Minor marriage in early Islamic law /
:
In Minor Marriage in Early Islamic Law , Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father's right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the "consensus writers" of later centuries, each chapter brings new insights into a complex and enduring debate.
:
1 online resource. :
Includes bibliographical references and index. :
9789004344860 :
Available to subscribing member institutions only.
Ottoman law of war and peace : the Ottoman Empire and its tribute-payers from the north of the Danube /
:
Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.
:
1 online resource. :
Includes bibliographical references (pages 411-458) and index. :
9789004411104
Debating the Law, Creating Gender : Sharia and Lawmaking in Palestine, 2012-2018 /
:
In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing "law in the making" and the shifts in debates (2012-2018). In 2012, a ruling on khulʿ -divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to "harmonize" international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
:
1 online resource. :
Includes bibliographical references and index. :
9789004442313
9789004442306
Law and property in Algeria : anthropological perspectives /
:
In spite of its privileged place on the African continent, in the Muslim world and in the Middle East and North Africa region, Algeria remains poorly known, and the works relating to contemporary Algerian society published outside of Algeria are rare. This book seeks to contribute to our understanding of Algerian society today, through its relationships to property and to law. Beyond this, the objective is to propose, in a comparative perspective proper to anthropology, new theoretical and methodological perspectives by which to apprehend the anthropology of law in a Muslim context. Algeria, as a post-colonial and post-Socialist State, whose population is overwhelmingly Muslim, proves to be a particularly interesting case to study. Contributors are: Hichem Amichi, Emilie Barraud, Ammar Belhimer, Yazid Ben Hounet, Nejm Benessaiah, Sami Bouarfa, Tarik Dahou, Baudouin Dupret, Marcel Kuper, Judith Scheele, Alice Wilson.
:
"This volume was published with the support of the French National Agency for Research (ANR), as an outcome of the research project "Property in Moslem Transitional Environments" (PROMETEE) that was conducted within the frame of the German-French program FRAL and associated teams affiliated to the Centre Jacques-Berque (CJB) of Rabat and the Erlanger Zentrum fur Islam und Recht in Europa (EZIRE)." :
1 online resource (189 pages) : map. :
Includes bibliographical references and index. :
9789004362116 :
Available to subscribing member institutions only.