Land, Law and Islam

Property and Human Rights in the Muslim World

Author: Hilary Lim

Publisher: Zed Books Ltd.

ISBN: 1848137206

Category: Law

Page: 256

View: 6237

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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Land, Law and Islam

Property and Human Rights in the Muslim World

Author: Siraj Sait,Hilary Lim

Publisher: Zed Books

ISBN: 9781842778135

Category: Law

Page: 241

View: 4029

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In this pioneering work, Siraj Sait and Hilary Lim address Islamic property and land rights drawing on a range of socio-historical, classical and contemporary debates and their practice. They address the significance of Islamic theories of property and Islamic land tenure regimes on the "webs of tenure" prevalent in the Muslim societies. They consider the possibilities with Islamic legal and human rights systems for the development of inclusive, pro-poor and innovative approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of "authentic" Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Land, law and Islam

property and human rights in the Muslim world

Author: Siraj Sait,Hilary Lim

Publisher: N.A

ISBN: 9781842778135

Category: Law

Page: 241

View: 410

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Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world, drawing on a range of socio-historical, classical and contmporary debates.

Anthropology of Law in Muslim Sudan

Land, Courts and the Plurality of Practices

Author: Barbara Casciarri,Mohamed A. Babiker

Publisher: BRILL

ISBN: 9004362185

Category: Social Science

Page: 344

View: 1848

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Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society.

Islam and the Rule of Justice

Image and Reality in Muslim Law and Culture

Author: Lawrence Rosen

Publisher: University of Chicago Press

ISBN: 022651174X

Category: Law

Page: 288

View: 9094

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In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

Headscarves and Hymens

Why the Middle East Needs a Sexual Revolution

Author: Mona Eltahawy

Publisher: Farrar, Straus and Giroux

ISBN: 0374710651

Category: Religion

Page: 256

View: 3581

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A passionate manifesto decrying misogyny in the Arab world, by an Egyptian American journalist and activist When the Egyptian journalist Mona Eltahawy published an article in Foreign Policy magazine in 2012 titled "Why Do They Hate Us?" it provoked a firestorm of controversy. The response it generated, with more than four thousand posts on the website, broke all records for the magazine, prompted dozens of follow-up interviews on radio and television, and made it clear that misogyny in the Arab world is an explosive issue, one that engages and often enrages the public. In Headscarves and Hymens, Eltahawy takes her argument further. Drawing on her years as a campaigner and commentator on women's issues in the Middle East, she explains that since the Arab Spring began, women in the Arab world have had two revolutions to undertake: one fought with men against oppressive regimes, and another fought against an entire political and economic system that treats women in countries from Yemen and Saudi Arabia to Egypt, Tunisia, and Libya as second-class citizens. Eltahawy has traveled across the Middle East and North Africa, meeting with women and listening to their stories. Her book is a plea for outrage and action on their behalf, confronting the "toxic mix of culture and religion that few seem willing or able to disentangle lest they blaspheme or offend." A manifesto motivated by hope and fury in equal measure, Headscarves and Hymens is as illuminating as it is incendiary.

Gender, Asset Accumulation and Just Cities

Pathways to transformation

Author: Caroline O.N. Moser

Publisher: Routledge

ISBN: 1317689496

Category: Business & Economics

Page: 220

View: 6296

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With more than half the world’s population now living in urban areas, urbanisation is undoubtedly one of the most important phenomena of the 21st century. However, despite increasing recognition of the critical relationship between economic and social development in cities, gender issues are often overlooked in understanding the complexities of current urbanisation processes. This book seeks to rectify this neglect. Gender, Asset Accumulation and Just Cities explores the contribution that a focus on the gendered nature of asset accumulation brings to the goal of achieving just, more equitable cities. To date neither the academic debates nor the formulated policy and practice on just cities has included a focus on gender-based inequalities, discriminations, or opportunities. From a gender perspective, a separate discourse exists, closely associated with gender justice, particularly in relation to urban rights and democracy. Neither, however, has addressed the implications for women’s accumulation of assets and associated empowerment for transformational pathways to just cities. In this book, contributors specifically focus on gender and just cities from a wide range of gendered perspectives that include households, housing, land, gender-based violence, transport, climate, and disasters.

