• An overview of canon law
• Canon law and the sexual abuse crisis : antinomianism, legalism, and the failure of the rule of law
• Canon law and the sexual abuse crisis continued : the consequences of the failure of the rule of law
• Church property : a comparison of the theories of property in canon law and liberal theory
• Church property continued : the diocese and parish; canon law and state law
• Indeterminacy in canon law : the refusal of holy communion to catholic public officials : canon 915 : "a central case"
• The indeterminacy claim continued : canon 915 : "a doubtful or hard case"
• Concluding observations : antinomianism, legalism, and the rule of law.

Canon Law: A Comparative Study with Anglo-American Legal Theory, by the Reverend John J. Coughlin, explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to canon law (antinomianism diminishes or denies the importance of canon law, while legalism overestimates the function of canon law in the life of the Catholic Church). The Introduction discusses these approaches as threats to the rule of law in the Church, and describes the concept of the rule of law in the thought of various Anglo-American legal theorists. Chapter One offers an overview of canon law as the "home system" in this comparative study. The remaining chapters consider antinomian and legalistic approaches to the rule of law in light of three specific issues: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters Two and Three discuss the failure of the rule of law as a result of antinomian and legalistic approaches to the sexual abuse crisis. Chapters Four and Five compare the concept of property in canon law with that of liberal political theory; they discuss the ownership of parish property in light of diocesan bankruptcies, the relationship between church property and the law of the secular state, and the secularization of Catholic institutions and their property. Chapters Six and Seven raise the indeterminacy claim with regards to canon law and the arguments for and against the denial of Holy Communion to Catholic public officials. Although the three issues arise in the context of the United States, they raise broader theoretical issues about antinomianism, legalism, and the rule of law. Throughout the comparative study, American legal theory functions to clarify these broader issues in canon law. The concluding chapter offers a synthesis of this comparative study.
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Some two thousand years ago, in a small province of the Roman Empire, an obscure Roman governor ordered the execution of a peasant leader. It went virtually unnoticed at the time. No official report of the event has survived, and we would have no memory.

• Preface
• Natural law and Christianity: a brief history / R.H. Helmholz
• Natural law in the Roman Catholic tradition / Helen Costigane
• Natural law in the Orthodox tradition / Paul Babie
• Natural law in the Anglican tradition / Will Adam
• Natural law in the Lutheran tradition / Antti Raunio
• Natural law in the Methodist tradition / John A. Harrod
• Natural law in the Reformed tradition / Mary Anne Plaatjies van Huffel
• Natural law in the Baptist tradition / Paul Goodliff
• Natural law in the Ecumenical movement / Leo J. Koffeman
• Natural law in an interfaith context : the Abrahamic religions / Norman Doe
• Natural law and philosophical presuppositions / Owen Anderson
• Towards a jurisprudence of Christian law / Russell Sandberg.

Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.
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First published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.
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• Contributors are: Tzvi Abusch, Joseph Angel, Victor Bers, Chaya Halberstam, Zeev Harvey, Shalom E. Holtz, Job Y. Jindo, Meira Z. Kensky, Adriaan Lanni, Andrew T. Lincoln, F. Rachel Magdalene, Ari Mermelstein, Carol A. Newsom, Mathieu Tillier, Dov Weiss.
• (source: Nielsen Book Data)

Contributors to The Divine Courtroom in Comparative Perspective treat one of the most pervasive religious metaphors, that of the divine courtroom, in both its historical and thematic senses. In order to shed light on the various manifestations of the divine courtroom, this volume consists of essays by scholars of the ancient Near East, Hebrew Bible, Second Temple Judaism, early Christianity, Talmud, Islam, medieval Judaism, and classical Greek literature. Contributions to the volume primarily center upon three related facets of the divine courtroom: the role of the divine courtroom in the earthly legal system; the divine courtroom as the site of historical justice; and the divine courtroom as the venue in which God is called to answer for his own unjust acts.
(source: Nielsen Book Data)

• Contributors are: Tzvi Abusch, Joseph Angel, Victor Bers, Chaya Halberstam, Zeev Harvey, Shalom E. Holtz, Job Y. Jindo, Meira Z. Kensky, Adriaan Lanni, Andrew T. Lincoln, F. Rachel Magdalene, Ari Mermelstein, Carol A. Newsom, Mathieu Tillier, Dov Weiss.
• (source: Nielsen Book Data)

Contributors to The Divine Courtroom in Comparative Perspective treat one of the most pervasive religious metaphors, that of the divine courtroom, in both its historical and thematic senses. In order to shed light on the various manifestations of the divine courtroom, this volume consists of essays by scholars of the ancient Near East, Hebrew Bible, Second Temple Judaism, early Christianity, Talmud, Islam, medieval Judaism, and classical Greek literature. Contributions to the volume primarily center upon three related facets of the divine courtroom: the role of the divine courtroom in the earthly legal system; the divine courtroom as the site of historical justice; and the divine courtroom as the venue in which God is called to answer for his own unjust acts.
(source: Nielsen Book Data)

