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Islamic Natural Law Theories

Anver M. Emon

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579006
eISBN:
9780191722639
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579006.001.0001
Subject:
Law, Philosophy of Law, Legal History

This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of ... More


Islamic Divorce in North America: A Shari’a Path in a Secular Society

Julie Macfarlane

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199753918
eISBN:
9780199949588
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199753918.001.0001
Subject:
Religion, Islam

There is increasing attention among policy makers and the public to the role of shari’a in everyday life for Western Muslims, raising many negative associations and public fear. In fact, the most ... More


The Clash of Universalisms: Religious and Secular in Human Rights

Abdulaziz Sachedina

in Islam and the Challenge of Human Rights

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195388428
eISBN:
9780199866755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388428.003.0001
Subject:
Religion, Religion and Society, Islam

This chapter lays the groundwork for assessing traditionalist Muslim scholarship on human rights to date. It undertakes to argue that the Universal Declaration of Human Rights cannot be dismissed ... More


Christian Lives Given to the Study of Islam

Christian W. Troll and C.T.R. Hewer (eds)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780823243198
eISBN:
9780823243235
Item type:
book
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823243198.001.0001
Subject:
Religion, Islam

This book captures the autobiographical reflections of twenty-eight Christians who were amongst those who, in the wake of the Second Vatican Council (1962-65) and initiatives of the World Council of ... More


Fiqh in the Twentieth Century: A Comparative Approach

KATE ZEBIRI

in Maḥmūd Shalt=ut and Islamic Modernism

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198263302
eISBN:
9780191682469
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198263302.003.0005
Subject:
Religion, Islam

This chapter examines the works of Maḥmūd Shaltūt relevant to the Islamic fiqh. During the 19th and 20th centuries, the development of fiqh was overtaken by the rapid pace of legal reforms and in ... More


The ʽAshāra and the Ṭariqa, in Public and Private

Julian Johansen

in Sufism and Islamic Reform in Egypt: The Battle for Islamic Tradition

Published in print:
1996
Published Online:
October 2011
ISBN:
9780198267577
eISBN:
9780191683305
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267577.003.0004
Subject:
Religion, Islam

This chapter explores the contrast between the 'Ashīra as the publicly visible ‘face’ of the Order and the Ṭarīqa itself. This is to demonstrate the ways in which the Order is presented to the ... More


Legal Issues for Islamic Marriage and Divorce

Julie Macfarlane

in Islamic Divorce in North America: A Shari’a Path in a Secular Society

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199753918
eISBN:
9780199949588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199753918.003.0008
Subject:
Religion, Islam

This chapter opens with a discussion of the 2010 Oklahoma Referendum which vividly demonstrates public fears and misapprehensions about “shari’a law.” One such misapprehension is the belief ... More


Khul' Divorce in Egypt: Public Debates, Judicial Practices, and Everyday Life

Nadia Sonneveld

Published in print:
2012
Published Online:
September 2012
ISBN:
9789774164842
eISBN:
9781617971082
Item type:
book
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774164842.001.0001
Subject:
Society and Culture, Middle Eastern Studies

At the beginning of the twenty-first century, Egyptian women gained the unique right to divorce their husbands unilaterally through a procedure called khul'. This has been a controversial ... More


Clearing Ground: Commentary to ‘Shari‘a and the Modern State’

Muhammad Khalid Masud

in Islamic Law and International Human Rights Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199641444
eISBN:
9780191741104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641444.003.0006
Subject:
Law, Human Rights and Immigration, Comparative Law

The discussions on Shari'a and international law in Chapters 1 and 2, respectively, demystify the concept of the ‘rule of law’ and point to the dynamic nature of law, which keeps unfolding itself in ... More


The ‘Khul̒ Law’ Criticized: The First Pen

Nadia Sonneveld

in Khul' Divorce in Egypt: Public Debates, Judicial Practices, and Everyday Life

Published in print:
2012
Published Online:
September 2012
ISBN:
9789774164842
eISBN:
9781617971082
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774164842.003.0003
Subject:
Society and Culture, Middle Eastern Studies

Provides an examination of the written sources in the national media, including newspapers and magazines. In addition to an analysis of the debate on khul', it presents an examination of reforms ... More


