Judiciary and Arbitration in Bahrain : A Historical and Analytical Study /
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Although Bahrain has had an established system of law courts since 1771, it was only in the course of the twentieth century that it gradually developed a fully-fledged legal system compatible with international norms. Today, like the other Gulf states, its sophisticated judiciary represents a blend of Islamic Shari'a, British common law, and modern reforms drawn principally from Egypt's civil law-influenced trdition. In recent decades, arbitration has also taken its place as an important adjunct to the judiciary.
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1 online resource. :
Includes bibliographical references and index. :
9789004480407
9789041122179
Sharia in Africa today : reactions and responses /
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Sharīʿa in Africa Today. Reactions and Responses explores how Islamic law has influenced relations between Muslims and Christians, through a series of case studies by young African scholars working in four African countries: in Sudan where total Sharīʿa was applied until recently; in Nigeria where the Northern states re-introduced Sharīʿa courts; in Kenya where the place of Islamic courts has been contested in constitutional debates; in Tanzania where Muslims are calling for the re-introduction of Islamic courts. Each chapter is based on research carried out by the authors, topics include: relations between Muslims and Christians; how Islamic law has impacted on women; new Islamic movements and the state. It is of importance to anyone interested in the impact of Sharīʿa in Africa today.
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1 online resource. :
Includes bibliographical references and index. :
9789004262126
Maṣlaḥa and the purpose of the law : Islamic discourse on legal change from the 4th/10th to 8th/14th century /
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Focusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (people's well-being) as a method of extending and adapting God's law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God's law. Discussions on maṣlaḥa's epistemology, its role in the law-finding process, the limits of human investigation into divinecommands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maṣlaḥa a viable vehicle of legal change up to the present.
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1 online resource. :
Includes bibliographical references (p. [355]-362) and index. :
9789004185692 :
1384-1130 ; :
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 /
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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.
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1 online resource. :
Includes bibliographical references (pages 411-458) and index. :
9789004411104
Reinventing jihād : jihād ideology from the conquest of Jerusalem to the end of the Ayyūbids (c. 492/1099-647/1249) /
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In Reinventing Jihād, Kenneth A. Goudie provides a detailed examination of the development of jihād ideology from the Conquest of Jerusalem to the end of the Ayyūbids (c. 492/1099-647/1249). By analysing the writings of three scholars - Abū al Ḥasan al Sulamī (d. 500/1106), Ibn ʿAsākir (d. 571/1176), and ʿIzz al-Dīn al-Sulamī (d. 660/1262) - Reinventing Jihād demonstrates that the discourse on jihād was much broader than previously thought, and that authors interwove a range of different understandings of jihād in their attempts to encourage jihād against the Franks. More importantly, Reinventing Jihad demonstrates that whilst the practice of jihād did not begin in earnest until the middle of the twelfth century, the same cannot be said about jihād ideology: interest in jihād ideology was reinvigorated almost from the moment of the arrival of the Franks.
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Based on author's thesis (doctoral - University of St Andrews, 2016), issued under title: The reinvention of jihād in twelfth-century al-Shām. :
1 online resource. :
Includes bibliographical references (pages 201-213) and index. :
9789004410718
Local Court, Provincial Society and Justice in the Ottoman Empire : Legal Practice and Dispute Resolution in Çankırı and Kastamonu (1652-1744) /
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This book studies the functions of Islamic courts within the framework of the late seventeenth- and early eighteenth-century Ottoman provincial administration, and explores the processes of adjudication and dispute resolution through a detailed juxtaposition of court records from two Anatolian towns, Çankırı and Kastamonu. In particular, it identifies the socio-economic backgrounds of the court clients, the kinds of issues that they brought to the courts, their strategies of litigation, and how disputes were resolved in the courts. This book also sheds light on the costs of court usage and reveals alternative sites for dispute resolution that existed independently of the courts. This study is particularly useful for the students of legal anthropology as it pays a special attention to the practice of law and the process of dispute resolution.
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1 online resource. :
Includes bibliographical references and index. :
9789047401599
9789004126091
Women and property rights in Indonesian Islamic legal contexts
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In Women and Property Rights in Indonesian Islamic Contexts , eight scholars of Indonesian Islam examine women's access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women's capabilities and resources in Indonesia, the world's largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami andamp; Atun Wardatun.
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1 online resource. :
Includes bibliographical references and index. :
9789004386297
DROIT MUSULMAN ET SOCIÉTÉ AU SAHARA PRÉMODERNE : la justice islamique dans les oasis du Grand Touat (Algérie) aux XVIIe-XIXe siècles.
