Women judges in the Muslim world : a comparative study of discourse and practice /
:
Women Judges in the Muslim World: A Comparative Study of Discourse and Practice fills a gap in academic scholarship by examining public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries (Indonesia, Malaysia, Pakistan, Syria, Egypt, Libya, Tunisia and Morocco). Gender, class, and ethnic biases are inscribed in laws, particularly in the domain of shariʿa -derived family law. Editors Nadia Sonneveld and Monika Lindbekk have carefully woven together the extensive fieldwork and expertise of each author. The result is a rich tapestry that brings out the various effects of women judges in the management of justice. In contrast to early scholarship, they convincingly prove that 'the woman judge' does not exist. Contributors are: Monique C. Cardinal, Jessica Carlisle, Monika Lindbekk, Rubya Mehdi, Valentine M. Moghadam, Najibah Mohd Zin, Euis Nurlaelawati, Arskal Salim, Nadia Sonneveld, Ulrike Schultz and Maaike Voorhoeve.
:
1 online resource (xxii, 324 pages) : illustrations. :
Includes bibliographical references and index. :
9789004342200 :
1570-7628 ; :
Available to subscribing member institutions only.
Use and abuse of law in the Athenian courts.
:
This timely volume brings together leading scholars and rising researchers in the field to examine the role played by the law in thinking and practice in the legal system of classical Athens. The aim is not to find a single perspective or method for the study of Athenian law but to explore the subject from a variety of different angles. The focus of the collection on 'use and abuse' raises fundamental questions about the status of law in the Athenian constitution as well as the use of law(s) in the courts, the nature of law itself, and the elusiveness of a definition of 'abuse'. An introduction sketches the major developments in the field over the last century.
:
1 online resource. :
9789004377899
Cultural property crime : an overview and analysis on contemporary perspectives and trends /
:
In Cultural Property Crime various experts in the fields of criminology, art law, heritage studies, law enforcement, forensic psychology, archaeology, art history and journalism provide multidisciplinary perspectives on today's concept of cultural property crime, including art crime. In addition, the volume deals with international, legal and practical developments regarding the increasing criminalization of acts against cultural property in times of conflict. Attention is paid to the changing status and fluctuating appraisal of cultural property as subject to classical art crimes generally in peacetime and as an identity-related symbolic target during conflict. The book covers a wide range of topics such as forgeries, white-collar crime, archaeological looting and the impact of war on cultural heritage. ALSO AVAILABLE IN PAPERBACK at a reduced price!
:
Includes index. :
1 online resource. :
9789004280540 :
Available to subscribing member institutions only.
Law and division of power in the Crimean Khanate (1532-1774) : with special reference to the reign of Murad Giray (1678-1683) /
:
The Crimean Khanate was often treated as a semi-nomadic, watered-down version of the Golden Horde, or yet another vassal state of the Ottoman Empire. This book revises these views by exploring the Khanate's political and legal systems, which combined well organized and well developed institutions, which were rooted in different traditions (Golden Horde, Islamic and Ottoman). Drawing on a wide range of sources, including the Crimean court registers from the reign of Murad Giray (1678-1683), the book examines the role of the khan, members of his council and other officials in the Crimean political and judicial systems as well as the practice of the Crimean sharia court during the reign of Murad Giray.
:
Based on author's thesis (doctoral - Uniwersytet Warszawski, 2010) issued under title: Law and division of power : a study on the reign of Murad Giray. :
1 online resource. :
Includes bibliographical references and index. :
9789004384323
Dispensing Justice in Islam : Qadis and their Judgements /
:
Dispensing Justice is designed to serve as a sourcebook of Islamic legal practice and qadi court records from the rise of Islam to modern times, drawing upon court records and qadi judgments, in addition to literary sources. In the first chapter, we survey the state of the field, sketching the history, structure, and modern transformation of the qadiship. The twenty chapters that follow are grouped thematically in four sections: (1) the nature and functions of the judgeship and its development over time; (2) the structure of the judicial apparatus; (3) the application of juristic thought and reasoning to specific cases in selected areas of the law; and (4) judicial procedure and the different forms of evidence. The volume fills a large gap in Islamic legal history.
:
1 online resource. :
Includes bibliographical references and index. :
9789047416722
9789004140677
The foundations of jurisprudence : an introduction to Imāmī Shīʿī legal theory /
:
Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.
:
1 online resource. :
Includes bibliographical references and index. :
9789004311770 :
Available to subscribing member institutions only.
The Water Supply of Ancient Rome : City Area, Water, and Population /
:
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.