Past Precedents and Colonial Rule

Thomas Martin

in Empires of Intelligence: Security Services and Colonial Disorder after 1914

Published in print:
2007
Published Online:
March 2012
ISBN:
9780520251175
eISBN:
9780520933743
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520251175.003.0002
Subject:
History, European Modern History

This chapter returns us to the question of how colonial governments made policy choices about the treatment of subject populations, particularly in circumstances where imperial security was at stake. ... More


A Secular Europe: Law and Religion in the European Constitutional Landscape

Lorenzo Zucca

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199592784
eISBN:
9780191738906
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592784.001.0001
Subject:
Law, Constitutional and Administrative Law, EU Law

How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. This book argues ... More


THE SELJUQS AND THE PUBLIC SPHERE IN THE PERIOD OF SUNNI REVIVALISM: THE VIEW FROM BAGHDAD

Daphna Ephrat

in The Seljuqs: Politics, Society and Culture

Published in print:
2011
Published Online:
March 2012
ISBN:
9780748639946
eISBN:
9780748653294
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748639946.003.0008
Subject:
Society and Culture, Middle Eastern Studies

During the period called the Sunni revival (late fifth/eleventh and sixth and twelfth centuries), a mainstream Sunni camp was emerging in the Islamic Near East. In their effort to end the religious ... More


Freedom of Religion and Expression: A ‘Rule of Law’ Perspective *

Malik Imtiaz Sarwar

in Islamic Law and International Human Rights Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199641444
eISBN:
9780191741104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641444.003.0013
Subject:
Law, Human Rights and Immigration, Comparative Law

This chapter argues that there are no significant differences between the way the freedoms are to be applied under the Shari'a and under the international human rights law framework. Moreover, a ... More


Questioning Secularism: Islam, Sovereignty, and the Rule of Law in Modern Egypt

Hussein Ali Agrama

Published in print:
2012
Published Online:
January 2014
ISBN:
9780226010687
eISBN:
9780226010700
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226010700.001.0001
Subject:
Anthropology, Anthropology, Religion

The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations' secular ... More


A Novice

Ebrahim Moosa

in What Is a Madrasa?

Published in print:
2015
Published Online:
January 2016
ISBN:
9781469620138
eISBN:
9781469623337
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469620138.003.0002
Subject:
Religion, Islam

In this chapter, the author reflects on his six years of stay in the madrasas of India and how the experience has shaped his view of Islam as both an intellectual tradition and a practice. After ... More


Called from My Mother's Womb

Lucie Pruvost

in Christian Lives Given to the Study of Islam

Published in print:
2012
Published Online:
January 2013
ISBN:
9780823243198
eISBN:
9780823243235
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823243198.003.0005
Subject:
Religion, Islam

Pruvost was born in Algeria and imbibed Muslim practice through observation before she became a White Sister and subsequently devoted herself to the study of Shari'a in Tunisia and a teaching career ... More


The Legalization of Hisba in the Case of Nasr Abu Zayd

Hussein Ali Agrama

in Questioning Secularism: Islam, Sovereignty, and the Rule of Law in Modern Egypt

Published in print:
2012
Published Online:
January 2014
ISBN:
9780226010687
eISBN:
9780226010700
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226010700.003.0002
Subject:
Anthropology, Anthropology, Religion

This chapter examines how legal transformations have affected the Shari'a and how the construction of new legal conditions has altered the significance of specific Islamic concepts and practices in ... More


Sovereign Islam in a Secular State: Hidden Knowledge and Sufi Governance Among “Taalibe Baay”

Joseph Hill

in Tolerance, Democracy, and Sufis in Senegal

Published in print:
2013
Published Online:
November 2015
ISBN:
9780231162630
eISBN:
9780231530897
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231162630.003.0005
Subject:
Political Science, Democratization

This chapter studies how the pluralistic orientation of the Senegalese Sufis serves as clear illustration of the many practical approaches to pluralism encountered in the Muslim world. It identifies ... More


Family Law as a Site of Struggle and Subordination

Noga Efrati

in Women in Iraq: Past Meets Present

Published in print:
2012
Published Online:
November 2015
ISBN:
9780231158145
eISBN:
9780231530248
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231158145.003.0002
Subject:
History, Middle East History

This chapter examines the power struggle that emerged between British customary law and Shari'a law over matters pertaining to family. The conflict has its roots in the two different legal systems ... More


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