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Books > Law > Other areas of law > Islamic law

Muslim personal law in South Africa - Evolution and future status (Paperback): Najma Noosa, Suleman Dangor Muslim personal law in South Africa - Evolution and future status (Paperback)
Najma Noosa, Suleman Dangor
R778 R658 Discovery Miles 6 580 Save R120 (15%) Ships in 4 - 8 working days

Muslim Personal Law in South Africa: Evolution and Future Status, the first South African book on the topic of Muslim personal law, introduces readers to the debate on the awarding of unique rights to specific communities. The recognition of Muslim personal law or Muslim family law has provoked debate within and beyond the Muslim community and has attracted the attention of religious scholars, academics and lawyers. The contributors to this volume touch on constitutional issues, concerns with the application of Muslim personal law by our courts, and the conflict between supporters and opponents of the draft Bill on Muslim Marriages. The non-recognition of Muslim marriages has compelled Muslim women who have suffered the dire consequences of divorce, maintenance and custody to approach the courts for relief. If Muslim personal law were to be recognised by the state, to what extent would it protect the rights of women? Will recent judgments establish precedents that might prove to be at odds with the draft Bill? This book provides fascinating insight into the evolution and prospects of Muslim personal law in South Africa.

Pragmatism in Islamic Law - A Social and Intellectual History (Paperback): Ahmed Fekry Ibrahim Pragmatism in Islamic Law - A Social and Intellectual History (Paperback)
Ahmed Fekry Ibrahim
R717 Discovery Miles 7 170 Ships in 7 - 11 working days

In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as ""pragmatic eclecticism,"" emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt's new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society's subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt's partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.

An Islamic Vision of Intellectual Property - Theory and Practice (Paperback): Ezieddin Elmahjub An Islamic Vision of Intellectual Property - Theory and Practice (Paperback)
Ezieddin Elmahjub
R841 Discovery Miles 8 410 Ships in 7 - 11 working days

For over a century, intellectual property (IP) regimes have been justified using Western philosophical theories rooted in the idea that IP must reward talent and maximize global stocks of knowledge and cultural products. Reframing IP in a context of legal pluralism, Ezieddin Elmahjub brings an Islamic and comparative narrative to the appropriate design and scope of IP rights, and in doing so criticizes the dominance of Western influence on a global regime that impacts the ability of people to access medicine, to read, to imagine, and to reshape popular culture. The Islamic vision of IP, which is based on a broad theory of social justice, maintains that IP cannot simply be seen as a reward for effort or tool to maximize economic efficiency but as one legal right within a complicated distributive scheme affecting fundamental human rights, equal opportunities, and human capabilities.

Family Court - Legal Culture and Modernity in Late Ottoman Palestine (Hardcover): Iris Agmon Family Court - Legal Culture and Modernity in Late Ottoman Palestine (Hardcover)
Iris Agmon
R919 Discovery Miles 9 190 Ships in 7 - 11 working days

This book challenges prevailing assumptions about family, courts of law, and the nature of modernity in Muslim societies against the backdrop of Haifa and Jaffa during ""the long nineteenth century"". The popular image of the family and the court of law in Muslim societies is one of traditional, unchanging social frameworks. Iris Agmon suggests an entirely different view, grounded in a detailed study of nineteenth-century Ottoman court records from the flourishing Palestinian port cities of Haifa and Jaffa. She depicts the Sharia Muslim court of law as a dynamic institution, capable of adapting to rapid and profound social changes - indeed, of playing an active role in generating these changes. Court and family interact and transform themselves, each other, and the society of which they form part. Agmon's book is a significant contribution to scholarship on both family history and legal culture in the social history of the Middle East.

Women of the Jordan - Islam, Labor, and the Law (Paperback, Annotated edition): Amira Sonbol Women of the Jordan - Islam, Labor, and the Law (Paperback, Annotated edition)
Amira Sonbol
R606 Discovery Miles 6 060 Ships in 7 - 11 working days

An incisive study of the past, present, and future of Jordanian and Palestinian women women and issues of employment education, human rights, Islamic law, and legal practice.