• A contemporary Catholic theory of complementarity / Elizabeth R. Schiltz
• Deconstructing equality in religion / Cheryl B. Preston
• The Catholic Church and women : the divergence between what is said and what is heard / Susan J. Stabile
• What is the matter with Antigone? / Emily Hartigan
• Privatizing diversity : a cautionary tale from religious arbitration in family law / Ayelet Shachar
• From third wave to third generation : feminism, faith, and human rights / M. Christian Green
• A meditation on mahr, modernity, and Muslim marriage contract law / Asifa Quraishi-Landes
• Co-creating the family : a Lutheran view of marriage and divorce law / Marie A. Failinger
• With compassion and lovingkindness : one feminist Buddhist's exploration of feminist domestic violence advocacy / Deborah J. Cantrell
• "Men are the protectors of women" : negotiating marriage, feminism, and (Islamic) law in American Muslim efforts against domestic violence / Juliane Hammer
• Why Muslim women are re-interpreting the Quran and re-thinking the Hadith : a transformative scholarship-activism / Dr. Nimat Hafez Barazangi
• Modesty disrobed : gendered modesty rules under the monotheistic religions / Frances Raday
• Jewish law : the case of wifebeating / Naomi Graetz
• Competing approaches to rape in Islamic law / Hina Azam
• Catholic women and equality : women in the Code of Canon Law / Sister Sara Butler
• Daughters of the Buddha : the Sakyadhita movement, Buddhist law and the position of Buddhist nuns / Rebecca Redwood French
• Chinese women lawyers and judges as priests / Mary Szto.

With contributions from some of the most prominent voices writing on gender, law and religion today, this book illuminates some of the conflicts at the intersection of feminism, theology and law. It examines a range of themes from the viewpoint of identifiable traditions such as Judaism, Christianity, Islam and Buddhism, from a theoretical and practical perspective. Among the themes discussed are the cross-over between religious and secular values and assumptions in the search for a just jurisprudence for women, the application of theological insights from religious traditions to legal issues at the core of feminist work, feminist legal readings of scriptural texts on women's rights and the place that religious law has assigned to women in ecclesiastic life.Feminists of faith face challenges from many sides: patriarchal remnants in their own tradition, dismissal of their faith commitments by secular feminists, and balancing the conflicting loyalties of their lives. The book will be essential reading for legal and religious academics and students working in the area of gender and law or law and religion.
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• Introduction: The emblematic cube / Peter Goodrich And Valérie Hayaert
• The Gordian knot of emblemata : from the labyrinthus absconditus to the affirmation of the prisca jurisprudentia / Valérie Hayaert
• The evidence of things not seen / Peter Goodrich
• Metamorphosis, mythography, and the nature of English law / Paul Raffield
• Confessio infirmitatis, or: a productive digression put to good use in legal affairs / Anselm Haverkamp
• The heart and the law in the scales : allegorical discourse and modes of subjectivization in early-modern religious emblematics / Agnès Guiderdoni
• From pornograhy to moral didactism : how the French play with emblems / Christian Biet
• The tongue and the eye : eloquence and office in renaissance emblems / Piyel Haldar
• Don't screw with the law : visual and spatial defences against judicial and political corruption in communal Italy / Alick Mclean
• Epistemological doubt and visual puzzles of sight, knowledge, and judgment: reflections on clear-sighted and blindfolded justices / Judith Rensnik And Denis Curtis
• Crime shows : CSI in Hapsburg Spain / William Egginton.

It was the classical task of legal rhetoric to make law both seen and understood. These conjoint goals came to be separated and opposed in modernity and a degree of blindness ensued. Legal reason was increasingly deemed to be a purely textual enterprise. Against this constraint and in furtherance of an incipient visual turn in legal studies, Genealogies of Legal Vision seeks to revive the classical ars iuris and to this end traces the history of regimes of visual control. Law always relied in significant measure upon the use of visual representations, upon pictures, architecture, costume and statuary to convey authority and sovereign norm. Military, religious, administrative and legal insignia found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book. Genealogies of Legal Vision traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues into the multiple new technologies and novel media of contemporary governance. Bringing together leading experts on the history and art of legal emblems this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity.
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• Introduction--
• 1. A first case, the story of Cain and Abel--
• 2. Blood feud and state control--
• 3. The development of the cities of refuge in the Bible--
• 4. Pollution and homicide--
• 5. Typologies of homicide--
• 6. Lex Talionis--
• 7. International law in the Ancient Near East--
• 8. Conclusion--
• 9. Excursus aeven: cuneiform sources on homicide.
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Homicide in the Biblical World analyses the treatment of homicide in the Hebrew Bible and demonstrates that it is directly linked to the unique social structure and religion of ancient Israel. Close parallels between biblical law and ancient Near Eastern law are evident in the laws of the ox that gored and the pregnant woman who is assaulted, but, when the total picture of the process by which homicide was adjudicated comes into view, what is most noticeable is how little of it is similar to ancient Near Eastern law. This book reconstructs biblical law from both legal texts and narrative texts and analyses both the law collections and documents from actual legal cases from the ancient Near East.
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• Introduction: Islam and the global turn in the history of international law / Ignacio de la Rasilla
• The protean historical mirror of international law / Ignacio de la Rasilla
• How should international lawyers study Islamic law and its contribution to international law? / Michelle Burgis-Kasthala
• An exploration of the 'global' history of international law : some perspectives from within the Islamic legal traditions / Ayesha Shahid
• Subjectivity and structures : the challenges of methodology in the study of the history of international law and religion / John D. Haskell
• The basis of obligation in treaties of ancient cultures : pactum est servandum? / Robert Kolb
• Khadduri as gatekeeper of the Islamic law of nations? / Jean Allain
• In search of the lost influence : Islamic thinkers and the Spanish origins of international law / Ignacio Forcada Barona
• The other 'other' : Moors, international law and the origin of the colonial matrix / Pierre-Alexandre Cardinal and Frédéric Mégret
• Law, religion and power : texts and discourse of conquest / Luigi Nuzzo
• Land rights in nineteenth-century Ottoman state succession treaties / Ilias Bantekas
• The evolution of the personality of the Malay sultanate states / Haniff Ahamat and Nizamuddin Alias
• On the abodes of war and peace in the Islamic law of war : fact or fiction? / Matthias Vanhullebusch
• The origins and evolution of Islamic law of rebellion : its significance to the current international humanitarian law discourse / Mohamed Badar, Ahmed Al-Dawoody, and Noelle Higgins.

