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The Roman empire and the British empire in India. The extension of Roman and English law throughout the world. Flexible and rigid constitutions. The action of centripetal and centrifugal forces on political constitutions. Primitive Iceland. The Constitution of the United States as seen in the past. Two South African constitutions. The constitution of the commonwealth of Australia

Which of these two things will happen depends upon the future of the native
religions , and especially of Hinduism and of Islam , for it is in religion that the
legal customs of the natives have their roots . Upon this vast and dark problem it
may ...

Introduction to Middle Eastern Law

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'.

Law and Religion in the Eastern Mediterranean

From Antiquity to Early Islam

How was it possible that Greeks often wrote their laws on the walls of their temples, but - in contrast to other ancient societies - never transformed these written civic laws into a religious law? Did it matter whether laws were inscribed in stone, clay, or on a scroll? And above all, how did written law shape a society in which the majority population was illiterate? This volume addresses the similarities and differences in the role played by law and religion in various societies across the Eastern Mediterranean. Bringing together a collection of 14 essays from scholars of the Hebrew Bible, Ancient Greece, the Ancient Near East, Qumran, Elephantine, the Nabateans, and the early Arab world, it also approaches these subjects in an all-encompassing manner, looking in detail at the notion of law and religion in the Eastern Mediterranean as a whole in both the geographical as well as the historical space.

This volume addresses the similarities and differences in the role played by law and religion in various societies across the Eastern Mediterranean.

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 ...

Islamic Law and the Law of Armed Conflict

The Conflict in Pakistan

Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.

Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law.

The Concept of Territory in Islamic Law and Thought

This edited volume analyses the concepts of territory as conceived of and developed in Islamic history. In legal terms the world is divided into two parts, the "dar al-Islam" governed by the Islamic "shari'a" and the "dar al-harb" which is beyond the border of "dar al-Islam." The work explores the central question of what the concepts of territory and border were like for those Muslims who were driven by their will to expand the "dar al-Islam," those who experienced vicissitudes in the course of history, or who were inspired with mystical feelings.

This edited volume analyses the concepts of territory as conceived of and developed in Islamic history.

The Formation of Islamic Law

The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.

The fourteen studies included in this volume have been chosen to serve several purposes simultaneously.

Islam and Natural Law

Aristotle, Kant, Marx, and Tabari are only a few of the many world thinkers whom Abul-Fazl Ezzati explores in his sweeping history and analysis of natural law. While this work distinguishes itself from other similar works by its detailed treatment of natural law in Islamic thought, it engages with both Islamic and Western discourse, with topics such as human rights, the inherent human nature, and rationality. The result is an insightful, all-encompassing treatment of human rights and the human beings physical, rational, emotional, and spiritual needs.

This Eurocentric rationalism constitutes an exclusive belief - system that is not
compatible with any religion and certainly not with Islam . 8 . Enlightenment
rationalism is an antidote to Christianity . Islamic rationality , on the contrary , is a
 ...

Islamic Law in Southeast Asia

A Study of Its Application in Kelantan and Aceh

In both Kelantan and Aceh, Islamic law was first developed in the thirteenth century with the coming of Islam to the region, but was later replaced by colonial legal systems, and then by the jurisprudence of national governments following independence. Reinstituting Islamic law has become a dominant political issue in both countries. --

knowledge , ” shows that early Islam regarded knowledge of the sacred Law as
knowledge par excellence . 47 Zafar Ishaq Ansari begins his foreword with
Schacht ' s opinion , but goes further by saying , “ there can be no denying that
among ...

Religious Minorities, Islam and the Law

International Human Rights and Islamic Law in Indonesia

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam.