The Long Divergence

The Long Divergence
Author: Timur Kuran
Publisher: Princeton University Press
Total Pages: 422
Release: 2012-11-11
Genre: Business & Economics
ISBN: 1400836018

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How religious barriers stalled capitalism in the Middle East In the year 1000, the economy of the Middle East was at least as advanced as that of Europe. But by 1800, the region had fallen dramatically behind—in living standards, technology, and economic institutions. In short, the Middle East had failed to modernize economically as the West surged ahead. What caused this long divergence? And why does the Middle East remain drastically underdeveloped compared to the West? In The Long Divergence, one of the world's leading experts on Islamic economic institutions and the economy of the Middle East provides a new answer to these long-debated questions. Timur Kuran argues that what slowed the economic development of the Middle East was not colonialism or geography, still less Muslim attitudes or some incompatibility between Islam and capitalism. Rather, starting around the tenth century, Islamic legal institutions, which had benefitted the Middle Eastern economy in the early centuries of Islam, began to act as a drag on development by slowing or blocking the emergence of central features of modern economic life—including private capital accumulation, corporations, large-scale production, and impersonal exchange. By the nineteenth century, modern economic institutions began to be transplanted to the Middle East, but its economy has not caught up. And there is no quick fix today. Low trust, rampant corruption, and weak civil societies—all characteristic of the region's economies today and all legacies of its economic history—will take generations to overcome. The Long Divergence opens up a frank and honest debate on a crucial issue that even some of the most ardent secularists in the Muslim world have hesitated to discuss.

Law and Islam in the Middle East

Law and Islam in the Middle East
Author: Daisy Hilse Dwyer
Publisher: Bloomsbury Publishing USA
Total Pages: 177
Release: 1990-09-18
Genre: Law
ISBN: 0313033676

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Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself, asserts Joseph Schacht the internationally renowed Islamic law scholar. Indeed, the primary place of law in Islam as well as the preponderance of the legal over the theological in Muslim thinking has long been recognized by both Muslim jurisprudents and by Western legal scholars. At a time when Islamic fundamentalism is flourishing, the relation of religion in and to law-related behavior needs to be scrutinized. In its eight chapters, contributed by various experts in the field and with a cogent introduction by editor Daisy Hilse Dwyer that focuses on the sources of law, the reasons for its centrality in the Middle East, and personal status law, this volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle Eastern nations. The dynamics of dispute settlement, the interaction of court personnel with litigants, the content of legislation, and the promulgation of public policies about law are detailed here as well as the power dynamics of law's interpersonal, intergroup, and international sides. Focusing on the specifics of contemporary politics and social life, the volume provides a baseline for understanding how, and the degree to which, the legal principles and the legal ethos elaborated in Islam centuries ago continue to provide a vital dynamic in legal behavior and thinking today. The first five chapters deal with the on-the-ground intricacies of personal status law. They detail the complex blend of options and constraints that Middle Easterners experience in confronting personal status issues and examine the different approaches to these issues by contrasting regional evironments and differentially empowered social groups. The last three chapters assess law in the public domain-an area in which the most striking recent applications of Islamic law have occurred. Law and Islam in the Middle East will be of particular value to international law experts, students of Islam, comparative law, and the Middle East, as well as practicing social scientists and others who seek a practical and philosophical understanding of how the spirit and letter of Islamic law constitute and reconstitute themselves with a fine-tuned responsiveness to a continuously changing nation and world.

The Long Divergence

The Long Divergence
Author: Timur Kuran
Publisher: Princeton University Press
Total Pages: 424
Release: 2012-11-11
Genre: Business & Economics
ISBN: 0691156417