International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after `generations of prejudiced writing' regarding the notable contribution of Islam to international law and its history.
(source: Nielsen Book Data)

• The Siyar laws of aggression : juridical re-interpretations of Quranic Jihad and their contemporary implications for international law / Asma Afsaruddin
• Meaning and method of the interpretation of Sunnah in the field of Siyar : a reappraisal / Mohd Hisham Mohd Kamal
• Apostasy as a matter of Islamic international law / Necmettin Kizilkaya
• Suicide attacks : martyrdom operations or acts of perfidy? / Muhammad Munir
• Islamic diplomacy : views of the classical jurists / Labeeb Ahmed Bsoul
• Al-Shaybani and Aman : treatment of foreigners in the classical Islamic state with special focus on diplomatic envoys / Khaled Ramadan Bashir
• The Ottoman Empire and the institutionalization of European diplomacy, 1500-1700 / Harriet Rudolph
• Promoting the rule of law : UN, OIC and ILA initiatives approaching Islamic law / Irmgard Marboe
• New muslim perspectives in the human rights debate / Abdulmumini A. Oba The Shariah, international human rights law, and the right to hold opinions and free expression : after Bilour's Fatwa / Javaid Rehman Religious considerations in international legal discourse, the example of religious defamation / Lorenz Langer
• Muslim states and the implementation of the Convention on the Rights of the Child : with special reference to Malaysia / Abdul Ghafur Hamid @ Khin Maung Sein
• Islamic law and international protection of minority rights in context / Mashood A. Baderin
• Islamic law and international criminal law / Markus P. Beham
• Islamic criminal procedure and the principle of complementarity of the International Criminal Court / Matthias Cernusca
• Islam and Islamic law in contemporary international relations / Maurits S. Berger
• Islamic views of global order and their impact on international law / Gregor Novak
• Islam and the future of the international community / Muddathir Abd al-Rahim.

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.

• Introducing an intricate relationship / Marie-Luisa Frick and Andreas Th. Müller
• Islam and international law / Awn S. Al-Khasawneh
• The Siyar laws of aggression : juridical re-interpretations of Qu'rānic Jihād and their contemporary implications for international law / Asma Afsaruddin
• Meaning and method of the interpretation of Sunnah in the field of Siyar : a reappraisal / Mohd Hisham Mohd Kamal
• Apostasy as a matter of Islamic international law / Necmettin Kizilkaya
• Suicide attacks : martyrdom operations or acts of perfidy? / Muhammad Munir
• Islamic diplomacy : views of the classical jurists / Labeeb Ahmed Bsoul
• Treatment of foreigners in the classical Islamic state with special focus on diplomatic envoys : Al-Shaybānī and Amān / Khaled Ramadan Bashir
• The Ottoman Empire and the institutionalization of European diplomacy, 1500-1700 / Harriet Rudolph
• Promoting the rule of law : UN, OIC and ILA initiatives approaching Islamic law / Irmgard Marboe
• New muslim perspectives in the human rights debate / Abdulmumini A. Oba
• The Sharī'ah, international human rights law, and the right to hold opinions and free expression : after Bilour's Fatwā / Javaid Rehman
• Religious considerations in international legal discourse : the example of religious defamation / Lorenz Langer
• Muslim states and the implementation of the Convention on the Rights of the Child : with special reference to Malaysia / Abdul Ghafur Hamid & Khin Maung Sein
• Islamic law and international protection of minority rights in context / Mashood A. Baderin
• Islamic law and international criminal law / Markus P. Beham
• Islamic criminal procedure and the principle of complementarity of the International Criminal Court / Matthias Cernusca
• Islam and Islamic law in contemporary international relations / Maurits S. Berger
• Islamic views of global order and their impact on international law / Gregor Novak
• Islam and the future of the international community / Muddathir 'Abd al-Raḥim.

