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Berkeley Journal of Middle Eastern & Islamic Law

I. JORDANIAN LEGAL EDUCATION AND LEGAL PROFESSION LEGAL
EDUCATION IN JORDAN Jordan follows a civil law system where all laws are
codified and precedents are not binding. The laws in Jordan are derived from
different ...

Roman, Provincial and Islamic Law

The Origins of the Islamic Patronate

This book tests the hypothesis that Roman law was a formative influence on Islamic law.

CHAPTER 2 A practical guide to the study of Islamic law This chapter is intended
for the non - specialist who wishes to acquire some familiarity with the nature of
Islamic law before proceeding to the argument presented in this book .

The Rule of Law, Freedom of Expression and Islamic Law

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

Understanding Islamic Law

The demand for a book like Understanding Islamic Law among law students and legal practitioners in America and throughout the English-speaking world is large and growing. Islamic Law is not merely a "hot topic". It is a growing trend that is an increasingly mainstream fixture in the legal landscape. There is nothing currently on the market for Law Schools, like Understanding Islamic Law, that is a comprehensive text, in English, by a non-Muslim law professor. The first 11 chapters of Understanding Islamic Law give the essential foundational materials for the study of Islamic Law. The remaining chapters cover several other pertinent fields: banking and finance, contracts, criminal law, family law, and property. Understanding Islamic Law also: • Includes Arabic terms, in English, with diacritical marks to assist in pronunciation; • Provides A Glossary of Arabic Terms; and • Incorporates recent developments such as the burkha ban in France. Understanding Islamic Law (Sharia) is a thorough and balanced text that can be used without supplementation in a one-semester Islamic Law course.

Understanding Islamic Law (Sharia) is a thorough and balanced text that can be used without supplementation in a one-semester Islamic Law course.

Islamic Law and the State

The Constitutional Jurisprudence of Shihāb Al-Dīn Al-Qarāfī

A discussion of the constitutional jurisprudence of an important Egyptian jurist of the M lik school, Shih b al-D n al-Qar f .

CHAPTER SIX DEFINING THE LEGAL JURISDICTION OF THE STATE:
AGAINST THE TYRANNY OF GOVERNMENT Where law ends, there begins
tyranny." I. General Introductory There is something intuitively compelling about
these words.

Islamic Law in Europe?

Legal Pluralism and its Limits in European Family Laws

Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.

Legal Pluralism: Normative Dimensions of Pluralistic Social Structures Ethnic
polarisation has intensified.1 There is some evidence that European systems of
family law do not take sufficient heed of certain interests that are presumed to be
 ...

Islamic Law and International Human Rights Law

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.

John B Bellinger III is a Partner at Arnold & Porter LLP in Washington, DC and
Adjunct Senior Fellow in International and National Security Law at the Council
on Foreign Relations; formerly the Legal Adviser to the US Department of State, ...

Women in Classical Islamic Law

A Survey of the Sources

Drawing on legal and ad th texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women s issues. All assumed a woman would marry and thus the book concentrates on women s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qur n verses devoted to women s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women s lives in and outside their homes. Throughout, jurists opinions are juxtaposed with relevant quotations from contemporaneous ad th collections.

PREFACE Given the many ways the author of a book on the history of women in
classical Islamic law can approach such a topic, it is important to establish at the
outset what this study does and does not do. In particular, it is not a social history,
 ...

Abrogation in the Qurʼan and Islamic Law

A Critical Study of the Concept of "naskh" and Its Impact

This book examines in detail the concept of "abrogation" in the Qur’an, which has played a major role in the development of Islamic law and has implications for understanding the history and integrity of the Qur’anic text. The term has gained popularity in recent years, as Muslim groups and individuals claim that many passages about tolerance in the Qur’an have been abrogated by others that call on Muslims to fight their enemies. Author Louay Fatoohi argues that this could not have been derived from the Qur’an, and that its implications contradict Qur’anic principles. He also reveals conceptual flaws in the principle of abrogation as well as serious problems with the way it was applied by different scholars. Abrogation in the Qur’an and Islamic Lawtraces the development of the concept from its most basic form to the complex and multi-faceted doctrine it has become. The book shows what specific problems the three modes of abrogation were introduced to solve, and how this concept has shaped Islamic law. The book also critiques the role of abrogation in rationalizing the view that not all of the Qur’anic revelation has survived in the "mushaf", or the written record of the Qur’an. This role makes understanding abrogation an essential prerequisite for studying the history of the Qur’anic text.

This book examines in detail the concept of "abrogation" in the Qur’an, which has played a major role in the development of Islamic law and has implications for understanding the history and integrity of the Qur’anic text.

Maqasid Al-shariah as Philosophy of Islamic Law

A Systems Approach

In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, ...