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Minority Rights, Feminism and International Law

Voices of Amazigh Women in Morocco

Investigating minority and indigenous women’s rights in Muslim-majority states, this book critically examines the human rights regime within international law. Based on extensive and diverse ethnographic research on Amazigh women in Morocco, the book unpacks and challenges generally accepted notions of rights and equality. Significantly, and controversially, the book challenges the supposedly ‘emancipatory’ power vested in the human rights project; arguing that rights-based discourses are sites of contestation for different groups that use them to assert their agency in society. More specifically, it shows how the very conditions that make minority and indigenous women instrumental to the preservation of their culture may condemn them to a position of subalternity. In response, and engaging the notion and meaning of Islamic feminism, the book proposes that feminism should be interpreted and contextualised locally in order to be effective and inclusive, and so in order for the human rights project to fully realise its potential to empower the marginalised and make space for their voices to be heard. Providing a detailed, empirically based, analysis of rights in action, this book will be of relevance to scholars, students and practitioners in human rights policy and practice, in international law, minorities’ and indigenous peoples’ rights, gender studies, and Middle Eastern and North African Studies.

Investigating minority and indigenous women’s rights in Muslim-majority states, this book critically examines the human rights regime within international law.

Saudi Business Law in Practice

Laws and Regulations as Applied in the Courts and Judicial Committees of Saudi Arabia

In this landmark publication, the world's leading expert in the legal system of Saudi Arabia explains and documents the uncodified principles of contract, tort, and property that frame the business laws of the Kingdom. Drawing on 8,500 newly published court decisions, as well as on statutory law, interviews and a wide range of other material, the book sets out to determine the actual practice of Saudi courts in these spheres, both substantively and as to reasoning and procedure. With unique insights into and understanding of this fascinating jurisdiction, this book simply must be read by all engaged with law or business in the region. Also, given its focus on how certain Islamic legal rules and principles are applied in practice, the book will prove an invaluable resource for scholars of Islamic law past and present.

With unique insights into and understanding of this fascinating jurisdiction, this book simply must be read by all engaged with law or business in the region.

Religious Rights of Minorities in EU Law. Sharia Law Compatibility with European Human Rights Concepts

Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: C, Hamburg University of Ecomomy and Policy (Europa-kollege), course: LLM/EU Legal Studies, language: English, abstract: This thesis is about finding out if there is a possibility to consider reconciliation between Islam a minority religion and European law in regards to human rights.The aim is to understand the conflict between Islam and liberal political concept human rights law to present a picture that can show human rights protection in European society of which Muslims have become an essential part. Sharia law is taken as an Islamic legal and political manifestation that considered being in conflict with contemporary liberal political concepts like European Union and its laws. With the help of comparative analysis of Islamic countries both in a non European country and a country that is a party to European convention, and historical practices of Muslim societies and regimes in relation to value of Sharia in Islamic civilizations and contemporary world. It was observed that Sharia has never been the primary source of legal and political fabric of Islamic rules throughout the history and a larger part of Islamic morals and values recognize modern liberal political concepts and values such as constitutionalism and human rights which are also practiced in modern Muslim majority states like Turkey. John Rawls’ theory of overlapping consensus is used in support which says that a desired consensus is only possible if a concept affirms a political conception that is sufficient to express values under favorable conditions make a just constitutional regime despite other values may oppose them.

Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: C, Hamburg University of Ecomomy and Policy (Europa-kollege), course: LLM/EU Legal Studies, language: English, abstract: ...

Customary and Shari'ah Law in Arabian Society

The society and legal systems of Southern Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant. His approach has been to make a detailed study of modern social structures and legal customs and to relate these to what we know of ancient society and law. The traditional tribal society of the region, he argues, has preserved in its customary law and practice a very great deal that derives directly from the pre-Islamic period, whereas the shari'ah, the law of Islam, though stemming from the same sources, has often diverged significantly from it. An understanding of the modern situation, therefore, is of immediate relevance to the interpretation of pre- and early-Islamic society. Among the particular topics covered are the interplay between tribal affinities and religious authority, marriage legislation and the "Frankish chancre" or (syphilis), and maritime customary law. From an ethnographic viewpoint, furthermore, these studies record peoples and lifestyles that have been increasingly overwhelmed by contemporary events. Les sociétés et les systèmes juridiques de l'Arabie du Sud, moderne et ancienne, sont le thème de ce recueil d'articles par le professeur Serjeant. Il aborde le sujet avec une étude des structures sociales modernes, ainsi que du droit coutumier, puis les rattache à ce qui est connu de la société et du droit anciens. La société tribale traditionnelle de la région, affirme-t'il, a conservé un grand nombre d'us et coutumes trouvant des origines directes au cours de la période pre-islamique, alors que le droit de l'Islam, le shari'ah, bien qu'issu des mÃames sources, s'en éloigne de façon significative. Le fait de comprendre la situation moderne a donc un rapport immédiat avec toute interprétation de la société islamique à ses débuts. Parmi les thèmes spécifiques que couvre l'auteur, se trouvent le droit marital et le "chancre" franc (syphilitique), le droit

The society and legal systems of Southern Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant.

