law differences » la difference (توسيع البحث), class differences (توسيع البحث), hear differences (توسيع البحث)
property law » property _ (توسيع البحث)
property a » property _ (توسيع البحث)
poverty a » poverty _ (توسيع البحث)
The Rome Statute and Islamic Law : A Comparative Analysis with Special Reference to Saudia Arabia /
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This book examines in depth the degree of compatibility and incompatibility between the general principles and jurisdiction of Islamic law and international criminal law (the Rome Statute). It discusses the controversy related to the non-ratification of the Rome Statute by some Islamic and Arab countries. The author analyses arguments that maintain that Islamic law cannot be compatible with international criminal law, and makes it clear that there are no fundamental differences between the principles of Islamic law and the principles of international criminal law. The book considers Saudi Arabia as a case for reference. See Less
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1 online resource (375 pages) : illustrations. :
Includes bibliographical references and index. :
9789004711730
International Dimensions of Humanitarian Law /
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Commissioned by UNESCO from the Henry Dunant Institute, this volume of essays lays the foundation for an international programme for the teaching of international humanitarian law within the framework of UNESCO's plan for the development of the teaching of human rights. Parts I and II deal with the development of humanitarian ideas and law within different schools of thought and cultural traditions; Part III with the law of armed conflict and Part IV with the application of international humanitarian law. It is hoped that the publication of this volume, which, in its original French edition, coincided with the 40th Anniversary of UNESCO and the International Year of Peace proclaimed in 1986 by the UN General Assembly, will reinforce the determination of the international community to achieve the aim of the founders of UNESCO, namely to construct the defences of peace in the minds of men.
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Includes bibliographical references and index. :
9789004642638
Sovereign Wealth Funds and State Immunity /
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How does the hybrid nature of SWFs affect the application of state immunity to these funds? May an SWF be sued in foreign courts for wrongful acts committed in the course of its investment activities? Can SWF investments be attached by a private creditor seeking to enforce an investment arbitration award against the fund's state of nationality? This monograph addresses these questions from the perspective of the 2004 New York Convention and six selected jurisdictions (US, UK, France, Germany, Italy, China), with the broader aim of highlighting potential new standards for implementation of the state immunity rule to SWFs.
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1 online resource (175 pages) : illustrations. :
Includes bibliographical references and index. :
9789004710795
Islamic law on peasant usufruct in Ottoman Syria : 17th to early 19th century /
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Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership', ideas of private vs. public good, and prevailing conceptions of social and economic justice.
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1 online resource (210 pages) :
9789004228672 :
Available to subscribing member institutions only.
The Jerusalem Question and Its Resolution: Selected Documents /
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It is universally accepted that Jerusalem is a unique city. It stirs up strong emotions among adherents of various religions as it is the centre of three religions, and it is the subject of conflicting national aspirations of two peoples. The diverse attitudes and wishes associated with the city are expressed, inter alia , in certain documents. This collection presents the most important of these documents. This will help the reader to understand the difficulties and may assist in the search for solutions. There may be differences of opinion over historical facts and documents may be subject to differing interpretations. Convenient access to the relevant documents is a prerequisite for any attempt to understand the problem and seek solutions. The collection includes documents concerning the status of Jerusalem from the point of view of Israel's law and administration, as well as documents from the Arab world and from the international sphere. The editors have focused on official documents and in particular on those that have had a practical influence on the status of the city, or are likely to do so in the future. The collection will assist students and scholars who seek to understand the special status of Jerusalem, as well as politicians and diplomats who are responsible for ensuring its welfare and prosperity.
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1 online resource (576 pages) : illustrations. :
Includes bibliographical references and index. :
9789004638969
Crime, Justice, and Defoe : Law Enforcement Reported and Imagined in Eighteenth-Century England /
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Having filched a little white bundle from under the noses of an apothecary's apprentice and his maid in London's Leadenhall Street, Defoe's Moll Flanders is sure that she will be "taken next time and be carry'd to Newgate and be Try'd for my Life". The likelihood of being arrested, tried and executed runs like an electric current through Moll's accounts of the many successful getaways that follow, and of how she negotiates her way out of the hands of her victims and would-be prosecutors, constables, magistrates and judges. These narratives cannot be understood in terms of the framework of law enforcement practice taken for granted by modern consumers of crime fiction and news reports. Crime, Justice, and Defoe brings to the surface assumptions embedded in both Moll Flanders and Colonel Jack about who might do or say what at a crime scene, before a J.P., in court, and during negotiations for a pardon, assumptions to which we are now culturally blind. For help with this, the book draws on social histories of crime and justice, on early modern prescriptive manuals, on magistrates' examinations of accused persons, and on reports of trials for property crime held at the Old Bailey in the early 1720s. It pays special attention to the changes taking place in law enforcement in Defoe's lifetime and asks how his fictions may have helped naturalise those changes, or hindered them. In the process, the book explores the multi-layered narrative techniques used to tell readers both what 'really' happened and how matters might - or should - have turned out differently.
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1 online resource (250 pages) : illustrations. :
Includes bibliographical references and index. :
9789004734517
Sovereignty : European and Global Histories, 1400-1800 /
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Was the emperor as sovereign allowed to seize the property of his subjects? Was this handled differently in late medieval Roman law and in the practice and theory of zabt in Mughal India? How is political sovereignty relating to the church´s powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a ´corporation´ interacting with an Indian Nawab? How was the Shogunate and the emperor negotiating ´sovereignty´ in early modern Japan? The volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law. Contributors include: Kenneth Pennington, Fabrice Micallef, Philippe Denis, Sylvio Hermann De Franceschi, Joshua Freed, David Dyzenhaus, Michael P. Breen, Daniel Lee, Andrew Fitzmaurice and Kajo Kubala, Nicholas Abbott, Tiraana Bains, Cornel Zwierlein, Mark Ravina.
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1 online resource (436 pages) : illustrations. :
Includes bibliographical references and index. :
9789004218628
Sharīʻa and the Islamic state in 19th-century sudan : the Mahdi's legal methodology and doctrine /
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The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and "Righteous Caliphs" in Medina. As the "Successor of the Prophet", the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and "traditions" attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna , and inspiration ( ilhām ) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his "legislation" as an instrument to promote his political, social and moralistic agenda.
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1 online resource. :
Includes bibliographical references and index. :
9789004313996 :
Available to subscribing member institutions only.
Economics of an Islamic economy /
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This book challenges the interventionist stance of Islamic economics as well as its presumption that riba equals interest. An Islamic economy, it argues, is essentially a market economy, but it differs from capitalist economies because both its institutions and the structure of, for example, property rights are specifically Islamic, deriving from Qurʾān and other sources of Islamic law. The book also focuses on the similarities and differences between riba and interest, establishes the often neglected connection between the two, and explores the ramifications of this connection for Islamic financial systems.
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1 online resource. :
Includes bibliographical references and index. :
9789047441724 :
Available to subscribing member institutions only.
