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Author: Norbert Oberauer Publisher: BRILL ISBN: 9004398260 Category : Law Languages : en Pages : 268
Book Description
Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.
Author: Norbert Oberauer Publisher: BRILL ISBN: 9004398260 Category : Law Languages : en Pages : 268
Book Description
Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.
Author: Arskal Salim Publisher: Edinburgh University Press ISBN: 0748693483 Category : Law Languages : en Pages : 232
Book Description
Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.
Author: Badouin Dupret Publisher: BRILL ISBN: 9004416625 Category : Law Languages : en Pages : 304
Book Description
Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.
Author: Mohammed Hashas Publisher: Springer Nature ISBN: 3030660893 Category : Philosophy Languages : en Pages : 267
Book Description
This book brings together international scholars of Islamic philosophy, theology and politics to examine these current major questions: What is the place of pluralism in the Islamic founding texts? How have sacred and prophetic texts been interpreted throughout major Islamic intellectual history by the Sunnis and Shi‘a? How does contemporary Islamic thought treat religious and political diversity in modern nation states and in societies in transition? How is pluralism dealt with in modern major and minor Islamic contexts? How does modern political Islam deal with pluralism in the public sphere? And what are the major internal and external challenges to pluralism in Islamic contexts? These questions that have become of paramount relevance in religious studies especially during the last three-four decades are answered as critically highlighted in Islamic founding sources, the formative classical sources and how it has been lived and practiced in past and present Islamic majority societies and communities around the world. Case studies cover Egypt, Turkey, Indonesia, and Thailand, besides various internal references to other contexts.
Author: Hilal Ahmed Publisher: Taylor & Francis ISBN: 1000573192 Category : Law Languages : en Pages : 191
Book Description
This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.
Author: Publisher: BRILL ISBN: 9004446818 Category : Law Languages : en Pages : 252
Book Description
The accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.
Author: Adam Possamai Publisher: Springer Nature ISBN: 3031271882 Category : Social Science Languages : en Pages : 357
Book Description
This edited collection focuses on the comparative analysis of the application of Shari’a in countries with Muslim minorities (e.g. USA, Australia, Germany and Italy) and majorities (e.g. Malaysia, Bangladesh, Turkey, and Morocco). Most chapters in this new edition have been revised and the book as a whole has been updated to give even more international coverage. This text provides a sociological and global analysis of a phenomenon that goes beyond the ‘West versus the rest’ dichotomy. One example of this is how included are case studies in Muslim minority countries not exclusively located in the West. Although the contributors of this book come from various disciplines such as law, anthropology, and sociology, this volume has a strong sociological focus on the analysis of Shari’a. The final part of the book indeed draws out from all the case studies explored some ground-breaking theories on the sociology of Shari’a such as the application of Black, Chambliss and Eisenstein’s sociological theories. This text appeals to students and researchers working in the sociology of religion.
Author: Ihsan Yilmaz Publisher: Springer Nature ISBN: 9811902763 Category : Religion Languages : en Pages : 259
Book Description
This book investigates Turkey’s departure from a ‘flawed democracy’ under Kemalist secularism, and its transitioning into Islamist authoritarian Erdoğanism, through the lenses of informal law, legal pluralism, and legal hybridity. In doing so, it examines the attempts of Turkey’s ruling party (AKP) at social engineering and gradual Islamisation of the Turkish state and society, by using informal Islamist laws. To that end, the book argues that the AKP has paved the way for Islamist legal hybridity where society, state, and law, are being gradually Islamised on an ad hoc basis. Informal law and legal pluralism in Turkey have had a non-state characteristic which have permitted Muslims to solve disputes by seeking the opinions of religio-legal scholars. Yet under the AKP rule, this informal legal system has become increasingly dominated by conservatives, sometimes radical Islamists, which the governing party has taken advantage of by either formalizing some parts of the informal Islamist law, or using it informally to mobilize its supporters against the opposition.
Author: Anissa Helie Publisher: Bloomsbury Publishing ISBN: 1780322879 Category : Social Science Languages : en Pages : 362
Book Description
This groundbreaking book explores resistance against the harsh policing of sexuality in some Muslim societies. Many Muslim majority countries still use religious discourse to enforce stigmatization and repression of those, especially women, who do not conform to sexual norms promoted either by the state or by non-state actors. In this context, Islam is often stigmatized in Western discourse for being intrinsically restrictive with respect to women's rights and sexuality. The authors show that conservative Muslim discourse does not necessarily match practices of believers or of citizens and that women's empowerment is facilitated where indigenous and culturally appropriate strategies are developed. Using case studies from Pakistan, Iran, Indonesia, China, Bangladesh, Israel and India, they argue persuasively that Muslim religious traditions do not necessarily lead to conservative agendas but can promote emancipatory standpoints. An intervention to the construction of 'Muslim women' as uniformly subordinate, this collection spearheads an unprecedented wake of organizing around sexualities in Muslim communities.
Author: Norbert Oberauer
Author: Norbert Oberauer
Author: Arskal Salim
Author: Badouin Dupret
Author: Mohammed Hashas
Author: Hilal Ahmed
Author: 
Author: Adam Possamai
Author: Ihsan Yilmaz
Author: Rauf Ceylan
Author: Anissa Helie