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La pratique du droit musulman est généralement considérée comme un phénomène urbain. À partir d'une analyse de recueils de fatwas inédits et d'autres manuscrits arabes provenant des oasis du Grand Touat (Sud algérien), Droit musulman et société au Sahara prémoderne remet en question cette vision des choses. L'ouvrage explore la diffusion d'institutions juridiques islamiques dans la région entre le XVIIe et le XIXe siècles, ainsi que l'interaction entre communautés villageoises et juristes musulmans. Pour sonder ce processus, Ismail Warscheid adopte une approche dialectique : il reconstitue les modalités de l'application de la charia par les cadis et muftis locaux et s'interroge sur les usages que les populations oasiennes font des tribunaux islamiques, de l'écriture notariale et de la consultation juridique. Pre-modern Islamic legal practice is most often considered an essentially urban phenomenon. Relying on unedited fatwa collections and other Arabic manuscripts from the oasis of Tuwāt in southern Algeria, Droit musulman et société au Sahara prémoderne challenges this vision. The book explores the spread of Islamic legal institutions in the region between the seventeenth and the nineteenth centuries, and the interaction between village communities and Muslim jurists. Ismail Warscheid investigates this process from a dialectical perspective: how were sharʿī norms applied by local qadis and muftis, and how did local populations made use of court litigation, notarial certification, and legal consultation?
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1 online resource (xiv, 304 pages) :
9789004341265 :
Available to subscribing member institutions only.
The codification of Islamic criminal law in the Sudan. Penal codes and Supreme Court case law under Numayri and al-Bashir /
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In The Codification of Islamic Criminal Law in the Sudan , Olaf Köndgen offers an in-depth analysis of the Sudan's Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharīʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse ( zinā , liwāṭ ), rape, unfounded accusation of unlawful sexual intercourse ( qadhf ), highway robbery ( ḥirāba ), apostasy ( ridda ), and alcohol consumption. Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world's longest lasting applications of codified sharīʿa criminal law. Olaf Köndgen won the DAVO Dissertation Prize 2014 for his Ph.D. thesis. \'This extremely well-documented study represents a milestone for the discussion of Islamic criminal law in the Muslim world as a whole and in the Sudan especially. Olaf Köndgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach.\' Prof. Günter Meyer, Johannes Gutenberg University Mainz
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1 online resource (450 pages) :
Includes bibliographical references and index. :
9789004357082 :
Available to subscribing member institutions only.
Resolving Disputes in Second Century BCE Herakleopolis : A Study in Jewish Legal Reasoning in Hellenistic Egypt /
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Resolving Disputes challenges the consensus that the petitions to the leaders of "the πολίτευμα of the Jews in Herakleopolis" (P.Polit.Iud. 8.4-5) prove that while the Ptolemies granted Jews limited self-governance according to their ancestral traditions, the petitioners nonetheless relied almost exclusively on Ptolemaic Greek law to make their agreements and settle their arguments. Reading the appeals in their proper juridical context, this study shows how these Jewish petitioners in fact made sophisticated use of their ancestral norms, drawing from them principles that complemented and contradicted prevailing Greek law. The Jews appealing to the leaders of the πολίτευμα in Herakleopolis embraced Torah.
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1 online resource. :
Includes bibliographical references and index. :
9789004508286
9789004505636
Legal and Political Philosophy /
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Legal and Political Philosophy , edited by Enrique Villanueva, is the first volume in the series Social, Political, and Legal Philosophy , published by Rodopi also under his editorship. It contains six original essays by leading political philosophers and philosophers of law (Waldron, Coleman, Postema, Shapiro, Sayre-McCord, and Kraus), along with critical papers on those essays, and replies. This is cutting edge work that elicits sharp responses already as it is published, with the debate joined as the authors reply. Social, Political, and Legal Philosophy is a new book series, edited by Enrique Villanueva, and published by Rodopi Publishers as part of Rodopi Philosophical Studies . The series will publish collections of new essays on topics in social or political or legal philosophy. New volumes will be published approximately every year or every other year.
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1 online resource :
Includes bibliographical references and index. :
9789004457911
9789042011038
Resolving Disputes in Second Century BCE Herakleopolis : A Study in Jewish Legal Reasoning in Hellenistic Egypt /
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Resolving Disputes challenges the consensus that the petitions to the leaders of "the πολίτευμα of the Jews in Herakleopolis" (P.Polit.Iud. 8.4-5) prove that while the Ptolemies granted Jews limited self-governance according to their ancestral traditions, the petitioners nonetheless relied almost exclusively on Ptolemaic Greek law to make their agreements and settle their arguments. Reading the appeals in their proper juridical context, this study shows how these Jewish petitioners in fact made sophisticated use of their ancestral norms, drawing from them principles that complemented and contradicted prevailing Greek law. The Jews appealing to the leaders of the πολίτευμα in Herakleopolis embraced Torah.