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.".
(source: Nielsen Book Data)

• TABLE OF CONTENTS
• 1. Introducing an Intricate Relationship, Marie-Luisa Frick & Andreas Th. Muller
• 2. Islam and International Law, Awn S. Al-Khasawneh I. THE USE OF FORCE: CONTESTED VIEWS ON THE JUS AD BELLUM AND THE JUS IN BELLO IN ISLAMIC INTERNATIONAL LAW
• 3. The Siyar Laws of Aggression: Juridical Re-interpretations of Qur'anic Jihad and Their Contemporary Implications for International Law, Asma Afsaruddin
• 4. Meaning and Method of the Interpretation of Sunnah in the Field of Siyar: A Reappraisal, Mohd Hisham Mohd Kamal
• 5. Apostasy as a Matter of Islamic International Law, Necmettin Kizilkaya
• 6. Suicide Attacks: Martyrdom Operations or Acts of Perfidy?, Muhammad Munir II. FOSTERING PEACE IN INTERNATIONAL RELATIONS NOW AND THEN: DIPLOMACY AND RULE OF LAW AS A GENUINE CONTRIBUTION OF ISLAMIC INTERNATIONAL LAW?
• 7. Islamic Diplomacy: Views of the Classical Jurists, Labeeb Ahmed Bsoul
• 8. Al-Shaybani and Aman: Treatment of Foreigners in the Classical Islamic State with Special Focus on Diplomatic Envoys, Khaled Ramadan Bashir
• 9. The Ottoman Empire and the Institutionalization of European Diplomacy, 1500-1700, Harriet Rudolph
• 10. Promoting the Rule of Law: UN, OIC and ILA Initiatives Approaching Islamic Law, Irmgard Marboe III. ISLAM AND THE INDIVIDUAL: CHALLENGES OF AND TO ISLAMIC INTERNATIONAL LAW IN CONTEMPORARY HUMAN RIGHTS DISCOURSES
• 11. New Muslim Perspectives in the Human Rights Debate, Abdulmumini A. Oba
• 12. The Shari'ah, International Human Rights Law and the Right to Hold Opinions and Free Expression: After Bilour's Fatwa, Javaid Rehman
• 13. Religious Considerations in International Legal Discourse - The Example of Religious Defamation, Lorenz Langer
• 14. Muslim States and the Implementation of the Convention on the Rights of the Child: With Special Reference to Malaysia, Abdul Ghafur Hamid @ Khin Maung Sein
• 15. Islamic Law and International Protection of Minority Rights in Context, Mashood A. Baderin IV. INTERNATIONAL CRIMES AS A COMMON CONCERN OF THE INTERNATIONAL COMMUNITY: BRIDGING DIVIDES OR PROVOKING CLASHES?
• 16. Islamic Law and International Criminal Law, Markus P. Beham
• 17. Islamic Criminal Procedure and the Principle of Complementarity of the International Criminal Court, Matthias Cernusca V. ISLAMIC IDENTITY AND WORLD ORDER: RECONSIDERING ISLAMIC INTERNATIONAL LAW IN LIGHT OF THE REALITIES OF A GLOBALIZING WORLD
• 18. Islam and Islamic Law in Contemporary International Relations, Maurits S. Berger
• 19. Islamic Views of Global Order and their Impact on International Law , Gregor Novak
• 20. Islam and the Future of the International Community, Muddathir 'Abd al-Rahim.
• (source: Nielsen Book Data)

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.".
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By pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created, and new perspectives are made possible. These new perspectives not only enable an understanding of the other's legal tradition, but most saliently, they offer new insights into one's own legal tradition, shedding light on what had previously been assumed to be outside the scope of analytic vision. In the course of this volume, scholars come together to examine such issues as judicial authority, the legal policing of female sexuality, and the status of those who stand outside one's own tradition. Whether for the pursuit of advanced scholarship, pedagogic innovation in the classroom, or simply a greater appreciation of how to live in a multi-faith, post-secular world, these encounters are richly-stimulating, demonstrating how legal tradition can be used as a common site for developing discussions and opening up diverse approaches to questions about law, politics, and community. Islamic and Jewish Legal Reasoning offers a truly incisive model for considering the good, the right and the legal in our societies today.
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• Introduction
• Reading historical sources
• The law of war
• Rules on the consequences of war
• The law of peace
• Conclusion.

Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work. This book will go some way towards filling the lacuna. Islamic International Law examines Al-Shaybani's work alongside that of other leading scholars such as Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context. This book will be a useful and unique resource for scholars in the field of Islamic International law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as international humanitarian law, just war, international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.
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• Foreword Preface Message from His Eminence the Grand Sheikh of Al-Azhar University
• PART 1: THE ORIGINS OF ISLAMIC LAW The Shari'a Arabia Before and After Islam The Prophet Muhammad The Qur'an Submission to God The Territorial Expansion of Islamic Law
• PART 2: THE ARABIC RESURGENCE OF LEARNING The Explosion of Knowledge Arabic Libraries The Synthesis of Knowledge The Entry of Arabic Knowledge into the West The Religious Stimulus to Learning The Place of Jurisprudence in the Realm of Knowledge
• PART 3: THE SOURCES OF ISLAMIC LAW The Primary Sources (a) The Qur'an (b) The Sunna The Dependent Sources (a) Ijma (Consensus) (b) Qiyas (Reasoning by analogy)
• PART 4: THE SCHOOLS OF LAW Sunnis and Shi'ites The Sunni Schools (a) The Hanafi School (b) The Malikite School (c) The Shafi'ite School (d) The Hanbalite School The Institutions of Learning The Role of the Jurist The Legal Profession
• PART 5: SOME BASIC ISLAMIC LEGAL IDEAS The Notion of Sharing The Notion of Caring The Notion of Trusteeship of Property The Notion of Brotherhood ad Solidarity The Notion of Universalism The Notion of Fair Industrial Relations The Notion of Human Dignity The Dignity of Labour The Notion of the Ideal Law The Notion of Fair Contract The Notion of Commercial Integrity The Notion of Freedom from Usury The Notion of the Rights of Women The Notion of Privacy The Notion of Abuse of Rights The Condemnation of Anti-Social Conduct The Notion of Charitable Trust The Notion of Juristic Personality The Notion of Individual Freedom The Notion of Equality Before the Law The Notion of Legal Representation The Presumption of Innocence The Notion of Non-retroactivity The Notion of the Supremacy of the Law The Notion of Judicial Independence The Notion of Limited Sovereignity The Notion of Bidding unto God: Am I my Brother's Keeper? The Notion of Tolerance The Notion of Democratic Participation
• PART 6: ISLAMIC INFLUENCES ON EUROPEAN LEGAL PHILOSOPHY AND LAW Revealed Law and Human Reason The Doctrine of Double Truth The Kindling of the Scientific Spirit The Islamic Encyclopaedists The Reaction of Orthodoxy Islamic Aristotelianism Averroism and Thomistic Philosophy The Influence of Islamic Concepts on European Philosophers of Liberty The Influence of Islamic Law on Modern International Law The Influence of Islamic Law on Modern Commercial Law The Birth of Sociological Thought
• PART 7: ISLAM AND HUMAN RIGHTS Individual Dignity Justice in Rulership The Theocentric Approach The Islamic Theory of the State The Lack of Formalism Alternative Routes to Human Rights Doctrine The Universal Islamic Declaraion of Human Rights The Conduct of State Business Some Islamic Contributions to Contemporary Human Rights
• PART 8: ISLAMIC INTERNATIONAL LAW Past and Current Misconceptions The Nature of Islamic International Law The Oneness of Mankind uner Islamic Law The Content of Islamic International Law (a) The Law of War (b) The Law of Peace Private International Law Islamic Law and Internationalism: The Notion of Jihad The Impact of Islamic International Law on Western International Law (a) Some General Observations (b) The Possible Impact upon Grotius Islam and the Contemporary World Order
• PART 9: THE VALUE OF ISLAMIC JURISPRUDENCE TO THE NON-ISLAMIC WORLD Knowledge of the History of Ideas Comparative Law Practical Diplomacy The Growing Influence of the Islamic World Preventing the Breakdown of a Global Concept of Human Rights Generating Mutual Appreciation and Understanding Potential Contributions to Human Rights Appendix A: Documents The Bedrock of Islam: The Qur'an The Farewell Sermon of the Prophet Mohammed at Arafat The Hadiths of Traditions Directions of a Caliph to a Judge Appendix B: Universal Islamic Declaration of Human Rights Appendix C: Protection of Human Rights in the Islamic Criminal Justice Sysytem Appendix D: Key Words in Islamic Law Bibliography and References Index.
• (source: Nielsen Book Data)

This book seeks to present information in relation to the pioneering efforts of Islamic jurists to develop a comprehensive body of human rights principles and practice as well as a corpus of international law principles, and aims to help reduce misunderstanding and resulting tension.
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• Introduction
• International Law, Islamic Law, and Islamic Law States
• Islamic Law and International Law : Similarities and Differences
• A Theory of Islamic Peaceful Resolution of Disputes
• Islamic Law States and Peaceful Resolution of Territorial Disputes
• Islamic Law States and the International Court of Justice
• Legal Schools and Regions
• Conclusion

"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"-- Provided by publisher.

• Introduction
• International Law, Islamic Law, and Islamic Law States
• Islamic Law and International Law : Similarities and Differences
• A Theory of Islamic Peaceful Resolution of Disputes
• Islamic Law States and Peaceful Resolution of Territorial Disputes
• Islamic Law States and the International Court of Justice
• Legal Schools and Regions
• Conclusion

Gideon Libson's highly original work on custom is the first attempt to present a comprehensive comparative study of Jewish-Islamic law on a particular topic during the early Middle Ages. His in-depth study of Islamic law - its sources, legal schools, and extensive legal literature - together with his expertise in the wide range of geonic and rabbinic literature enable him to determine the influence of Muslim practice on geonic custom. In both systems of law the growth of custom was a reaction to the general culture. He shows conclusively how custom in both systems of law served as a conduit for the absorption of changes, thus helping to bridge the gap between the authoritative legal systems and the practical realities of the environment. Libson's contribution to the study of comparative Jewish and Islamic law during the geonic period should be of value to scholars engaged in the study of comparative law.
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• Introduction / Charles H. Parker and Gretchen Starr-LeBeau
• Local contexts and regional variations
• Tribunals and jurisdictions
• Judges and shepherds
• Inquisition and consistory records
• Programs of moral and religious reform
• Victims as actors
• Negotiating penance
• Gender on trial : attitudes towards femininity
• Disciplinary institutions in the Atlantic world
• Disciplinary institutions in an Asian environment
• The endgame : the decline of institutional correction
• Conclusion: Reformations of penance and scholarly renascences of disciplinary institutions / E. William Monter.

