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Dispensing Justice in Islam : Qadis and their Judgements /
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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.
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1 online resource. :
Includes bibliographical references and index. :
9789047416722
9789004140677
Debating the Law, Creating Gender : Sharia and Lawmaking in Palestine, 2012-2018 /
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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.
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1 online resource. :
Includes bibliographical references and index. :
9789004442313
9789004442306
Commercial Law in the Middle East /
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Preface by The Right Honourable The Lord Woolf "[The editors] are to be congratulated on bringing together in a book this significant collection of papers which, together with their introductory overview, provide a 'multi-faceted insight into commercial law and practice in the Middle East'. For those, like myself, who have limited knowledge of the subject, this book will provide an admirable introduction. For those who are already well-informed, there will be found in this book insights as to the development of law and practice in the Middle East which complements their existing knowledge. This book provides an instructive and stimulating contribution to a subject, the importance of which is becoming increasingly appreciated. I congratulate the authors of the papers on their contributions and hope that this book will reach the wide audience it deserves."
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1 online resource (387 pages) : illustrations. :
Includes bibliographical references and index. :
9789004639546