:
1 online resource. :
Includes bibliographical references and index. :
9789004502307
9789050632683
The Capitulations and the Ottoman Legal System : Qadis, Consuls and Beratlıs in the 18th Century /
:
Pre-modern Western sources generally claim that European mercantile communities in the Ottoman Empire enjoyed legal autonomy, and were thus effectively immune to Ottoman justice. At the same time, they report numerous disputes with Ottoman officials over jurisdiction ("avanias"), which seems to contradict this claim, the discrepancy being considered proof of the capriciousness of the Ottoman legal system. Modern studies of Ottoman-European relations in this period have tended uncritically to accept this interpretation, which is challenged in this book.
:
1 online resource. :
Includes bibliographical references and index. :
9789047406129
9789004140356
The Treaties of Carlowitz (1699) : a Antecedents, Course and Consequences /
:
The Treaties of Carlowitz (1699) includes recent studies on the Lega Sacra War of 1683-1699 against the Ottoman Empire, the Peace treaties of Carlowitz (1699), and on the general impact of the conflict upon Modern Europe and the Balkans. With its contributions written by well-known international specialists in the field, the volume demonstrates that sometimes important conflicts tend to be forgotten with time, overshadowed by more spectacular wars, peace congresses or diplomatic alliances. The "Long War" of 1683-1699 is a case in point. By re-thinking and re-writing the history of the conflict and the subsequent peacemaking between a Christian alliance and the Ottoman state at the end of the 17th century, new perspectives, stretching into the present era, for the history of Europe, the Balkans and the Near East are brought into discussion. Contributors are: Tatjana Bazarova, Maurits van den Boogert, John Paul Ghobrial, Abdullah Güllüoğlu, Zoltan Györe, Colin Heywood, Lothar Höbelt, Erica Ianiro, Charles Ingrao, Dzheni Ivanova, Kirill Kochegarov, Dariusz Kołodziejzcyk, Hans Georg Majer, Ivan Parvev, Arno Strohmeier.
:
1 online resource :
9789004414280
A Bibliography of Islamic Criminal Law /
:
In A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline A Bibliography of Islamic Criminal Law covers, in its thematic section, not only the classical crime categories of ḥudūd , qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section dedicated to countries and eras, Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.
:
1 online resource. :
Includes bibliographical references and index. :
9789004472785
9789004447509
Continuity and innovation in the Aramaic legal tradition /
:
Ever since the Elephantine papyri were first published over a century ago, scholars have speculated on the origins of the well-developed legal formularies used in these documents. Since then, many more Aramaic deeds of conveyance both from Elephantine and from elsewhere have been published, especially within the last decade or so. With this expanded text base now available, the time is ripe for a comprehensive re-assessment of these legal formularies. This book endeavors to show that these disparate Aramaic documents, whose chronological scope spans several centuries, form a discrete and coherent tradition. It isolates and identifies the distinctive elements that form the core of this tradition and traces the histories of these elements back through the cuneiform record.
:
1 online resource. :
Includes bibliographical references (p. [204]-226) and index. :
9789047442226 :
Available to subscribing member institutions only.
How muftis think : Islamic legal thought and Muslim women in Western Europe /
:
In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women's duties and obedience, and one stressing women's rights and equality before the law. Focusing on muftis who see "the time and place" as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women's dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
:
1 online resource. :
Includes bibliographical references and index. :
9789004367852 :
Available to subscribing member institutions only.
God in the courtroom : the transformation of courtroom oath and perjury between Islamic and Franco-Egyptian law /
:
This volume compares the courtroom oaths of both Islamic and modern Egyptian legal systems, blending elements of legal history, comparative law, theology, philosophy and culture. Until now, academic research has paid little attention to the subject of the courtroom oath in the Islamic or Egyptian legal systems. As such, it might appear as if modern legislation in the Arab world on this subject forms the natural continuation of Islamic law, or that there are no significant differences between these two legal approaches. This unique study seeks to rectify this impression by examining the institution of the courtroom oath on the basis of three criteria: Islamic law, which discusses the oath in the context of the judicial proceeding, including debate between different schools and interpreters; the sources and approach of Arab law on this subject; and, lastly, the core of this book - a detailed legal comparison between the Islamic oath and the Arab oath. In itself, this is a study in legal history examining the origins, character, sources,and doctrines of the oath in Arab law and at the same time, it is a comparative study of Islamic and contemporary Arab law in this field.
:
1 online resource (xiii, 412 pages) : illustrations. :
Includes bibliographical references (p. [397]-404) and index. :
9789004217515 :
1384-1130 ; :
Available to subscribing member institutions only.
