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Debating the Law, Creating Gender
In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing “law in the making” and the shifts in debates (2012–2018). In 2012, a ruling on khulʿ-divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to “harmonize” international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
State Law as Islamic Law in Modern Egypt
This volume explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic sharīʿa and discusses its impact on Egypt’s constitutional jurisprudence. The author, who is trained in Islamic intellectual history and comparative law, begins by examining the evolution of Sunni Islamic legal theory and describes competing theories of Islamic law that co-exist in modern Egypt. The book then explores how the Supreme Constitutional Court of Egypt has developed its own approach to interrpreting sharīʿa—one that permits the Court to argue that sharī‘a principles are consistent with international human rights norms. The book concludes with a discussion of the public reception of the Court’s theory. This book will be essential for anyone interested in the evolution of Islamic law, the development of constitutional thought in the Middle East, or the relationship between Islam and human rights.
The Challenge of Political Islam
The rise of political Islam has provoked considerable debate about the compatibility of democracy, tolerance, and pluralism with the Islamist position. As The Challenge of Political Islam reveals, Egyptian Islamists today are more integrated into the political arena than ever, and are voicing a broad spectrum of positions, including a vision of Islamic citizenship more inclusive of non-Muslims. Based on Islamist writings, political tracts, and interviews with Islamists—including members of Egypt's Muslim Brotherhood and other important contemporary thinkers—this book looks closely at how modern, politically-oriented Egyptian Islamists perceive non-Muslims in an Islamic state and how non-Muslims respond. Clarifying the movement's aims, this work uncovers how Islamists have responded to the pressures of modernity, the degree to which the movement has been influenced by both a historical Islamic framework and Western modes of political thinking, and the necessity to reconsider the notion that secularism is a precondition for toleration.
Freedom of Expression in Islam
In Muslim countries, apostasy and blasphemy laws are defended on the grounds that they are based on Islamic Shari'a and intended to protect religion. But blasphemy and apostasy laws can be used both to suppress thought and debate and to harass religious minorities, both inside and outside Islam. This book – comprising contributions from Muslim scholars, experts and activists - critically and constructively engages with the theological, historical and legal reasoning behind the most restrictive state laws around the world to open up new ways of thinking. The book focuses on the struggle within Muslim societies in Iran, Egypt, Pakistan and Indonesia where blasphemy and apostasy laws serve po...
The Governance of Legal Pluralism
Law is considered by lawyers and sociologists to be at the very center of social integration in Western societies, whereas social anthropological discourses regard law as marginal in non-Western societies. Empirical studies of multi-sited legal frameworks in many post-colonial political settings demonstrate the difficulties to achieve any predictable mode of governance, much less "good governance." This book challenges both the marginalization of legal arrangements and discourses in social anthropology, as well as the marginalization of legal anthropology within social anthropology. It combines the related fields of Political and Legal Anthropology in order to contribute towards a meaningful (re)integration of the anthropology of law into the mainstream of social anthropology. (Series: Ethnologie: Forschung und Wissenschaft - Vol. 12)
Islam and the Uncertainty Principle
In his inauguration lecture as professor of Islam in the Contemporary West, prof. dr. Maurits S. Berger, LLM of Leiden University highlights some of the complications of studying this particular subject. Until recently the study of Islam meant a trip to the library or some faraway exotic land. But now Islam is here, in the West. Berger takes the audience along the many recent Islamic 'incidents' that have taken place in Western countries, ranging from the shariah courts in England and Canada and Islamic schools in the Netherlands to the refusal to shake hands and the deep-rooted mutual fears and prejudices. He analyzes the mechanics of action and reaction and demonstrates how they often needlessly perpetuate in negative cycles. Nonetheless, in the long term his predictions for the future are not very somber, but he voices two personal concerns: the growing custom to name one another 'Muslim' and 'non-Muslim' and the increasing tendency to take judicial positions in differences that are essentially social and political.
A Brief History of Islam in Europe
This book gives an overall presentation and discussion of the interaction between Europe and Islam ever since Islam appeared on the European stage thirteen centuries ago. The events and stories presented are to serve the understanding of present debates on, and notions of, Islam and Muslims in Europe. 0The leading questions in discussing the role of Islam in Europe are: how and in what ways did Europeans and Muslims interact and, for those Europeans who had never met a Muslim, what was their image of Islam, and how did they study the Muslim? Notions of religion, (in)tolerance and Othering are guiding themes.0This book shows that in the course of thirteen centuries the Muslim as well as Islam has undergone many metamorphoses. The Muslim in Europe has been a conqueror, antichrist, scholar, benign ruler, corsair, tradesman and fellow citizen. The image of Islam has meandered accordingly, as a religion that was feared as an enemy or embraced as a partner against heretic Christians, despised as an abomination or admired as a civilization, and studied for missionary, academic, colonial or security purposes.0.
The Last Sharia Court in Europe
The book is accompanied by unique film material about the mufti of the last Sharia Court in Europe: Short film portrait of the Mufti of Komotini 3D impression of the courtroom of the Sharia court of Komotini 3D impression of the street side of the Sharia court of Komotini The only Sharia court that exists in Europe is located at the eastern tip of Greece. In this travelogue of his fieldtrips to the region, professor Maurits Berger gives a unique insight into the workings of that court. His encounters with Muftis, Muslims, and Christians are interspersed with background information and personal reflections on the larger issues, such as religious courts, Islamic law, Turkish-Greek politics, Islam in Europe, minorities, and human rights. This book is intended for anyone who is interested in today's issues of Muslims and Islam in Europe. The book is accompanied by unique film material about the mufti of the last Sharia Court in Europe.
Current Law Index
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Introduction to International Studies
"International Studies aims to understand the global complexities of the world in which we live today. Central in these complexities is the position of the human individual, who is both an actor and reactor in global events. This textbook introduces three I's - interests, identities, ideas - that provide a framework to understand human behaviour in today's world. The role of people is further elaborated in the three spatial dimensions of the local, regional, and global level. This gives International Studies the character of a 3-D chessboard with human players. Unique in this textbook is the framework of global scopes used for analysis of the global complexities: global structures (such as e...