Cultural Diversity and the Law

State Responses from Around the World : Proceedings of the Colloquium "The Response of State Law to the Expression of Cultural Diversity," Brussels, September 2006

In the twenty-first century nearly all countries face the reality of 'cultural diversity', a concept that refers to the presence, and, increasingly, the affirmation of diverse cultures within the borders of particular political communities. This process appears to be in full swing. In Europe, for instance, the migratory waves of the post-war period gave rise to new sociological and cultural circumstances within the various states. The multiplicity of cultures and the spread of various religions from other parts of the world cause ongoing turmoil. Outside of Europe, diversity is often connected with colonial history. In the face of this widespread phenomenon, different states adopt different positions. Either cultural differences lead to problems that are difficuit to manage, or the differences are more or less integrated or given a formal structure. Between these two potes there are many nuances, ranging from a rejection of differences to their toleration and finally their recognition. The essays in this collection show the various ways in which the law responds to this situation. They make clear that liberalism's official blindness to differences, and its tendency to subordinate them to an abstract notion of equality, has become increasingly problematic. If the state does not respond in an appropriate way to the daim for valorisation of diversity, it risks leaving the question of identities to strategic manipulation, thereby leading to a process of cultural and identity fragmentation. The ambition common to the authors - over 30 - who contributed to this volume is to take the reflection further, by providing a manifold illumination of the various situations examined from ail over the world. They share the conviction that greater attention to the reality of legal pluralism will improve the lives of many in quite practical ways. It is also their view that, as a normative matter, justice requires that jurists take greater care in evaluating the worldviews and value systems of the groups that reside within a state.

Between these two potes there are many nuances, ranging from a rejection of differences to their toleration and finally their recognition. The essays in this collection show the various ways in which the law responds to this situation.

Gender and Divorce Law in North Africa

Sharia, Custom and the Personal Status Code in Tunisia

Personal status laws remain a highly politicized area of debate in the Middle East, as the arena in which the contentious issues of women's rights, religion and minority groups meet. This is especially so when it comes to divorce. In Tunisia, with the moderate Islamist party Ennahda winning the first elections following the 2011 revolution, questions of religion in public life have gained greater primacy. The country is often hailed for its progressive personal status code, seen as an exception to the practice in many other Muslim countries. Polygamy is banned, for example, and in divorce cases there is gender equality. However, Tunisia's legal system contains many gaps and leaves much room for interpretation. Bearing in mind this importance of the role of Islam in judicial courts, Maaike Voorhoeve investigates whether the more progressive, and ostensibly secular, principles enshrined in Tunisia's Personal Status Code of 1956 are in fact adhered to in divorce cases. And if not, whether judges frequently turn to the Sharia, custom or societal norms as their primary sources of guidance. Through extensive research in the Tunisian courts, Voorhoeve investigates the different types of divorce, the arguments presented to the court and the consequent legal decisions made. She focuses on the role of female judges, testing the assumption that they adjudicate in a more gender-neutral way and examining the impact they have had on Tunisian legal culture and through this, Tunisian society. Gender and Divorce Law in North Africa therefore sheds light on the wide-reaching debate throughout North Africa and the Middle East concerning the role of Islam and Sharia in the public, political, legal and private spheres. This debate, which often pits secularists against Islamists, but is in reality much more nuanced, is key in a variety of fields, including Middle East studies and Islamic law--Bloomsbury Publishing.

Personal status laws remain a highly politicized area of debate in the Middle East, as the arena in which the contentious issues of women's rights, religion and minority groups meet. This is especially so when it comes to divorce.

Religion, Politics, and Law

The relationship between religion, politics, and law represents, one of the most important issues in contemporary discussions on the worlds future. While global changes and political conflicts in many parts of the world demand serious reflection about the role of religion in politics and in public discourse, the study of religion in post-secular societies calls for reflections about the normative role of religion in politics and law. Through the contributions of scholars in the disciplines of theology, the science of religion, and political science, this volume presents an absorbing analysis of democracy, politics, and law, drawing upon the works of John Rawls, Jfirgen Haberman, Max Horkheimer, Michel Foucault and Theodor W Adorno. Such topics as Islam and democracy are addressed, in addition to the report by the European Council on Fatwa and Research and specific issues in which churches have been involved in political conflicts. Case studies on communism, nazism, and apartheid, for example, are also presented, and finally the question is addressed of how inter-religious dialogue can function in secular societies in relation to the Danish cartoon crisis.

Through the contributions of scholars in the disciplines of theology, the science of religion, and political science, this volume presents an absorbing analysis of democracy, politics, and law, drawing upon the works of John Rawls, Jfirgen ...