The International Law of Property

Author: John G. Sprankling

Publisher: OUP Oxford

ISBN: 0191502529

Category: Law

Page: 400

View: 3429

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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

A God Who Hates

The Courageous Woman Who Inflamed the Muslim World Speaks Out Against the Evils of Islam

Author: Wafa Sultan

Publisher: St. Martin's Press

ISBN: 9781429984539

Category: Biography & Autobiography

Page: 256

View: 8033

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From the front page of The New York Times to YouTube, Dr. Wafa Sultan has become a force radical Islam has to reckon with. For the first time, she tells her story and what she learned, first-hand, about radical Islam in A God Who Hates, a passionate memoir by an outspoken Arabic woman that is also a cautionary tale for the West. She grew up in Syria in a culture ruled by a god who hates women. "How can such a culture be anything but barbarous?", Sultan asks. "It can't", she concludes "because any culture that hates its women can't love anything else." She believes that the god who hates is waging a battle between modernity and barbarism, not a battle between religions. She also knows that it's a battle radical Islam will lose. Condemned by some and praised by others for speaking out, Sultan wants everyone to understand the danger posed by A God Who Hates.

Women, Work and Islamism

Ideology and Resistance in Iran

Author: Maryam Poya

Publisher: Zed Books

ISBN: 9781856496827

Category: Religion

Page: 186

View: 3670

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"A major exploration of Islamism in practice, this book looks at the influence of state, economy and religion on women in Iran. Based on original research, the book is the most up-to-date study of women in Iran available." "A history of Iran, an introduction to Islamism and an analysis of the women and Islam debate, this book will be necessary reading for students and academics of Middle East studies, women's studies and labour studies."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Civil Democratic Islam

Partners, Resources, and Strategies

Author: Cheryl Benard,Andrew Riddile,Peter A. Wilson,Steven W. Popper

Publisher: Rand Corporation

ISBN: 0833036203

Category: Political Science

Page: 88

View: 6284

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In the face of Islam's own internal struggles, it is not easy to see who we should support and how. This report provides detailed descriptions of subgroups, their stands on various issues, and what those stands may mean for the West. Since the outcomes can matter greatly to international community, that community might wish to influence them by providing support to appropriate actors. The author recommends a mixed approach of providing specific types of support to those who can influence the outcomes in desirable ways.

Women's Rights and Islamic Family Law

Perspectives on Reform

Author: Lynn Welchman

Publisher: Zed Books

ISBN: 9781842770955

Category: Religion

Page: 300

View: 4192

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The family is where legal rules presented as part of the Islamic shari`a are most widely applied in the Muslim world. This connection, often differently elaborated by particular social constituencies, can present difficulties to the advocates of law reform. At the same time, the resonance of the issues at which advocacy is targeted creates an opportunity for creative exchange in addressing practical strategies for change. This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.Three contrasting country cases have been selected: * Egypt, with a majority Muslim population, the most populous Arab state with a tradition of regional leadership in matters legal, and a constitutional clause on the place of 'principles of the shari`a' as the principal source of legislation * The West Bank and Gaza, also with a majority Muslim population, but with no sovereign power and no national legislation on the issue -- family law here having become a contested site between different visions of national identity in the process of trying to build a Palestinian state* The United States of America, where some in the minority Muslim communities seek to regulate their family relations in accordance with 'principles of the shari`a' within the context of the domestic legal framework of a non-Muslim state applying civil law requirements to all family matters A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari`a' in advocacy on the question of violence against women. This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.

Islam and International Law

Engaging Self-Centrism from a Plurality of Perspectives

Author: N.A

Publisher: Martinus Nijhoff Publishers

ISBN: 9004233369

Category: Law

Page: 488

View: 8013

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Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

Merchant Communities in Asia, 1600–1980

Author: Madeleine Zelin

Publisher: Routledge

ISBN: 1317317882

Category: History

Page: 272

View: 6289

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This book is the first to use local primary sources to explore the interaction between foreign and native merchants in Asian countries. Contributors discuss the different economic, political and cultural conditions that gave rise to a variety of merchant communities in Korea, China, Japan, Taiwan, the Philippines, Singapore and India.

