Women and Islamic Law in a Non-Muslim State
Women and Islamic Law in a Non-Muslim State

Author: Ahron Layish

Publisher: Routledge

Published: 2017-09-04

Total Pages: 342

ISBN-13: 1351471422

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This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Women and Islamic Law in a Non-Muslim State
Women and Islamic Law in a Non-Muslim State

Author: Aharon Layish

Publisher: Transaction Pub

Published: 1975

Total Pages: 369

ISBN-13: 9781412805841

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This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation? Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Women and Islamic Law in a Non-Muslim State
Women and Islamic Law in a Non-Muslim State

Author: Aharon Layish

Publisher: Transaction Pub

Published: 1975-01-01

Total Pages: 388

ISBN-13: 9780878551705

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This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation? Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel
Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel

Author: Ahmad Natour

Publisher: Rowman & Littlefield

Published: 2021-04-07

Total Pages: 223

ISBN-13: 1793640971

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The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.

Islamic Law in Africa
Islamic Law in Africa

Author: J N D Anderson

Publisher: Routledge

Published: 2013-10-15

Total Pages: 605

ISBN-13: 1134565062

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In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.

Islamic Fundamentalism in the West Bank and Gaza
Islamic Fundamentalism in the West Bank and Gaza

Author: Ziad Abu-Amr

Publisher: Indiana University Press

Published: 1994-03-22

Total Pages: 196

ISBN-13: 9780253208668

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As the Palestinian Liberation Organization engages in negotiations with Israel toward an interim period of limited Palestinian self-rule, this timely book provides an insider's view of how the growing hold of Islamic fundamentalism in the West Bank and Gaza challenges the peace process. Working from interviews with leaders of the movement and from primary documents, Ziad Abu-Amr traces the origin and evolution of the fundamentalist organizations Muslim Brotherhood (Hamas) and Islamic Jihad and analyzes their ideologies, their political programs, their sources of support, and their impact on Palestinian society. With a solid grasp of the dynamics of these movements, Abu-Amr charts the struggle between the fundamentalists and the PLO to define the identity of Palestinian society, its direction, and its leadership.

Politics of Piety
Politics of Piety

Author: Saba Mahmood

Publisher: Princeton University Press

Published: 2012

Total Pages: 267

ISBN-13: 0691149801

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An analysis of Islamist cultural politics through the ethnography of a thriving, grassroots women's piety movement in the mosques of Cairo, Egypt. Unlike those organized Islamist activities that seek to seize or transform the state, this is a moral reform movement whose orthodox practices are commonly viewed as inconsequential to Egypt's political landscape. The author's exposition of these practices challenges this assumption by showing how the ethical and the political are linked within the context of such movements.

Slave Soldiers and Islam
Slave Soldiers and Islam

Author: Daniel Pipes

Publisher: Daniel Pipes

Published: 1981

Total Pages: 278

ISBN-13: 0300024479

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De islamiske religiøse idealer medførte, at muslimerne ikke gerne engagerede sig i krig eller regeringsanliggender, hvorfor de gennem tiderne systematisk skaffede sig udenlandske slaver, som blev uddannet og anvendt som professionelle soldater, første gang omkring 815-820, f.eks. er det berømte tyrkiske janitscharkorps, der bestod af osmanniske elitesoldater, skabt i det sene 1300 tal af kristne krigsfanger.