The Rule of Law in the Arab World

The Rule of Law in the Arab World

Author: Nathan J. Brown

Publisher: Cambridge University Press

Published: 2006

Total Pages: 284

ISBN-13: 9780521030687

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Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses important questions about the nature of Egypt's judicial system and the reasons why such a system appeals to Arab rulers outside Egypt. From the theoretical perspective, it also contributes to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be widely read by scholars of the Middle East, students of law and colonial historians.


The Politics of Islamic Law

The Politics of Islamic Law

Author: Iza R. Hussin

Publisher: University of Chicago Press

Published: 2016-03-31

Total Pages: 360

ISBN-13: 022632348X

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In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.


Islam and the Rule of Justice

Islam and the Rule of Justice

Author: Lawrence Rosen

Publisher: University of Chicago Press

Published: 2018-03-13

Total Pages: 293

ISBN-13: 022651174X

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In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.


Islamic Law and Civil Code

Islamic Law and Civil Code

Author: Richard A. Debs

Publisher: Columbia University Press

Published: 2010-07-28

Total Pages: 215

ISBN-13: 0231520999

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Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.


Rulers, Religion, and Riches

Rulers, Religion, and Riches

Author: Jared Rubin

Publisher: Cambridge University Press

Published: 2017-02-16

Total Pages: 297

ISBN-13: 110703681X

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This book seeks to explain the political and religious factors leading to the economic reversal of fortunes between Europe and the Middle East.


Questioning Secularism

Questioning Secularism

Author: Hussein Ali Agrama

Publisher: University of Chicago Press

Published: 2012-11-02

Total Pages: 297

ISBN-13: 0226010686

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What, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In this work, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.


The Spirit of Islamic Law

The Spirit of Islamic Law

Author: Bernard G. Weiss

Publisher: University of Georgia Press

Published: 2006

Total Pages: 233

ISBN-13: 0820328278

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Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.


Islamic Marriage and Divorce Laws of the Arab World

Islamic Marriage and Divorce Laws of the Arab World

Author: Dawoud El-Alami

Publisher: BRILL

Published: 2023-12-18

Total Pages: 295

ISBN-13: 9004634975

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Whilst other works exist which examine the Islamic law of personal status, this is the first to set out in a single volume the laws relating to marriage and divorce in the Arab states, both codified and uncodified, in a manner which will enable the reader to look up the provisions of the law in specific areas and, where required, to compare the positions of the laws of different countries.


Land, Law and Islam

Land, Law and Islam

Author: Hilary Lim

Publisher: Zed Books Ltd.

Published: 2013-07-18

Total Pages: 247

ISBN-13: 1848137206

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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.


Christian Martyrs Under Islam

Christian Martyrs Under Islam

Author: Christian C. Sahner

Publisher: Princeton University Press

Published: 2020-03-31

Total Pages: 360

ISBN-13: 069120313X

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A look at the developing conflicts in Christian-Muslim relations during late antiquity and the early Islamic era How did the medieval Middle East transform from a majority-Christian world to a majority-Muslim world, and what role did violence play in this process? Christian Martyrs under Islam explains how Christians across the early Islamic caliphate slowly converted to the faith of the Arab conquerors and how small groups of individuals rejected this faith through dramatic acts of resistance, including apostasy and blasphemy. Using previously untapped sources in a range of Middle Eastern languages, Christian Sahner introduces an unknown group of martyrs who were executed at the hands of Muslim officials between the seventh and ninth centuries CE. Found in places as diverse as Syria, Spain, Egypt, and Armenia, they include an alleged descendant of Muhammad who converted to Christianity, high-ranking Christian secretaries of the Muslim state who viciously insulted the Prophet, and the children of mixed marriages between Muslims and Christians. Sahner argues that Christians never experienced systematic persecution under the early caliphs, and indeed, they remained the largest portion of the population in the greater Middle East for centuries after the Arab conquest. Still, episodes of ferocious violence contributed to the spread of Islam within Christian societies, and memories of this bloodshed played a key role in shaping Christian identity in the new Islamic empire. Christian Martyrs under Islam examines how violence against Christians ended the age of porous religious boundaries and laid the foundations for more antagonistic Muslim-Christian relations in the centuries to come.