Focusing specifically on Jordanian and Palestinian women, Amira El-Azhary Sonbol shows the legal constraints extant in a number of legal codes, namely penal codes that permit violence against Muslim women and personal status laws that require a husband's permission for a woman to work. Leniency in honor crimes and early marriage and motherhood for girls are other factors which extend the patriarchal power throughout an Arab and Muslim woman's life, and ultimately deny her full legal competency.

Constitutions may declare all citizens equal before the eyes of the law, but labor, personal status, and criminal laws contradict this Significantly, Sonbol notes that social acceptance of these laws as "Islamic" constitutes a major problem in any effort to change them even though historically the Islamic Shari'a actually encourages women's work and throughout Islamic history Muslim women have contributed materially to their society's economy. In a book that will make an important contribution to the literature in the field Sonbol effectively illustrates how Jordanian laws controlling gender, family, and work combine with laws and legal philosophies derived from tribal, traditional, Islamic, and modern laws to form a strict patriarchal structure.

Toward An Islamic Reformation - Civil Liberties, Human Rights, and International Law (Paperback, New edition): Abdullahi Ahmed... Toward An Islamic Reformation - Civil Liberties, Human Rights, and International Law (Paperback, New edition)
Abdullahi Ahmed An-Naim
R427 R356 Discovery Miles 3 560 Save R71 (17%) Ships in 7 - 11 working days

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.

Islamic Law: A Very Short Introduction (Paperback): Mashood A. Baderin Islamic Law: A Very Short Introduction (Paperback)
Mashood A. Baderin
R127 R118 Discovery Miles 1 180 Save R9 (7%) Ships in 6 - 10 working days

Very Short Introductions: Brilliant, Sharp, Inspiring Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. It is applicable in different forms as part of state law in countries across the Middle East, Asia, and Africa, and also has a strong influence on Muslim communities throughout the Western world. This Very Short Introduction provides an authoritative perspective on the evolution and nature of Islamic law. Mashood A. Baderin considers its theory, covering the history and nature of Islamic jurisprudence; its scope, covering Family Law, Inheritance Law, Financial Law, Penal Law, and International Law; and, finally, its practice. He takes into account both classical and modern scholarly perspectives in examining the various facets of Islamic law, to provide an overview of this key legal system. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Understanding Sharia Processes - Women's Experiences of Family Disputes (Hardcover): Farrah Ahmed, Ghena Krayem Understanding Sharia Processes - Women's Experiences of Family Disputes (Hardcover)
Farrah Ahmed, Ghena Krayem
R2,053 Discovery Miles 20 530 Ships in 10 - 20 working days

The question of whether liberal states such as the United Kingdom, Canada, the United States and Australia should recognise sharia family law processes has attracted increasing debate and controversy in recent years. While the reasons for opposition to sharia processes are complex, they often feature the concern that sharia processes disadvantage Muslim women. However, to date there has been inadequate attention to the experiences of participants in sharia processes. The book will address two key questions namely; how liberal legal systems like Australia's should respond to sharia processes, and more specifically; how it can best respond to the needs of Muslim women who use these processes. In doing so, this book offers unique evidence to inform future policy developments in Australia that will also have implications for other liberal jurisdictions. In this way, this book makes a significant contribution to the international discussion and response to sharia processes.

An Introduction to Islamic Law (Paperback): Wael B. Hallaq An Introduction to Islamic Law (Paperback)
Wael B. Hallaq
R691 Discovery Miles 6 910 Ships in 10 - 20 working days

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

Modernizing Marriage - Family, Ideology, and Law in Nineteenth- and Early Twentieth-Century Egypt (Hardcover): Kenneth M. Cuno Modernizing Marriage - Family, Ideology, and Law in Nineteenth- and Early Twentieth-Century Egypt (Hardcover)
Kenneth M. Cuno
R925 Discovery Miles 9 250 Ships in 7 - 11 working days

In 1910, when Khedive Abbas II married a second wife surreptitiously, the contrast with his openly polygamous grandfather, Ismail, whose multiple wives and concubines signified his grandeur and masculinity, could not have been greater. That contrast reflected the spread of new ideals of family life that accompanied the development of Egypt's modern marriage system. Modernizing Marriage explores the evolution of marriage and marital relations, shedding new light on the social and cultural history of Egypt. Family is central to modern Egyptian history. Family in the ruling court did the "political work," and, indeed, the modern state began as a household government in which members of the ruler's household seved in the military and civil service. Cuno discusses political and sociodemographic changes that affected marriage and family life and the production of a family ideology by modernist intellectuals, who identified the family as a site crucial to social improvement, and for whom the reform and codification of Muslim family law was a principal aim. Throughout Modernizing Marriage, Cuno examines Egyptian family history in a comparative and transnational context, addressing issues of colonial modernity and colonial knowledge, Islamic law and legal reform, social history, and the history of women and gender.

