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The Birth of a Legal Institution
This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra ̓y and the Aḥkām al-Awqāf of al-Khaṣṣāf. The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions. The close textual analysis of these treatises is especially important for historians of early Islamic law.
Toward the Reform of Private Waqfs
Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
Models of Religious Freedom
In this thesis, the US, Swiss, and Syrian models of religious freedom are illustrated in legal settings. The Analytical Representation comprises more than statements of positive law or mechanical comparison. Each chapter is introduced by thought-forms predominant in the respective legal culture. The objective of the Methodological Representation is to investigate the logic and legitimate pattern by which the US and Swiss judiciary come to the conclusion that an alleged interference is covered under the right to religious freedom. The last dimension, which is the Eclectic Representation, pursues a dual aim. Firstly, the idea is to develop an actual guideline of religious freedom rules, and secondly, to evaluate how much religious freedom is internalized in the US, Swiss, and Syrian legal systems. Dissertation. (Series: ReligionsRecht im Dialog - Vol. 12)
Charity in Jewish, Christian, and Islamic Traditions
This collection of essays by a team of international scholars addresses the topic of Charity through the lenses of the three Abrahamic religions: Judaism, Christianity and Islam. The contributors look for common paradigms in the ways the three faiths address the needs of the poor and the needy in their respective societies, and reflect on the interrelatedness of such practices among the three religions. They ask how the three traditions deal with the distribution of wealth, in the recognition that not all members of a given society have equal access to it, and in the relationship of charity to the inheritance systems and family structures. They reveal systemic patterns that are similar--norms, virtue, theological validations, exclusionary rules, private responsibility to society--issues that have implications for intercultural and interfaith understanding. Conversely, the essays inquire how the three faiths differ in their understanding of poverty, wealth, and justifications for charity.
Approaches to the Study of Intercultural Transfer
"Approaches to the Study of Intercultural Transfer" presents a collection of compelling case studies in the areas of social reform, museums, philanthropy, football, nonviolent resistance and holiday rituals such as Christmas that demonstrate key mechanisms of intercultural transfers. Each chapter provides the application of the intercultural transfer studies paradigm to a specific and distinct historical phenomenon. The chapters not only illustrate the presence or even the depth and frequency of intercultural transfer, but also reveal specific aspects of the intercultural transfer of phenomena, the role of agents of intercultural transfer and the transformations of ideas transferred between cultures thereby contributing to our understanding of the mechanisms of intercultural transfers.
Bawdy City
A vivid social history of Baltimore's prostitution trade and its evolution throughout the nineteenth century, Bawdy City centers woman in a story of the relationship between sexuality, capitalism, and law. Beginning in the colonial period, prostitution was little more than a subsistence trade. However, by the 1840s, urban growth and changing patterns of household labor ushered in a booming brothel industry. The women who oversaw and labored within these brothels were economic agents surviving and thriving in an urban world hostile to their presence. With the rise of urban leisure industries and policing practices that spelled the end of sex establishments, the industry survived for only a few decades. Yet, even within this brief period, brothels and their residents altered the geographies, economy, and policies of Baltimore in profound ways. Hemphill's critical narrative of gender and labor shows how sexual commerce and debates over its regulation shaped an American city.
The American Bar
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