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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.

Story Case-business Law ...

Prepard Under the Editorial Supervision of William Kix Miller ... A Systematic Non-technical Treatment of Business Law in Story and Case Form

He went to Islam & Abraham, dealers in precious stones, and offered the stone to
them for $100; Islam & Abraham refused to buy it until all efforts had been made
to find the person who had lost it. Advertisements were inserted in all the ...

The Mutual Influence of Muhammadans and Hindus in Law, Morals, and Religion During the Period of Muhammadan Ascendancy

Being the 'Le Bas' Prize Essay for 1891

Scholastic theology destroyed rationalism with its own weapons, and Islam thus
entered upon that sleep which has lasted for five centuries till o:
Muhammadanism has never practised systematic persecution, and more than
one writer has ...

A Brief Introduction Towards the Islamic Law of Evidence

A simple and a basic introduction to the basis of Women testimony in Islam. Other themes also include Al-Jassas commentary on documentation. Furthermore, documentation as evidence in Islamic Criminal Law is examined.In recent times the opinions of our jurists concerning some important issues of the Islamic Law of Evidence, as mentioned in the Qur'an, have remained a hot subject of debate. We find it appropriate to present our views on these issues so that our learned scholars can deliberate on them from another angle.The first issue pertains to the testimony of a woman. The general opinion in this regard is that in cases of Hodood [punishments ordained by God], female witnesses are in no way acceptable. There are affairs in which their testimony is acceptable only when in place of a male witness two of them testify alongside another male witness, while in certain feminine affairs their testimony as sole witnesses is acceptable.

A simple and a basic introduction to the basis of Women testimony in Islam. Other themes also include Al-Jassas commentary on documentation.

The Law Relating to Gifts, Trusts, and Testamentary Dispositions Among the Mahommedans

According to the Hanafi, Maliki, Shâfeï, and Shiah Schools

I have in another work traced the growth and development of the Islamic
jurisprudence , and described in some detail the character of the several schools
existing in Islam . A few remarks on this subject , however , will not be out of place
here .

A Digest of Moohummudan Law on the Subjects to which it is Usually Applied by British Courts of Justice in India

Elect of When the husband of a kitabeeah is converted to the £ Mussulman faith,
his marriage is unaffected by the conof Islam version, whether it take place before
or after consumma£" tion. But if the wife of a kitabee should embrace the ...

Jewish and Islamic Law

A Comparative Study of Custom During the Geonic Period

This is the first attempt to present a comprehensive comparative study of Jewish-Islamic law on a particular topic during the early Middle Ages. Libson's in-depth study of Islamic law, together with his expertise in the wide range of geonic and rabbinic literature, enable him to determine the influence of Muslim practice on geonic custom.

Islam and Lex gentium ” ( in Hebr . ) , in The Arab States : Processes and Basic
Problems ( in Hebr . ) , ed . E . Shaked , Tel Aviv 1978 , pp . 43 – 50 . - " Sharī ' a
and Namus in the Philosophical Thought of Maimonides ” ( in Hebr . ) , in
Teʻudah ...

Islamic Law and Finance

A collection of papers analyzing the various attempts to establish a system of Islamic law and finance. It investigates the modes of operation of institutions adopting the Islamic system, drawing on examples such as Malaysia, Iran, Pakistan and Egypt. Annotation copyrighted by Book News, Inc., Portland, OR

its broadest sense , to include other levies postulated by Islam . The use of the
word synonymously with taxation largely arises from the emphasis in
contemporary Islamic economic literature on zakat as a comprehensive
framework for taxation ...

Islamic Criminal Law and Procedure

An Introduction

2. The origins of islamic law

2. The origins of islamic law

Islamic Law in Malaysia

Issues and Developments

The present law requires couples seeking divorce to undergo counselling before
they go to court . In order to delay the process , men aften fail to turn up at these
counselling sessions . Since no time frame is given for counselling sessions ...