Islamic Law in Palestine and Israel

Islamic Law in Palestine and Israel

Author: Robert Eisenman

Publisher:

Published: 2015-06-02

Total Pages: 366

ISBN-13: 9780990868552

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Robert Eisenman's classic work, Islamic Law in Palestine and Israel: A History of the Survival of Tanzimat and Sharia, examines how Islamic law, such as Shari law, survived in Palestine and Israel in a pure form perhaps longer than in any other Ottoman successor state. It did this for a variety of reasons, chief among which are the innate conservatism of the British and the inability of the Israelis, particularly in the country's early days, to do much about it. Besides Lebanon and Gaza, only in Israel did those three great monuments of Islamic and Ottoman modernism: the Ottoman Law of Family Rights, the Ottoman Land Code, and the Mecelle-i Akham-i Adliye, survive simultaneously. Author, Robert Eisenman, traces this continuity from Ottoman times in terms understandable to both specialists, lawyers, and laypersons. The anomaly of Islamic laws', such as Sharia law, survival against the backdrop of British legal concepts and renascent Jewish nationalism is delineated completely. Detailed attention is also given to the effect, or non-effect, of such Israeli reforms in Women's Equal Rights Law on the Muslim community and on Islamic law, as well as to the creation of Israeli hybrid laws, such as the Land Law of 1969, and a new Israeli modernism. The situation in Israel today remains more or less the same. In some areas beyond the 1967 Green Lines, where Israeli Law has been applied, it is as described in this book. In others, which have not been annexed or where it has not, Jordanian Law for the most part still obtains.


Legal Pluralism in the Holy City

Legal Pluralism in the Holy City

Author: Dr Ido Shahar

Publisher: Ashgate Publishing, Ltd.

Published: 2015-09-28

Total Pages: 241

ISBN-13: 1409410528

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This book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The study is based on participant observations in the studied shari'a court in contemporary West Jerusalem, as well as on textual and legal analyses of court cases and rulings, and suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.


Legal Pluralism in Muslim Contexts

Legal Pluralism in Muslim Contexts

Author: Norbert Oberauer

Publisher: BRILL

Published: 2019-05-20

Total Pages: 268

ISBN-13: 9004398260

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Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. 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. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.


A Threshold Crossed

A Threshold Crossed

Author: Omar Shakir

Publisher:

Published: 2021

Total Pages: 217

ISBN-13:

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"The widely held assumption that the Israeli occupation of Palestinian territory is a temporary situation and that the 'peace process' will soon bring an end to Israeli abuses has obscured the reality on the ground today of Israel's entrenched discriminatory rule over Palestinians. A single authority, the Israeli government, rules primarily over the area between the Jordan River and Mediterranean Sea, populated by two groups of roughly equal size, methodologically privileging Jewish Israelis while repressing Palestinians, most severely in the Occupied Palestinian Territory (OPT), made-up of the West Bank, including East Jerusalem, and Gaza. Drawing on years of human rights documentation, case studies and a review of government planning documents, statements by officials and other sources, [this report] examines Israel's treatment of Palestinians and evaluates whether particular Israeli policies and practices in certain areas amount to the crimes against humanity of apartheid and persecution."--Page 4 of cover.


Identity and Religion in Palestine

Identity and Religion in Palestine

Author: Loren D. Lybarger

Publisher: Princeton University Press

Published: 2007

Total Pages: 298

ISBN-13: 9780691127293

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Islamism and secular nationalism -- Situating secular nationalism and Islamism in the Palestinian setting -- Palestinian Islamist mobilization in regional perspective -- Generation dynamics within social movements -- Generational transformation and Palestinian national identity -- The secular-nationalist milieu -- The ethos of Fathawi nationalism -- Social backgrounds -- Factors of mobilization -- Conceptions of the collective : retrievals and alterations -- Conclusion -- The Islamist milieu -- The structures and ethos of the Islamist milieu -- Social backgrounds -- Mobilization : events and structures -- Islamist conceptions of the collective -- Al-jihād fī sabīl al-nafs : the struggle for the soul -- Al-jihād fī sabīl al-siyāsa : the struggle for politics -- Al-jihād fī sabīl al-thawra : the struggle for the revolution -- Conclusion -- Thawra camp : a case study of shifting identities -- Setting, institutions, and ethos of Thawra camp -- Social backgrounds of the interlocutors -- Mobilization : events and structures -- Identity formation in the secular-nationalist milieu -- Identity formation in the Islamist milieu -- Hierarchies of solidarity -- Sheer secularism : al-lībrāliyyīn -- Islamic secularism -- Liberal Islamism -- Sheer Islamism -- Conclusion -- Karama Camp : Islamist-secularist dynamics in the Gaza Strip -- Karama Camp and post-Oslo Gaza -- The camp -- The Gaza Strip -- The Asdudis : social backgrounds and paths of political mobilization -- Conceptions of the collective order -- ʻAbd al-muʼmin's Islamism -- Abu Jamil and "traditionalist nationalism" -- Islam without the Islamists : Latif, Imm Muhammad, and Abu Qays -- Conclusion -- Epilogue -- References -- Index.


