tribunals in various British cities. Based on meetings with the leading sheikhs - including the only woman on their panels - as well as interviews with experts on extremism, lawyers and activists in civil society and women's rights groups, Manea offers an impassioned critique of legal pluralism, connecting it with political Islam and detailing the lived experiences of women in Muslim communities.

Legal Pluralism in the Arab World

Legal Pluralism in the Arab World
Author: Baudouin Dupret
Publisher: BRILL
Total Pages: 308
Release: 1999-01-01
Genre: Law
ISBN: 9789041111050

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Legal pluralism: Ziad Bahaa-Eldin.

Religious Pluralism and Islamic Law

Religious Pluralism and Islamic Law
Author: Anver M. Emon
Publisher: Oxford University Press
Total Pages: 382
Release: 2012-07-26
Genre: Law
ISBN: 0199661634

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Analysing the rules governing the treatment of foreigners in Islam and situating them in their historical, political, and legal context, this book sets out a new framework for understanding these rules as part of a wider problem of governing through law amidst pluralism.

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".

Pluralism, Transnationalism and Culture in Asian Law

Pluralism, Transnationalism and Culture in Asian Law
Author: Gary F Bell
Publisher: Flipside Digital Content Company Inc.
Total Pages: 290
Release: 2018-02-14
Genre: Law
ISBN: 9814786675

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This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.