Changing God s Law

Changing God   s Law

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East.

Author: Nadjma Yassari

Publisher: Routledge

ISBN: 9781317168638

Category: Law

Page: 290

View: 917

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.
Categories: Law

Changing God s Law

Changing God s Law

The dynamics of Middle Eastern family law Nadjma Yassari. Changing. God's. Law. This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East.

Author: Nadjma Yassari

Publisher: Routledge

ISBN: 9781317168645

Category: Law

Page: 290

View: 923

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.
Categories: Law

Applied Family Law in Islamic Courts

Applied Family Law in Islamic Courts

Islamic Law in Context Series Editor: Javaid Rehman, Brunel University, UK The Islamic Law in Context series addresses key ... Changing God's Law The Dynamics of Middle Eastern Family Law Edited by Nadjma Yassari Woman's Identity and ...

Author: Nahda Shehada

Publisher: Routledge

ISBN: 9781351586382

Category: Law

Page: 196

View: 330

Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
Categories: Law

Normativity and Diversity in Family Law

Normativity and Diversity in Family Law

The changes that the law undergoes may be deemed either too slow and conservative or, to the contrary, too rapid and in ... In: Yassari N (ed) Changing God's law – the dynamics of Middle Eastern family law. Islamic law in context.

Author: Nadjma Yassari

Publisher: Springer Nature

ISBN: 9783030831066

Category: Law

Page: 377

View: 309

With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
Categories: Law

Islamic Law and Society

Islamic Law and Society

Islamic Law in Context The Islamic Law in Context series addresses key contemporary issues and theoretical debates ... Changing God's Law The dynamics of Middle Eastern family law Edited by Nadjma Yassari Applied Family Law in Islamic ...

Author: Emine Enise Yakar

Publisher: Routledge

ISBN: 9781000456424

Category: Law

Page: 312

View: 256

This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.
Categories: Law

Islamic Law and International Commercial Arbitration

Islamic Law and International Commercial Arbitration

Islamic Law in Context Series Editor: Javaid Rehman Brunel University, UK The Islamic Law in Context series ... Changing God's Law The Dynamics of Middle Eastern Family Law Edited by Nadjma Yassari Applied Family Law in Islamic Courts ...

Author: Maria Bhatti

Publisher: Routledge

ISBN: 9780429888212

Category: Business & Economics

Page: 290

View: 394

This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
Categories: Business & Economics

International Law and Muslim States

International Law and Muslim States

Islamic Law in Context Series Editor: Javaid Rehman, Brunel University, UK The Islamic Law in Context series ... Changing God's Law The dynamics of Middle Eastern family law Edited by Nadjma Yassari Applied Family Law in Islamic Courts ...

Author: Dawood Adesola Hamzah

Publisher: Routledge

ISBN: 9781000424744

Category: Law

Page: 322

View: 459

This book analyses the general interaction between international law and Islamic law in the Muslim world today. It interrogates factors that often form the root of the tension between the two legal regimes. Literalist interpretations of Islamic law and the modern international law's disposition that does not give due consideration to differences among cultures and civilizations are some of these factors. This work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur’an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism, and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations, is faced with the imperative of adopting a liberal approach to interpretation of Islamic law, with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-à-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic law, international and comparative law, human rights law, and law and religion.
Categories: Law

Democracy in International Law Making

Democracy in International Law Making

The Islamic Law in Context series addresses key contemporary issues and theoretical debates related to the Sharia and ... Changing God's Law The dynamics of Middle Eastern family law Edited by Nadjma Yassari Applied Family Law in ...

Author: Salar Abbasi

Publisher: Routledge

ISBN: 9781000513813

Category: Law

Page: 208

View: 731

This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.
Categories: Law

Guide to International Legal Research

Guide to International Legal Research

The Marriage Contract in Islamic Law in the Shari'ah and Personal Status Laws of Egypt and Morocco. ... Research § 8.01[3][b][ii] (2019) [ii] Family Law—Current Sources Changing God's Law: The Dynamics of Middle Eastern Family Law.

Author: The George Washington International Law Review

Publisher: LexisNexis

ISBN: 9781522179498

Category: Law

Page:

View: 326

The Guide to International Legal Research is an authoritative and comprehensive reference tool for law students and practitioners. Authored annually by The George Washington International Law Review, the Guide is designed to assist both novices and professionals with their international legal research. Following an introduction by Professor Christopher J. Borgen, the Guide is organized into two parts. In the first part, chapters are divided by regions. Each regional chapter includes an overview of the geopolitical climate in that region and lists government resources, legal resources, media resources, and resources by topic. Where appropriate, these sources are subdivided by country. Many of the chapters discuss general multi-national organizations as well as international trade organizations and agreements that are specific to the region. The Guide also provides an overview of what each source covers and how it can be most effective. The second part of the Guide covers substantive areas of international law, including general international law, public health law, space law, human rights law, group rights, intellectual property, international trade, international business transactions, tax law, environmental law, labor law, and international security law, among other topics. Much like the regional sections, the substantive chapters begin with a section on international governance followed by a section on secondary sources pertinent to that subject area.
Categories: Law

Advancing the Legal Status of Women in Islamic Law

Advancing the Legal Status of Women in Islamic Law

segregation.13 Consequently, legal differences arise between the sexes in the social context of the family14 and include— ... “Marriage Contracts in Islamic Society”, in Changing God's Law: The Dynamics of Middle Eastern Family Law, ed.

Author: Mona Samadi

Publisher: BRILL

ISBN: 9789004446953

Category: Law

Page: 234

View: 455

Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Categories: Law