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| Author | : Silvio Ferrari |
| Publisher | : Dartmouth Publishing Company |
| Total Pages | : 244 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : |
11 Concluding remarks, Giorgio Conetti
| Author | : Silvio Ferrari |
| Publisher | : |
| Total Pages | : |
| Release | : 2017 |
| Genre | : Electronic books |
| ISBN | : 9781315199283 |
"This title was first published in 2000: The presence of large numbers of Muslims within their borders is a relatively new phenomenon for most European states which introduces a radically different way of viewing the world and forces liberal states to reassess their own liberalism. This book explores the varying legal reactions throughout Europe to the rise of Islam. Essays on the legal systems of the leading European jurisdictions are complemented by others on general issues arising out of the impact of Islam in Europe on traditional concepts within European legal systems. In assessing how countries do and should react to demands from muslims within their borders, the relationship between religion and law is brought into question. The position of Muslims within non-Muslim European states is destined to become a key legal issue, not only for Muslims themselves, but for all religious minorities."--Provided by publisher.
| Author | : W. Cole Durham |
| Publisher | : Routledge |
| Total Pages | : 392 |
| Release | : 2016-05-06 |
| Genre | : Religion |
| ISBN | : 1317112350 |
Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
| Author | : Anver M. Emon |
| Publisher | : OUP Oxford |
| Total Pages | : 417 |
| Release | : 2012-10-11 |
| Genre | : Law |
| ISBN | : 0191645699 |
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.
| Author | : Andrea Büchler |
| Publisher | : Routledge |
| Total Pages | : 267 |
| Release | : 2016-05-06 |
| Genre | : Law |
| ISBN | : 1317112261 |
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.
| Author | : Roberta Aluffi Beck-Peccoz |
| Publisher | : |
| Total Pages | : 356 |
| Release | : 2004 |
| Genre | : Language Arts & Disciplines |
| ISBN | : |
In all countries of the European Union, the Muslim communities, numbering about 15,000,000 people, represent a substantial religious minority, although it is a very varied group, both in terms of religious practice and national origin. The very weight of this minority forces the legal systems to come to terms with its presence. However, these changes are highly diversified and are evolving rapidly, not necessarily towards greater tolerance. This volume provides a brief sketch of these changes, describing the situation of some member countries of the European Union (Austria, Belgium, France, Germany, Greece, Italy, the Netherlands, Portugal, Spain, Sweden and UK) and of one of the enlargement candidate countries, Romania. The book also contains an initial attempt at comparison between European countries and the USA and an overall analysis of the problems posed by the Islamic presence in Europe and the strategies to manage them. This work allows readers to draw some general conclusions on convergences and divergences within the European Union and the factors that determine them.
| Author | : Richard Potz |
| Publisher | : |
| Total Pages | : |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
| Author | : Iza R. Hussin |
| Publisher | : University of Chicago Press |
| Total Pages | : 360 |
| Release | : 2016-03-31 |
| Genre | : Law |
| ISBN | : 022632348X |
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
| Author | : Brigitte Marechal |
| Publisher | : BRILL |
| Total Pages | : 632 |
| Release | : 2003-09-01 |
| Genre | : Social Science |
| ISBN | : 9047402464 |
This volume describes a clear and overall overview on contemporary European Islam, dealing with both Western and Eastern sides. Based on wide bibliographic research as well as original national contributions from recognised scholars, it is concerned with the process of construction of Islam as well as its co-inclusion in the European societies. Muslims in the Enlarged Europe has been selected by Choice as Outstanding Academic Title (2005).
| Author | : Lawrence Rosen |
| Publisher | : University of Chicago Press |
| Total Pages | : 293 |
| Release | : 2018-03-13 |
| Genre | : Law |
| ISBN | : 022651174X |
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
