Beyond the Code : Muslim Family Law and the Shari'a Judiciary in the Palestinian West Bank /
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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.
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1 online resource. :
Includes bibliographical references and index. :
9789004480698
9789041188595
The Middle East in the New Millenium /
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This book is an in-depth portret of investment opportunity in the Middle East as it stands today. For each of sixteen countries, the author provides in-depth analysis of current economic, political, and business issues, with detailed attention to legislation in such vital areas as currency and banking, intellectual property rights, investment incentives, trade regulation, business form and structures, taxation, and the laws applicable to labor and environmental issues, as well as a desciption of relevant judicial procedures. The Middle East in the New Millenium represents the clearest indication we have yet of the prospects for crystallization of this region and the likely pace and aspect of economic liberalization.
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1 online resource. :
Includes bibliographical references and index. :
9789004480681
9789041188441
Dilemmas of attachment : identity and belonging among Palestinian Christians /
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This book offers an ethnographic account of contemporary Christian Palestinian lives in the Occupied Palestinian Territories. Through individual life stories, Bård Kårtveit shows how Christians in the District of Bethlehem strive to live meaningful lives. Lives which are shaped by Christian-Muslim relations within the national community, the impact of Israeli presence in the Palestinian Territories, migration and homeland-diaspora relationships, and which are heavily influenced by changes in their local community and traditional family structures. By situating these stories in the changing political contexts of Palestine, from late Ottoman to Israeli/Palestinian Authority rule, the author engages with these general processes of patriarchal resistance to social change; the role of minorities in nation-building processes; the impact of Western interventions in the region; the rise of political Islam; and the impact of emigration in the Arab World.
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1 online resource. :
Includes bibliographical references and index. :
9789004276390 :
1385-3376 ; :
Available to subscribing member institutions only.
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