Beyond the Code : Muslim Family Law and the Shari'a Judiciary in the Palestinian West Bank /
:
Legal issues of personal status - including those implicating women's rights - continue to be a focal area of shari'a judicial practice in the Muslim world. Changing ideas of marriage, relations between the spouses, divorce, and the rights of divorcees and widows challenge the courts around the Arab world. In this context, the areas that came under the Palestinian Authority in 1994 command particular attention: the particular political and socio-economic circumstances that surround Palestine's progress toward full statehood have created a remarkable crucible for the synthesis of a new family law in the Arab world. This rigorous study of the interpretation and application of personal status law in the Palestinian West Bank (and to a lesser extent in the Gaza Strip) is the most extensive yet attempted. It presents a systematic analysis of the application of Islamic family law in nearly 10,000 marriage contracts, 1000 deeds of talaq (unilateral divorce) or khul' (divorce with renunciation), and 2000 judicial rulings over a time span that includes Jordanian rule and Israeli military occupation, updating this with material from the beginning of the jurisdiction of the Palestinian Authority. Taken into account are the sources of law used in the shari'a courts of the West Bank: the successive codes of family law (the Jordanian Law of Personal Status 1976 and its predecessor the Jordanian Law of Family Rights 1951), and traditional Hanafi rules and texts, along with commentaries by prominent contemporary shari'a scholars and Appeal Court decisions - as well as the amendments and modifications being sought by civil society actors (notably women's groups) in the West Bank and Gaza Strip, as well as in Jordan.
:
1 online resource. :
Includes bibliographical references and index. :
9789004480698
9789041188595
Inscribed Athenian laws and decrees in the age of Demosthenes /
:
This book collects twelve papers which make original contributions to the historical interpretation of inscribed Athenian laws and decrees, with a core focus on significant historical shapes and patterns implicit in the corpus of the age of Demosthenes. Following a synthetic Introduction, two chapters analyse locations and selectivity of inscribing, four explore the implications of the inscriptions for Athenian policy and for developing attitudes to the past, three for aspects of Athenian democracy. The volume concludes with two studies of specific inscriptions. Some of the papers have appeared elsewhere in conference proceedings and Festschriften, some are published here for the first time. The volume complements the author's previous collection, Inscribed Athenian Laws and Decrees 352/1-322/1 BC: Epigraphical Essays .
:
1 online resource. :
Includes bibliographical references and index. :
9789004352490 :
Available to subscribing member institutions only.
Neo-Babylonian court procedure /
:
Even though scholars have known of Neo-Babylonian legal texts almost since Assyriology's very beginnings, no comprehensive study of court procedure has been undertaken. This lack is particularly glaring in light of studies of court procedure in earlier periods of Mesopotamian history. With these studies as a model, this book begins by presenting a comprehensive classification of the text-types that made up the \'tablet trail\' of records of the adjudication of legal disputes in the Neo-Babylonian period. In presenting this text-typology, it considers the texts' legal function within the adjudicatory process. Based on this, the book describes the adjudicatory process as it is attested in private records as well as in records from the Eanna at Uruk. \'This study of textual typologies and adjudication processes will be of immense value to Assyriologists, biblical scholars and historians of law alike. This is without mentioning the wealth of social and economic insights evident in each case, let alone the valuable identification of Neo-Babylonian formulaic legal expressions.\' S. Jacobs "Overall, Holtz's work is replete with important data, insightful in its analysis and judicious in its interpretive decisions. It should serve not only as an important resource but also as a significant statement on the function of law and judicial procedure at an important time in Mesopotamian history." Bruce Wells, Saint Joseph's University
:
1 online resource. :
Includes bibliographical references (p. [321]-328) and indexes. :
9789047428428 :
Available to subscribing member institutions only.
The impact of justice on the Roman Empire : proceedings of the thirteenth workshop of the International Network Impact of Empire (Gent, June 21-24, 2017) / edited by Olivier Hekste...
:
The Impact of Justice on the Roman Empire discusses ways in which notions, practice and the ideology of justice impacted on the functioning of the Roman Empire. The papers assembled in this volume follow from the thirteenth workshop of the international network Impact of Empire. They focus on what was considered just in various groups of Roman subjects, how these views were legitimated, shifted over time, and how they affected policy making and political, administrative, and judicial practices. Linking all of the papers are three common themes: the emperor and justice, justice in a dispersed empire and differentiation of justice.
:
1 online resource. :
Includes bibliographical references and index. :
9789004400474
Legal pluralism in Muslim contexts /
:
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. 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. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
:
1 online resource. :
Includes bibliographical references and index. :
9789004398269
La Cité du Logos: L'ecclésiologie de Clément d'Alexandrie et son enracinement christologique /
:
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.
:
1 online resource. :
Includes bibliographical references and index. :
9789004505346
9789004505353