The Statehood of Palestine

The Statehood of Palestine

Author: John Quigley

Publisher: Cambridge University Press

Published: 2010-09-06

Total Pages:

ISBN-13: 1139491245

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Palestine as a territorial entity has experienced a curious history. Until World War I, Palestine was part of the sprawling Ottoman Empire. After the war, Palestine came under the administration of Great Britain by an arrangement with the League of Nations. In 1948 Israel established itself in part of Palestine's territory, and Egypt and Jordan assumed administration of the remainder. By 1967 Israel took control of the sectors administered by Egypt and Jordan and by 1988 Palestine reasserted itself as a state. Recent years saw the international community acknowledging Palestinian statehood as it promotes the goal of two independent states, Israel and Palestine, co-existing peacefully. This book draws on evidence from the 1924 League of Nations mandate to suggest that Palestine was constituted as a state at that time. Palestine remained a state after 1948, even as its territory underwent permutation, and this book provides a detailed account of how Palestine has been recognized until the present day.


The Wall and the Gate

The Wall and the Gate

Author: Michael Sfard

Publisher: Metropolitan Books

Published: 2018-01-23

Total Pages: 528

ISBN-13: 1250122708

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"A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court―that is, in the court of the abuser. [This book] chronicles this struggle―a story that has never before been fully told― and in the process engages the core principles of human rights legal ethics. [The author] recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings―all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself."--


A History of Jewish-Muslim Relations

A History of Jewish-Muslim Relations

Author: Abdelwahab Meddeb

Publisher: Princeton University Press

Published: 2013-11-27

Total Pages: 1153

ISBN-13: 1400849136

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The first encylopedic guide to the history of relations between Jews and Muslims around the world This is the first encyclopedic guide to the history of relations between Jews and Muslims around the world from the birth of Islam to today. Richly illustrated and beautifully produced, the book features more than 150 authoritative and accessible articles by an international team of leading experts in history, politics, literature, anthropology, and philosophy. Organized thematically and chronologically, this indispensable reference provides critical facts and balanced context for greater historical understanding and a more informed dialogue between Jews and Muslims. Part I covers the medieval period; Part II, the early modern period through the nineteenth century, in the Ottoman Empire, Africa, Asia, and Europe; Part III, the twentieth century, including the exile of Jews from the Muslim world, Jews and Muslims in Israel, and Jewish-Muslim politics; and Part IV, intersections between Jewish and Muslim origins, philosophy, scholarship, art, ritual, and beliefs. The main articles address major topics such as the Jews of Arabia at the origin of Islam; special profiles cover important individuals and places; and excerpts from primary sources provide contemporary views on historical events. Contributors include Mark R. Cohen, Alain Dieckhoff, Michael Laskier, Vera Moreen, Gordon D. Newby, Marina Rustow, Daniel Schroeter, Kirsten Schulze, Mark Tessler, John Tolan, Gilles Veinstein, and many more. Covers the history of relations between Jews and Muslims around the world from the birth of Islam to today Written by an international team of leading scholars Features in-depth articles on social, political, and cultural history Includes profiles of important people (Eliyahu Capsali, Joseph Nasi, Mohammed V, Martin Buber, Anwar Sadat and Menachem Begin, Edward Said, Messali Hadj, Mahmoud Darwish) and places (Jerusalem, Alexandria, Baghdad) Presents passages from essential documents of each historical period, such as the Cairo Geniza, Al-Sira, and Judeo-Persian illuminated manuscripts Richly illustrated with more than 250 images, including maps and color photographs Includes extensive cross-references, bibliographies, and an index