Judging Faith, Punishing Sin breaks new ground by offering the first comparative treatment of Catholic inquisitions and Calvinist consistories, offering scholars a new framework for analysing religious reform and social discipline in the great Christian age of reformation. Global in scope, both institutions played critical roles in prosecuting deviance, implementing religious uniformity, and promoting moral discipline in the social upheaval of the Reformation. Rooted in local archives and addressing specific themes, the essays survey the state of scholarship and chart directions for future inquiry and, taken as a whole, demonstrate the unique convergence of penitential practice, legal innovation, church authority, and state power, and how these forces transformed Christianity. Bringing together leading scholars across four continents, this volume is an invaluable contribution to our understanding of religion in the early modern world. University students and scholars alike will appreciate its clear introduction to scholarly debates and cutting edge scholarship.
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• Introduction
• Historical overview
• Legal theory
• Institutions
• The judge and the litigants
• The judge and jurisprudence
• The judge and society
• Conclusions: Lessons in legal sociology.

This book presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. It compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles. It thus provides a greater understanding of the real functions of religion in these legal systems, regardless of the dogmatic positions of the religions themselves. The judiciary is the focus of the study as it is the judge who is obliged to administer to legal texts while having to consider social realities being sometimes at variance with religious ethics and legal rules deriving from them. This book fills a gap in the literature examining Islamic, Jewish and Zoroastrian law and as such will open new possibilities for further studies in the field of comparative law. It will be a valuable resource for those working in the areas of comparative law, law and religion, law and society, and legal anthropology.
(source: Nielsen Book Data)

• Contents: Introduction-- Part I Theory: Historical overview-- Legal theory. Part II Practice: Institutions-- The judge and the litigants-- The judge and jurisprudence-- The judge and society-- Conclusions: lessons in legal sociology-- Bibliography-- Index.
• (source: Nielsen Book Data)

This book presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. It compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles. It thus provides a greater understanding of the real functions of religion in these legal systems, regardless of the dogmatic positions of the religions themselves. The judiciary is the focus of the study as it is the judge who is obliged to administer to legal texts while having to consider social realities being sometimes at variance with religious ethics and legal rules deriving from them. This book fills a gap in the literature examining Islamic, Jewish and Zoroastrian law and as such will open new possibilities for further studies in the field of comparative law. It will be a valuable resource for those working in the areas of comparative law, law and religion, law and society, and legal anthropology.
(source: Nielsen Book Data)

• Women and criminal justice in Egypt, Safia K. mohsen-- litigant strategies in an Islamic court in Jordan, Richard T. Antoun-- literacy and the law - documents and document specialists in Yemen, Brinkley Messick-- Islam and the struggle over state law in Turkey, June Starr-- reinstating Islamic criminal law in Libya, Ann Elizabeth Mayer-- legal postulates in flux - justice, wit and hierarchy in Iran, Michael M.J. Fischer-- working the law - a Lebanese working-class case, Suad Joseph.
• (source: Nielsen Book Data)

The primary place of law in Islam as well as the preponderance of the "legal" over the "theological" in Muslim thinking has long been recognized by both Muslim jurisprudents and by Western legal scholars. At a time when Islamic fundamentalism is flourishing, the relation of religion in and to law-related behaviour needs to be scrutinized. This volume considers Middle Eastern law as practiced by Muslims in Middle Eastern nations. Dispute settlement, the interaction of court personnel with litigants, the content of legislation, and the promulgation of public policies about law are detailed here as well as the power dynamics of law's interpersonal, intergroup, and international sides. Focusing on the specifics of contemporary politics and social life, the volume provides a baseline for understanding how, and the degree to which, the legal principles and the legal ethos elaborated in Islam centuries ago continue to provide a model for legal behaviour and thinking today.
(source: Nielsen Book Data)

• 1. Introduction: the law of strangers James Loeffler and Moria Paz-- Part I. Hersch Zvi Lauterpacht:
• 2. The 'natural right of the Jewish people': Zionism, international law, and the paradox of Hersch Lauterpacht James Loeffler--
• 3. A closet positivist: Lauterpacht between law and diplomacy Martti Koskeniemmi-- Part II. Hans Kelsen:
• 4. Assimilation through law: Hans Kelsen and the Jewish experience Eliav Lieblich--
• 5. Philosophy beyond historicism: reflections on Hans Kelsen and the Jewish experience Leora Batnitzky-- Part III. Louis Henkin:
• 6. Louis Henkin, human rights, and American-Jewish constitutional patriotism Samuel Moyn--
• 7. Louis Henkin and the genealogy of Jewish/American liberalism William Forbath-- Part IV. Egon Schwelb:
• 8. Egon Schwelb and the human rights legal activism within borders Mira Siegelberg--
• 9. 'Emotional restraint' as legalist internationalism: Egon Schwelb's liberalism after the fall Umut OEzsu-- Part V. Rene Cassin:
• 10. A most inglorious right: Rene Cassin, freedom of movement, Jews and Palestinians Moria Paz--
• 11. There's no place like home: domicile, Rene Cassin, and the Aporias of modern international law Nathaniel Berman-- Part VI. Shabtai Rosenne:
• 12. Shabtai Rosenne: the transformation of Sefton Rowson Rotem Giladi--
• 13. Shabtai Rosenne: a personal aspect Philippe Sands-- Part VII. Julius Stone:
• 14. Enablement and constraint: Julius Stone and the contradictions of the sociological path to international law Jacqueline Mowbray--
• 15. An axionormative dissenter: reflections on Julius Stone David N. Myers-- Index.
• (source: Nielsen Book Data)