Global Islam: A Very Short Introduction (Paperback): Nile Green Global Islam: A Very Short Introduction (Paperback)
Nile Green
R233 R193 Discovery Miles 1 930 Save R40 (17%) Ships in 10 - 20 working days

This book presents the first comprehensive survey of the multiple versions of Islam propagated across geographical, political, and cultural boundaries during the era of modern globalization. Showing how Islam was transformed through these globalizing transfers, it traces the origins, expansion and increasing diversification of Global Islam - from individual activists to organizations and then states - over the past 150 years. Historian Nile Green surveys not only the familiar venues of Islam in the Middle East and the West, but also Asia and Africa, explaining the doctrines of a wide variety of political and non-political versions of Islam across the spectrum from Salafism to Sufism. This Very Short Introduction will help readers to recognize and compare the various organizations competing to claim the authenticity and authority of representing the one true Islam.

Islamic Jurisprudence According to the Four Sunni Schools, Vol. 1 - Al-Fiqh 'Ala Al-Madhahib Al-Arba 'Ah (Paperback):... Islamic Jurisprudence According to the Four Sunni Schools, Vol. 1 - Al-Fiqh 'Ala Al-Madhahib Al-Arba 'Ah (Paperback)
'Abd al-Rahman al-Jaziri
R1,933 Discovery Miles 19 330 Ships in 7 - 11 working days

A translation of the first of four volumes, this detailed reference provides the four legal views of Islamic acts of worship according to the interpretations of more recent traditionalists rather than from a medieval perspective. Dealing with the forms of worship, the volume elucidates the laws concerning ritual purity, ritual prayers, fasting, spiritual retreats, and the pilgrimage to Mecca which are discussed in-depth. A comprehensive glossary of Islamic terminology is also included, making this foundational text an ideal selection for academic libraries or individuals interested in an essential manual for the performance of religious duties of Islam.

Disagreements of the Jurists - A Manual of Islamic Legal Theory (Hardcover): Al-Qadi Al-Nu'Man Disagreements of the Jurists - A Manual of Islamic Legal Theory (Hardcover)
Al-Qadi Al-Nu'Man; Translated by Devin Stewart; Foreword by John Coughlin, John Sexton
R995 Discovery Miles 9 950 Ships in 7 - 11 working days

Al-Qa?i al-Nu?man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids' principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi?i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma?ili tradition, the text also preserves several Islamic legal theoretical works no longer extant--including Ibn Dawud's manual, al-Wu?ul ila ma?rifat al-u?ul--and thus throws light on a critical stage in the historical development of Islamic legal theory (u?ul al-fiqh) that would otherwise be lost to history.

Islamic Law and International Human Rights Law (Paperback): Anver M Emon, Mark S. Ellis Islamic Law and International Human Rights Law (Paperback)
Anver M Emon, Mark S. Ellis; Benjamin Glahn
R1,121 Discovery Miles 11 210 Ships in 7 - 11 working days

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

Reliance of the Traveller - Classic Manual of Islamic Sacred Law (English, Arabic, Hardcover, Revised edition): Ahmad Ibn Naqib... Reliance of the Traveller - Classic Manual of Islamic Sacred Law (English, Arabic, Hardcover, Revised edition)
Ahmad Ibn Naqib Al-Misri; Translated by Nuh Ha Mim Keller
R1,325 R1,250 Discovery Miles 12 500 Save R75 (6%) Ships in 7 - 11 working days

This is a classic manual of fiqh rulings based on Shafi"i School of jurisprudence and includes original Arabic texts and translations from classic works of prominent Muslim scholars such as al Ghazali, al Nawawi, al Qurtubi, al Dhahabi and others. It is an indispensable reference for every Muslim or student of Islam who needs to research on Islamic rulings on daily Muslim life.