Women, Islam and Globalization in the Twenty-first Century

Author: Nilgun Anadolu-Okur

Publisher: Cambridge Scholars Publishing

ISBN: 9781443813099

Category: Religion

Page: 204

View: 2231

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In this interdisciplinary volume, Dr. Nilgün Anadolu-Okur aims to communicate a constructive analysis of Muslim identity, but primarily of Muslim womanhood in the twenty-first century. Her own essay discusses Turkish women's historical emancipation and Mustafa Kemal Ataturk's reforms. The other contributors focus on civil, political and international human rights, family laws, honor killings, ethical and gender issues, education, participation in civil life, modernism versus conservatism, life in gated communities, and professional goals and rights of Muslim women under Shari'a law throughout a wide range of countries where Islam is not only the established faith of the land but a principal way of life. Through seven interdisciplinary essays, one play and an interview, the lesser-known aspects of Muslim womanhood in Muslim countries including Iran, Pakistan, Turkey, Morocco, Saudi Arabia and Lebanon are examined. In addition, the essays depict legal and social impediments faced by Muslims who live in France, Germany and the United States. As an original work this volume seeks to articulate Muslim women's daily struggles, challenges, choices and needs as they practice their rights of womanhood and motherhood in the second decade of the twenty-first century. Through an accurate analysis, a positive subtext is ultimately provided to Muslim identity, specifically to Muslim womanhood. Like anything else, during the age of globalization Islam is going through a transition. As expressed in this study, amendments to civil and religious laws, modifications in established governmental systems and the prominence of individual rights as opposed to societal norms coalesce to bring about a contemporary re-assessment of women's rights within Islam globally. Additionally, this volume intends to articulate the concern commonly shared by various scholars that the Western mind needs to be illuminated and educated concerning racially motivated Eurocentric delineations which tend to dismiss the varied qualities and characteristics of Muslim women who have persevered for centuries under the unbending rule of Muslim men in power. Hence, this pioneering study explores the boundaries of the new female Muslim identity both within and outside the Muslim world at the crossroads of globalism and the twenty-first century.

Contemporary Islamic Law in Indonesia

Author: Arskal Salim

Publisher: Edinburgh University Press

ISBN: 0748693483

Category: Law

Page: 232

View: 5897

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Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.

Land and Post-Conflict Peacebuilding

Author: Jon Unruh,Rhodri Williams

Publisher: Routledge

ISBN: 1136536620

Category: Law

Page: 624

View: 5250

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Claims to land and territory are often a cause of conflict, and land issues present some of the most contentious problems for post-conflict peacebuilding. Among the land-related problems that emerge during and after conflict are the exploitation of land-based resources in the absence of authority, the disintegration of property rights and institutions, the territorial effect of battlefield gains and losses, and population displacement. In the wake of violent conflict, reconstitution of a viable land-rights system is crucial: an effective post-conflict land policy can foster economic recovery, help restore the rule of law, and strengthen political stability. But the reestablishment of land ownership, land use, and access rights for individuals and communities is often complicated and problematic, and poor land policies can lead to renewed tensions. In twenty-one chapters by twenty-five authors, this book considers experiences with, and approaches to, post-conflict land issues in seventeen countries and in varied social and geographic settings. Highlighting key concepts that are important for understanding how to address land rights in the wake of armed conflict, the book provides a theoretical and practical framework for policy makers, researchers, practitioners, and students. Land and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in the series address high-value resources, water, livelihoods, assessing and restoring resources, and governance.

Islam, Modernity and a New Millennium

Themes from a Critical Rationalist Reading of Islam

Author: Ali Paya

Publisher: Routledge

ISBN: 1351615599

Category: Religion

Page: 272

View: 3344

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As the world becomes increasingly globalised Islam faces some important choices. Does it seek to "modernise" in line with the cultures in which it is practised, or does it retain its traditions even if they are at odds with the surrounding society? This book utilizes a critical rationalist viewpoint to illuminate many of the hotly contended issues in modern Islam, and to offer a fresh analysis. A variety of issues within Islam are discussed in this book including, Muslims and modernity; Islam, Christianity and Judaism; approaches to the understanding of the Quran; Muslim identity and civil society; doctrinal certainty and violent radicalism. In each case, the author makes use of Karl Popper’s theory of critical rationalism to uncover new aspects of these issues and to challenge post-modern, relativist, literalist and justificationist readings of Islam. This is a unique perspective on contemporary Islam and as such will be of significant interest to scholars of Religious Studies, Islamic Studies and the Philosophy of Religion.

Philosophy in the Islamic World

A History of Philosophy Without Any Gaps

Author: Peter Adamson

Publisher: Oxford University Press

ISBN: 0199577498

Category: Philosophy

Page: 544

View: 2965

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Peter Adamson presents the first full history of philosophy in the Islamic world for a broad readership. He traces its development from early Islam to the 20th century, ranging from Spain to South Asia, featuring Jewish and Christian thinkers as well as Muslim. Major figures like Avicenna, Averroes, and Maimonides are covered in great detail, but the book also looks at less familiar thinkers, including women philosophers. Attention is also given to thephilosophical relevance of Islamic theology (kalam) and mysticism--the Sufi tradition within Islam, and Kabbalah among Jews--and to science, with chapters on disciplines like optics and astronomy. The first partof the book looks at the blossoming of Islamic theology and responses to the Greek philosophical tradition in the world of Arabic learning, the second discusses philosophy in Muslim Spain (Andalusia), and a third section looks in unusual detail at later developments, touching on philosophy in the Ottoman, Mughal, and Safavid empires.