From the Nuremberg Trials to contemporary human rights, Jews have long played prominent roles in the making of international law. But the actual ties between Jewish heritage and legal thought remain a subject of mystery and conjecture even among specialists. This volume of biographical studies takes a unique interdisciplinary approach, pairing historians and legal scholars to explore how the Jewish identities and experiences shaped their legal thought and activism. Using newly-discovered sources and sophisticated interpretative methods, this book offers an alternative history of twentieth-century international legal profession - and a new model to the emerging field of international legal biography.
(source: Nielsen Book Data)

• Introduction / James Loeffler and Moria Paz
• The "natural right of the Jewish people" : Zionism, international law, and the paradox of Hersch Zvi Lauterpacht / James Loeffler
• A closet positivist : Lauterpacht between law and diplomacy / Martti Koskenniemi
• Assimilation through law : Hans Kelsen and the Jewish experience / Eliav Lieblich
• Philosophy beyond historicism : reflections on Hans Kelsen and the Jewish experience / Leora Batnitzky
• Louis Henkin, human rights, and American Jewish constitutional patriotism / Samuel Moyn
• Constitutionalism, human rights, and the genealogy of Jewish American liberalism / WIlliam E. Forbath
• The Via media : Egon Schwelb's mid-century stoic legalism and the birth of human rights law / Mira Siegelberg
• "Emotional restraint" as legalist internationalism : Egon Schwelb's liberalism after the fall / Umot Özsu
• A most inglorious right : René Cassin, freedom of movement, Jews, and Palestinians / Moria Paz
• There's no place like home : domicile, René Cassin, and the aporias of modern international law / Nathaniel Berman
• Shabtai Rosenne : the transformation of Sefton Rowson / Rotem Giladi
• Shabtai Rosenne : a personal aspect / Philippe Sands
• Enabling and constraining : Julius Stone and the contradictions of the sociological path to international law / Jacqueline Mowbray
• An axionormative dissenter : reflections on Julius Stone / David N. Myers.

From the Nuremberg Trials to contemporary human rights, Jews have long played prominent roles in the making of international law. But the actual ties between Jewish heritage and legal thought remain a subject of mystery and conjecture even among specialists. This volume of biographical studies takes a unique interdisciplinary approach, pairing historians and legal scholars to explore how the Jewish identities and experiences shaped their legal thought and activism. Using newly-discovered sources and sophisticated interpretative methods, this book offers an alternative history of twentieth-century international legal profession - and a new model to the emerging field of international legal biography.
(source: Nielsen Book Data)

• Introduction
• Obiter depicta as an element of law
• Devising law : a short history of legal emblems
• The sovereign likes to hide : visualizing hierarchy
• The foolosophy of justice and the enigma of law
• The missing hand of the law
• Visibilities : persons, things, actions
• Conclusion: Virtual laws.

The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.
(source: Nielsen Book Data)

• Introduction
• Beginning to reinterpret the archives
• The scribes
• Legal advisors
• The parties
• The alternatives to the assizes?
• The Roman officials.

In the early second century CE, two Jewish women, Babatha and Salome Komaise, lived in the village of Maoza on the southern coast of the Dead Sea. This was first part of the Nabataean Kingdom, but came under direct Roman rule in 106 CE as part of the province of Roman Arabia. The archives these two women left behind not only provide a tantalizing glimpse into their legal lives and those of their families, but also offer a vivid window onto the ways in which the inhabitants of this region interacted with their new rulers and how this affected the practice of law in this part of the Roman Empire. The papers in these archives are remarkable in their legal diversity, detailing Babatha and Salome Komaise's property and marriages, as well as their disputes. Nabataean, Roman, Greek, and Jewish legal elements are all in evidence, and are often combined within a single papyrus. As such, identifying the supposed 'operative law' of the documents has proven a highly contentious task: scholarly advocates of each of these traditions have failed to reach any true consensus and there remains division particularly between those who argue for a 'Roman' versus a 'Jewish' framework. Taking its lead from recent advances in the scholarship of Roman law, this volume proposes a change in focus: instead of attempting to identify the 'legal system' behind the documents, it seeks instead to understand the 'legal culture' of the community that produced them. Through a series of case studies of the people involved in the creation of the papyri - the scribes, legal advisors, local arbitrators, Roman judges, and the litigants themselves - we can build up a picture of the ways in which they variously perceived and approached the legal transactions, and thus of legal practice itself as being heavily influenced by the particular agents involved. This study therefore moves away from a systematic approach towards an historical study of ideas, attitudes, and perceptions of law, arguing that concentration on different agents' understandings will ultimately help scholars to better understand the actual functioning of law and justice in this particular localized legal culture and in other similar small communities in the Roman Empire.
(source: Nielsen Book Data)

• FRONTMATTER-- ENDMATTER.
• (source: Nielsen Book Data)