Principles of Islamic Jurisprudence (Paperback, 4th New edition): Mohammad Hashim Kamali Principles of Islamic Jurisprudence (Paperback, 4th New edition)
Mohammad Hashim Kamali
R676 R551 Discovery Miles 5 510 Save R125 (18%) Ships in 10 - 20 working days

This third edition of the best-selling title 'Principles of Islamic Jurisprudence' has been completely revised and substantially enlarged. In this work, Prof Kamali offers us the first detailed presentation available in English of the theory of Muslim law ('usul al-fiqh'). Often regarded as the most sophisticated of the traditional Islamic disciplines, Islamic jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the 'Sunna' - the precedent of the Prophet. Written as a university textbook, 'Principles of Islamic Jurisprudence' is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative jurisprudence.

Language and the Interpretation of Islamic Law (Paperback): Sukrija Husejn Ramic Language and the Interpretation of Islamic Law (Paperback)
Sukrija Husejn Ramic
R521 R429 Discovery Miles 4 290 Save R92 (18%) Ships in 10 - 20 working days

The importance of language and its use in legal reasoning in Islamic law is explored in this legal text. Covering such topics as linguistic principles and legal rulings, the clarity and ambiguity of linguistic terms, the general and specific qualities of words, and the ambiguity and clarity of selected terms, this linguistic study places the discussion of Islamic language and law into its context, introducing fundamental principles of Islamic jurisprudence and its development, branches, importance, and relationship with the other Islamic sciences. Readers will learn about the tools developed by Islamic scholars in making the law, the methods used in Islamic legislation, and the sources of Islamic law.

Islamic Law of the Sea - Freedom of Navigation and Passage Rights in Islamic Thought (Paperback): Hassan S. Khalilieh Islamic Law of the Sea - Freedom of Navigation and Passage Rights in Islamic Thought (Paperback)
Hassan S. Khalilieh
R696 Discovery Miles 6 960 Ships in 10 - 20 working days

The doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur'an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.

Women of the Jordan - Islam, Labor, and the Law (Hardcover, Annotated edition): Amira Sonbol Women of the Jordan - Islam, Labor, and the Law (Hardcover, Annotated edition)
Amira Sonbol
R1,124 Discovery Miles 11 240 Ships in 7 - 11 working days

An incisive study of the past, present, and future of Jordanian and Palestinian women women and issues of employment education, human rights, Islamic law, and legal practice.

Focusing specifically on Jordanian and Palestinian women, Amira El-Azhary Sonbol shows the legal constraints extant in a number of legal codes, namely penal codes that permit violence against Muslim women and personal status laws that require a husband's permission for a woman to work. Leniency in honor crimes and early marriage and motherhood for girls are other factors which extend the patriarchal power throughout an Arab and Muslim woman's life, and ultimately deny her full legal competency.

Constitutions may declare all citizens equal before the eyes of the law, but labor, personal status, and criminal laws contradict this Significantly, Sonbol notes that social acceptance of these laws as "Islamic" constitutes a major problem in any effort to change them even though historically the Islamic Shari'a actually encourages women's work and throughout Islamic history Muslim women have contributed materially to their society's economy. In a book that will make an important contribution to the literature in the field Sonbol effectively illustrates how Jordanian laws controlling gender, family, and work combine with laws and legal philosophies derived from tribal, traditional, Islamic, and modern laws to form a strict patriarchal structure.

Questioning Secularism - Islam, Sovereignty, and the Rule of Law in Modern Egypt (Paperback): Hussein Ali Agrama Questioning Secularism - Islam, Sovereignty, and the Rule of Law in Modern Egypt (Paperback)
Hussein Ali Agrama
R869 Discovery Miles 8 690 Ships in 7 - 11 working days

The central question of the Arab Spring - what democracies should look like in the deeply religious countries of the Middle East - has developed into a vigorous debate over these nations' secular identities. But what, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In "Questioning Secularism", 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. Drawing on a precedent-setting case arising from the family law courts - the last courts in Egypt to use Shari'a law - Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism's dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, "Questioning Secularism" lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.

