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Islamic Family Law in a Changing World

A Global Resource Book

This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world. More than a billion Muslims have their lives in such matters as marriage, divorce, maintenance, paternity and the custody of children governed by certain aspects of the Shari'a, commonly known as Islamic Family Law. But as the team who have put together this resource book point out, this does not mean that identical principles apply everywhere. In fact, as the socio-cultural and historical contextualisations which precede each country's legal profile make clear, the practical application of Shari'a principles is often modified by theological differences of interpretation, particular customary practices in the country concerned, and state policy and law. This volume documents the scope and actual manner of application of Islamic Family Law worldwide. Part of its purpose is the assumption that while changing social conditions - including a commitment to certain universal human rights -- make legal reform necessary, any strategy must be based first of all on the best possible factual foundations. And secondly, since Islamic Family Law has become contested ground between conservative and fundamentalist forces on the one hand and modernist and liberal trends on the other in most Islamic countries, reform must be conceived only in realistic terms and advocated in ways that motivate and empower potential supporters working in their own communities. This work is a uniquely valuable resource for lawyers, social policymakers and scholars. It is also a contribution to the historical challenge which Islamic societies confront in reforming personal and family law.

This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world.

Islamic Economic Systems

This major new study examines the central tenets of Islamic economics, both in theory and in practice. The authors pinpoint the uniqueness of the Islamic approach, both in its conception of the world's resources and in its attitude to human endeavour. Their book illuminates the distinctive nature of an economics which is based neither on meeting the demands of the individual consumer, nor on increasing the level of general welfare, but on maximising the pleasure of God. The different schools of Islamic thought are then compared and their interpretations analysed in terms of their approaches to plan and market, centralisation and decentralisation, property rights, profit and social obligation. A detailed historical survey follows of the experience of four very different Muslim countries: Libya, Saudi Arabia, Pakistan and Iran. The authors examine how the implementation of Islamic economic solutions has worked out in reality, often in the context of a tense political situation. They look at the practicality of such solutions in the present day, assessing both their economic performance and their success in guiding society towards the Islamic ideal. The book as a whole allows the reader to grasp the multifarious nature of Islamic thought in economic matters, its contradictory and often contentious character, and the uses to which Islam has been put by governments with clearly diverse aims. Students of economics and of the Middle East will find it a useful guide to the new terms in which an old and fierce debate is being conducted.

The book as a whole allows the reader to grasp the multifarious nature of Islamic thought in economic matters, its contradictory and often contentious character, and the uses to which Islam has been put by governments with clearly diverse ...

Unholy Trinity

The IMF, World Bank and WTO

Our lives are all affected by three hugely powerful and well financed, but undemocratic, organizations: the International Monetary Fund, the World Bank and the World Trade Organization. These institutions share a common ideology. They aggressively promote "corporate" capitalism, neoliberalism, giving free rein to the interests of a small number of transnational corporations. This book presents the history and fundamental ideas of this economic ideology. Describing each member of the "unholy trinity," it shows how neoliberalism hijacked the IMF, World Bank and WTO in relation to their global financial, development and trade management roles.

They aggressively promote "corporate" capitalism, neoliberalism, giving free rein to the interests of a small number of transnational corporations. This book presents the history and fundamental ideas of this economic ideology.

The Problem with Banks

Banks of all sorts are troubled institutions. The cost of public bail-outs associated with the subprime crisis in the United States alone may be as high as US$5 trillion. What is the problem with banks? Why do they seem to be at the centre of economic and financial turmoil down through the ages? In this provocative and timely book, Rethel and Sinclair seek answers to these questions, arguing that banks suffer from perennial problems, and that developments in the financial markets and government in recent decades have simply exacerbated these issues. The book examines banking activity in America, Asia and Europe, and how specific historical circumstances have transformed banks' behaviour and attitude to risk. While many see government as a constraint on banks, Sinclair and Rethel argue that what governments do in terms of regulation shapes banks and their motivations, as can be seen in the shortcomings of current reform proposals. Instead, more far-reaching, alternative ways of regulating and shaping banks are needed. A concise, essential overview of a pressing global issue.

The book examines banking activity in America, Asia and Europe, and how specific historical circumstances have transformed banks' behaviour and attitude to risk.

The Eco Principle

Ecology and Economics in Symbiosis

The Eco Principle is a compact and stimulating contribution to the debate on the future of modern society. It integrates ecology and economics, sociology and philosophy in the search for a new paradigm

He then applies this analytical approach based on the time-proven organic systems of the natural world to our understanding of human institutions. He shows how these are not immutable, but shaped by our values and understandings.

Citizenship and Social Movements

Perspectives from the Global South

Debates over social movements have suffered from a predominate focus on North America and western Europe, often neglecting the significance of collective action in the global South. Citizenship and Social Movements seeks to partially redress this imbalance with case studies from Brazil, India, Bangladesh, Mexico, South Africa and Nigeria. This volume points to the complex relationships that influence mobilization and social movements in the South, suggesting that previous theories have underplayed the influence of state power and elite dominance in the government and in NGOs. As the contributors to this book clearly show, understanding the role of the state in relation to social movements is critical to determining when collective action can fulfil the promise of bringing the rights of the marginalized to the fore.

As the contributors to this book clearly show, understanding the role of the state in relation to social movements is critical to determining when collective action can fulfil the promise of bringing the rights of the marginalized to the ...

Islamic Family Law in a Changing World

A Global Resource Book

In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.

... Law in the Arab World : Courts in Egypt and the Gulf , Cambridge : Cambridge University Press . El Alami , D. S. ( 1992 ) The Marriage Contract and Islamic Law in the Shari'ah and Personal Status Laws of Egypt and Morocco , London ...

Women's Rights and Islamic Family Law

Perspectives on Reform

Explores the present-day realties of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.

Explores the present-day realties of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.

Land, Law and Islam

Property and Human Rights in the Muslim World

In this pioneering work, Siraj Sait and Hilary Lim address Islamic property and land rights drawing on a range of socio-historical, classical and contemporary debates and their practice. They address the significance of Islamic theories of property and Islamic land tenure regimes on the "webs of tenure" prevalent in the Muslim societies. They consider the possibilities with Islamic legal and human rights systems for the development of inclusive, pro-poor and innovative approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of "authentic" Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Far from invoking a set of arbitrary proportions for property division , the Islamic
inheritance rules seek to support a conscious socio - economic religious ideology
. They ensure that a range of family members are able to access property ...