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How religious barriers stalled capitalism in the Middle East In the year 1000, the economy of the Middle East was at least as advanced as that of Europe. But by 1800, the region had fallen dramatically behind—in living standards, technology, and economic institutions. In short, the Middle East had failed to modernize economically as the West surged ahead. What caused this long divergence? And why does the Middle East remain drastically underdeveloped compared to the West? In The Long Divergence, one of the world's leading experts on Islamic economic institutions and the economy of the Middle East provides a new answer to these long-debated questions. Timur Kuran argues that what slowed the economic development of the Middle East was not colonialism or geography, still less Muslim attitudes or some incompatibility between Islam and capitalism. Rather, starting around the tenth century, Islamic legal institutions, which had benefitted the Middle Eastern economy in the early centuries of Islam, began to act as a drag on development by slowing or blocking the emergence of central features of modern economic life—including private capital accumulation, corporations, large-scale production, and impersonal exchange. By the nineteenth century, modern economic institutions began to be transplanted to the Middle East, but its economy has not caught up. And there is no quick fix today. Low trust, rampant corruption, and weak civil societies—all characteristic of the region's economies today and all legacies of its economic history—will take generations to overcome. The Long Divergence opens up a frank and honest debate on a crucial issue that even some of the most ardent secularists in the Muslim world have hesitated to discuss.

Law in the Middle East

Law in the Middle East
Author: Majid Khadduri
Publisher:
Total Pages: 0
Release: 2010
Genre: Law
ISBN: 9781616191177

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Reprint of first and only edition. Originally published: Washington, D.C.: Middle East Institute, 1955. xviii, 395 pp. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. Reprint of Volume 1 [all published]. "The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will." Robert H. Jackson, Foreword, viii-ix. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam. Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.

Origin and Development of Islamic Law

Origin and Development of Islamic Law
Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 416
Release: 2008
Genre: Islamic law
ISBN: 1584778644

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The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.

The Law of the Near and Middle East

The Law of the Near and Middle East
Author: Herbert J. Liebesny
Publisher: State University of New York Press
Total Pages: 330
Release: 1975-06-30
Genre: History
ISBN: 1438410867

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A systematic survey of fundamental statements of Islamic and Near Eastern law that includes selections from the writings of classic Islamic scholars, contemporary works on legal theory, and modern Middle Eastern codes. No other accessible work brings together so many useful materials on the development of Islamic law, as does this volume based on translations from a variety of languages and numerous sources, all of which are identified. Because of the important role which law plays in Islamic culture, some acquaintance with legal developments is indispensible if one is to gain a rounded picture of Islamic culture.

Toward an Islamic Reformation

Toward an Islamic Reformation
Author: Abdullahi Ahmed An Na'im
Publisher: Syracuse University Press
Total Pages: 276
Release: 1996-07-01
Genre: Law
ISBN: 9780815627067

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Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.

Introduction to Middle Eastern Law

Introduction to Middle Eastern Law
Author: Chibli Mallat
Publisher: OUP Oxford
Total Pages: 504
Release: 2007-07-12
Genre: History
ISBN: 0191021725

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This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

Contracting Fear

Contracting Fear
Author: Khurram Dara
Publisher: Wipf and Stock Publishers
Total Pages: 117
Release: 2015-10-22
Genre: Religion
ISBN: 1498204139

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If you've ever read a news story about radical Islam, you've probably seen "sharia law" mentioned. But for something that is becoming increasingly prevalent in political rhetoric, it's hard to believe how little most people actually know about Islamic law. In this concise and instructive book, Khurram Dara explains not only the history and origins of Islamic law but also the interesting role it has played in the politics of the Middle East and Middle America. Challenging the conventional wisdom that Islamic law is rigid and permanent, Dara argues that the political and cultural realities of its formation suggest otherwise and should change how Islamic law is thought of and discussed in both the East and the West. Combining religious history with legal analysis, Contracting Fear explains Islamic law in the context of the global political climate today.

The Rule of Law in the Middle East and the Islamic World

The Rule of Law in the Middle East and the Islamic World
Author: Eugene Cotran
Publisher: I.B. Tauris
Total Pages: 200
Release: 2000-06-08
Genre: Religion
ISBN:

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Since the Universal Declaration of Human Rights, much attention has been focused on an international standard on human rights applicable to all cultures. But is this standard observed by Middle Eastern and Islamic governments and enforced by their judiciaries? In this country-by-country survey, a range of distinguished scholars, practitioners and judges explore how the concepts of ""the Rule of Law"" and ""Human Rights"" are being debated and applied in the Middle East.