An Islamic Vision of Intellectual Property - Theory and Practice (Hardcover): Ezieddin Elmahjub An Islamic Vision of Intellectual Property - Theory and Practice (Hardcover)
Ezieddin Elmahjub
R2,454 Discovery Miles 24 540 Ships in 7 - 11 working days

For over a century, intellectual property (IP) regimes have been justified using Western philosophical theories rooted in the idea that IP must reward talent and maximize global stocks of knowledge and cultural products. Reframing IP in a context of legal pluralism, Ezieddin Elmahjub brings an Islamic and comparative narrative to the appropriate design and scope of IP rights, and in doing so criticizes the dominance of Western influence on a global regime that impacts the ability of people to access medicine, to read, to imagine, and to reshape popular culture. The Islamic vision of IP, which is based on a broad theory of social justice, maintains that IP cannot simply be seen as a reward for effort or tool to maximize economic efficiency but as one legal right within a complicated distributive scheme affecting fundamental human rights, equal opportunities, and human capabilities.

Child Custody in Islamic Law - Theory and Practice in Egypt since the Sixteenth Century (Hardcover): Ahmed Fekry Ibrahim Child Custody in Islamic Law - Theory and Practice in Egypt since the Sixteenth Century (Hardcover)
Ahmed Fekry Ibrahim
R1,998 Discovery Miles 19 980 Ships in 7 - 11 working days

Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.

Pronouncing and Persevering - Gender and the Discourses of Disputing in an African Islamic Court (Paperback): Susan F. Hirsch Pronouncing and Persevering - Gender and the Discourses of Disputing in an African Islamic Court (Paperback)
Susan F. Hirsch
R723 Discovery Miles 7 230 Out of stock

The title of Susan Hirsch's study of disputes involving Swahili Muslims in coastal Kenya reflects the image of gender relations most commonly associated with Islamic law. Men need only "pronounce" divorce to resolve marital conflicts, while embattled and embittered wives must persevere by silently enduring marital hardships. But Hirsch's observations of Islamic courts uncover how Muslim women actively use legal processes to transform their domestic lives, achieving victories on some fronts but reinforcing their image as subordinate to men through the speech they produce in court.
"Pronouncing and Persevering" focuses closely on the language used in disputes, particularly how men and women narrate their claims and how their speech shapes and is shaped by gender hierarchy in postcolonial Swahili society. Based on field research and court testimony, Hirsch's book debunks the conventional view that women are powerless under Islamic law and challenges the dichotomies through which Islam and gender relations are currently understood.

Pragmatism in Islamic Law - A Social and Intellectual History (Hardcover): Ahmed Fekry Ibrahim Pragmatism in Islamic Law - A Social and Intellectual History (Hardcover)
Ahmed Fekry Ibrahim
R935 Discovery Miles 9 350 Ships in 7 - 11 working days

In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as "pragmatic eclecticism," emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt's new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenth-century Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society's subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt's partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.

The Iranian Constitutional Revolution and the Clerical Leadership of Khurasani (Hardcover): Mateo Mohammad Farzaneh The Iranian Constitutional Revolution and the Clerical Leadership of Khurasani (Hardcover)
Mateo Mohammad Farzaneh
R1,132 Discovery Miles 11 320 Ships in 7 - 11 working days

The Iranian Constitutional Revolution was the twentieth century's first such political movement in the Middle East. It represented a landmark in Iranian history because of the unlikely support it received from Shi'ite clerics who historically viewed Western concepts with suspicion, some claiming constitutionalism to be anti-Islamic. Leading the support was Muhammad Kazim Khurasani, the renowned Shi'ite jurist who conceived of a supporting role for the clergy in a modern Iranian political system. Drawing on extensive analysis of religious texts, fatwas, and articles written by Khurasani an other pro- and anti-constitutionalists, Farzaneh provides a comprehensive and illuminating interpretation of Khurasani's religious pragmatism. Despite some opposition from his peers, Khurasani used a form of jurisprudential reasoning when creating shari'a that was based on human intellect to justify his support of not only the Iranian parliament but also the political powers of clerics. He had a reputation across the Shi'ite community as a masterful religious scholar, a skillful teacher, and a committed humanitarian who heeded the people's socioeconomic and political grievances and took action to address them. Khurasani's push for progressive reforms helped to inaugurate a new era of clerical involvement in constitutionalism in the Middle East.

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