If you've ever read a news story about radical Islam, you've probably seen ""sharia law"" mentioned. But for something that is becoming increasingly prevalent in political rhetoric, it's hard to believe how little most people actually know about Islamic law. In this concise and instructive book, Khurram Dara explains not only the history and origins of Islamic law but also the interesting role it has played in the politics of the Middle East and Middle America. Challenging the conventional wisdom that Islamic law is rigid and permanent, Dara argues that the political and cultural realities of
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In this book Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Through a subtle interpretation of the work of major Islamic jurists, he reveals how the moral teachings of Islam were translated into a legal context in the critical, formative period of Islamic law.
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This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'ba is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This will be one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.--Publisher description
This book provides a comparative study of refugee case law in Europe and North America. Nearly five thousand decisions were recorded and one thousand five hundred have been considered in the national reports. This descriptive work is followed by a more analytical part, offering a new way to interpret the definition of a refugee based on three elements: Risk, Persecution and Proof (R.P.P.), summarized in the `Theory of the Three Scales'. This book will be of great interest to organisations, practitioners and decisions makers in Refugee Law, and to scholars of Comparative Law. Of related interest: Europe and Refugees: A Challenge?/L'Europe et les réfugiés: un défi? , edited by Jean-Yves Carlier and Dirk Vanheule (Kluwer Law International, 1997, 90-411-0347-3), contains a collection of essays analysing the plight of refugees today, paying particular attention to the situation in Europe, and to the new European treaties such as the Dublin Convention, the Schengen Agreement and the Resolution of the European Union
1. Introduction / D. Neil MacCormick, Edinburgh and Robert S. Summers, Ithaca -- 2. Precedent in the Federal Republic of Germany / Robert Alexy, Kiel and Ralf Dreier, Gottingen -- 3. Precedent in Finland / Aulis Aarnio, Tampere -- 4. Precedent in France / Michel Troper, Paris and Christophe Grzegorczyk, Paris -- 5. Precedent in Italy / Michele Taruffo, Pavia and Massimo La Torre, Florence -- 6. Precedent in Norway / Svein Eng, Oslo -- 7. Precedent in Poland / Lech Morawski, Torun and Marek Zirk-Sadowski, Lodz -- 8. Precedent in Spain / Alfonso Ruiz Miguel, Madrid and Francisco J. Laporta, Madrid -- 9. Precedent in Sweden / Gunnar Bergholtz, Lund and Aleksander Peczenik, Lund -- 10. Precedent in the United Kingdom / Zenon Bankowski, Edinburgh, D. Neil MacCormick, Edinburgh and Geoffrey Marshall, Oxford -- 11. Precedent in the United States (New York state) / Robert S. Summers, Ithaca -- 12. Precedent in European community law / John J. Barcelo, Ithaca -- 13. Institutional factors influencing precedents / Michele Taruffo, Pavia -- 14. The binding force of precedent / Aleksander Peczenik, Lund -- 15. Rationales for precedent / Zenon Bankowski, Edinburgh. [et al.] -- 16. What is binding in a precedent / Geoffrey Marshall, Oxford -- 17. Departures from precedent / Robert S. Summers, Ithaca and Svein Eng, Oslo -- 18. Further general reflections and conclusions / D. Neil MacCormack, Edinburgh and Robert S. Summers, Ithaca.
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