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1 online resource. :
Includes bibliographical references and index. :
9789004508286
9789004505636
La Cité du Logos: L'ecclésiologie de Clément d'Alexandrie et son enracinement christologique /
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Clément d'Alexandrie (150-215 Ap. J.-C.) est l'un des penseurs les plus brillants des premiers siècles chrétiens. Son enseignement, tout autant pétri de la Bible que de la pensée grecque, nous révèle la nature des débats aux premières heures de l'expansion du christianisme. Ce livre aborde un sujet peu étudié à ce jour, à savoir sa pensée sur l'Église. C'est pourtant un sujet récurent de ses ouvrages, où il réfléchit longuement sur l'Église à partir de l'être et la mission du Logos divin. L'analyse du discours de Clément sur l'Église permet donc de revisiter les intuitions principales de sa christologie tout en apportant un éclairage sur sa perception de l'identité chrétienne à une époque où celle-ci est encore en construction. Clement of Alexandria (AD 150-215) is one of the most brilliant thinkers of the early Christian centuries. His teaching, steeped as much in the Bible as in Greek thought, reveals to us the nature of the debates in the early days of the expansion of Christianity. This book deals with a subject little studied to this day, namely his thoughts on the Church. Yet it is a recurring subject in his works, where he reflects at length on the Church from the point of view of the being and the mission of the divine Logos. Analysis of Clement's discourse on the Church therefore makes it possible to revisit the main intuitions of his Christology while shedding light on his perception of Christian identity at a time when it is still under construction.
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1 online resource. :
Includes bibliographical references and index. :
9789004505346
9789004505353
A commentary on selected speeches of Isaios /
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In A Commentary on Selected Speeches of Isaios , Brenda Griffith-Williams offers a fresh insight, accessible to non-Greek readers, into four disputed inheritance cases from the Athenian courts in the 4th century B.C. The only comprehensive English language commentary on Isaios (Wyse, 1904) reflects a negative view of the Athenian legal system as one in which the judges, who had no legal training, could be easily outwitted by an unscrupulous speechwriter with no regard for the truth. By addressing the complex interplay of factual, legal, and rhetorical issues in the selected speeches, Brenda Griffith-Williams identifies the strengths and weaknesses of each speaker's case and presents a more balanced assessment of Isaios's work.
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Revision of the author's doctoral thesis, University of London, 2009. :
1 online resource (xx, 272 pages) : illustrations. :
Includes bibliographical references (p. 257-261) and index. :
9789004260184 :
Available to subscribing member institutions only.
Inscribed Athenian laws and decrees 352/1-322/1 BC : epigraphical essays /
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This book collects eighteen papers which make original contributions to the study of the inscribed laws and decrees of the city of Athens, 352/1-322/1 BC, the most richly documented period of the city's history. Originally published in academic journals, conference proceedings and Festschriften between 2000 and 2010, they lay groundwork for the author's new edition of these inscriptions, IG II³ Part 1, fascicule 2. The papers, which are based on fresh comprehensive autopsy of the stones and study of squeezes, photographs and early transcripts, report important epigraphical findings (e.g. new readings, restorations, joins and datings), and include studies of onomastics and of the chronology and the history of the period.
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1 online resource (xii, 434 pages) :
Includes bibliographical references and index. :
9789004228528 :
Available to subscribing member institutions only.
Shipwrecks, Legal Landscapes and Mediterranean Paradigms : Gone Under Sea /
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This book changes our understanding of the Roman conceptions about the sea by placing the focus on shipwrecks as events that act as bridges between the sea and the land. The study explores the different Roman legal definitions of these spaces, and how individuals of divergent legal statuses interacted within these areas. Its main purpose is to chart and analyse the Roman conception of the maritime landscape from the Late Republican until the Severan period. This book integrates maritime history and ethnography with the physical remains of past maritime systems, such as shipwrecks, ports, villages, fortifications, and documented legal rulings.
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This book challenges the Roman conceptions about the sea and maritime landscapes by placing the focus on shipwrecks as events that act as bridges between sea and land. It studies legal literature through the lens of the maritime cultural landscape theory.
Based on author's thesis (doctoral - Universidad de Alicante, 2014) issued under title: El edicto de incendio ruina naufragio rate nave expugnata (D. 47, 9, 1) : responsabilidad penal por cuestión de naufragio, :
1 online resource. :
Includes bibliographical references and index. :
9789004515802
9789004514980
The Water Supply of Ancient Rome : City Area, Water, and Population /
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Kleijn, G. de The Water Supply of Ancient Rome. City Area, Water, and Population. 2001 The Aqua Appia (312 BC) was the first of the eleven aqueducts leading to Rome to be built in antiquity. Time and again, the volume of water brought into the city was increased through the construction of new aqueducts. Rome's population and the extent of its built-up area also changed over time. This study examines how data derived from our knowledge of the urban water supply in antiquity may help answering questions about the urban social fabric and topography. DMAHA 22 (2001), 365 p. Cloth. - 68.00 EURO, ISBN: 9050632688.
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1 online resource. :
Includes bibliographical references and index. :
9789004502307
9789050632683
The law of treasure /
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This title aims to provide a reliable guide to the Law of Treasure in England, Wales and Northern Ireland. It will be of vital interest and utility to metal detectorists in addition to archaeologists, museums, coroner's offices, finds liaison officers, farmers and landlords' associations.
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Previously issued in print: 2018. :
1 online resource (x, 152 pages) :
Specialized. :
9781784919757 (ebook) :