In the early second century CE, two Jewish women, Babatha and Salome Komaise, lived in the village of Maoza on the southern coast of the Dead Sea. This was first part of the Nabataean Kingdom, but came under direct Roman rule in 106 CE as part of the province of Roman Arabia. The archives these two women left behind not only provide a tantalizing glimpse into their legal lives and those of their families, but also offer a vivid window onto the ways in which the inhabitants of this region interacted with their new rulers and how this affected the practice of law in this part of the Roman Empire. The papers in these archives are remarkable in their legal diversity, detailing Babatha and Salome Komaise's property and marriages, as well as their disputes. Nabataean, Roman, Greek, and Jewish legal elements are all in evidence, and are often combined within a single papyrus. As such, identifying the supposed 'operative law' of the documents has proven a highly contentious task: scholarly advocates of each of these traditions have failed to reach any true consensus and there remains division particularly between those who argue for a 'Roman' versus a 'Jewish' framework. Taking its lead from recent advances in the scholarship of Roman law, this volume proposes a change in focus: instead of attempting to identify the 'legal system' behind the documents, it seeks instead to understand the 'legal culture' of the community that produced them. Through a series of case studies of the people involved in the creation of the papyri - the scribes, legal advisors, local arbitrators, Roman judges, and the litigants themselves - we can build up a picture of the ways in which they variously perceived and approached the legal transactions, and thus of legal practice itself as being heavily influenced by the particular agents involved. This study therefore moves away from a systematic approach towards an historical study of ideas, attitudes, and perceptions of law, arguing that concentration on different agents' understandings will ultimately help scholars to better understand the actual functioning of law and justice in this particular localized legal culture and in other similar small communities in the Roman Empire.
(source: Nielsen Book Data)

• Language
• Language and references to law
• A new approach to understand the relationship between Roman and local law in the archives
• Law of succession
• Guardianship
• Marriage.

• Language
• Language and references to law
• A new approach to understand the relationship between Roman and local law in the archives
• Law of succession
• Guardianship
• Marriage.

• Introduction Andrew Huxley
• Chapter 1. Judaism Bernard Jackson
• Chapter 2. Religious claims about Biblical Law Calum Carmichael
• Chapter 3. Canon Law Silvio Ferrari
• Chapter 4. Islam Lynn Welchman & Ian Edge
• Chapter 5. Hinduism: Once religious, always religious? Werner Menski
• Chapter 6. Buddhist Law Andrew Huxley
• Chapter 7. Law and religion in Han China Randall Peerenboom
• Chapter 8. Jewish and Roman Philosophies of Law David Daube
• Chapter 9. Religious systems Jacques Vanderlinden.
• (source: Nielsen Book Data)

What are the similarities and differences between Jewish, Canon, Islamic, Chinese, Hindu and Buddhist law? These so-called 'religious laws' apply to over half the world's population. Do they, as comparative lawyers have assumed, form a coherent group that can be contrasted with the 'secular laws' of European states? The contributors to this volume agree that they do not. The seven chapters devoted to each 'religious law' explain why not. The remaining chapters offer new legal taxonomies, and new approaches to comparing the world's legal systems. This book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.
(source: Nielsen Book Data)

• Introduction: Islamic law in action / Nadirsyah Hosen
• Colonial legacies : family laws in Singapore and Australia / Ann Black
• The application of kafala in the West / Kieran Mclean Eadie
• 'The best interests of the child' : critical analysis of the Libyan High Court decision / Ali Omar Ali Mesrati
• ADR and Islamic law : the cases of the UK and Singapore / Arif A. Jamal
• Corporate social responsibility and workplace casualties in Bangladesh : an appraisal of Islamic principles as a potential solution / S. M. Solaiman
• Business in Islam : revisiting Islamic banking practices in Bangladesh / Afroza Begum
• Property law and trusts (waqf) in Iran / Hossein Esmaeili
• Corporate criminal liability in Saudi Arabia / Mohammed Fahad Aljiday Alsubaie
• Blasphemy and apostasy laws in the Muslim world : a critical analysis / Faisal Kutty
• Restorative justice in Islamic law : application in Malaysian legal history and the criminal justice system / Hanifah Haydar Ali Tajuddin, Nasimah Hussin and Majdah Zawawi
• Genetic engineering and ethics in Muslim communities : case studies from Tunisia and Saudi Arabia / Nurussyariah Hammado
• Collective ijtihad on health issues in Indonesia / Nadirsyah Hosen
• Halal and other codes : can religion, science and ethics guide legal regulation? / Richard Mohr
• Finding the Islam in Islamic art : the relationship between Islamic law and artistic practice / Mia Corbett
• The lawfulness of music in contemporary Indonesian debate / Neneng Yanti Khozanatu Lahpan
• Educational rights for women in Saudi Arabia / Maan Abdul Haq Khutani
• Progressive Islam in Europe : a critical analysis of the unique nature of Bosnia and Hercegovina's Islamic practice / Richard Burgess
• Khutbahs and fatwas in colonial Indonesia and Malaya / Muhamad Ali.

The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates and analyses the intersection of social, political, economic and cultural contexts in which state actors have turned to Islamic law for legal solutions. Taking a thematic approach, the Research Handbook assesses the application of Islamic law across six key areas: family law and courts; property and business; criminal law and justice; ethics, health and sciences; arts and education; and community and public spheres. Through examination of these themes in over 20 jurisdictions, the Research Handbook serves to demonstrate that Islamic law is adaptable depending on the values of Muslim societies across different times and places. In addition, the Research Handbook highlights how Islamic law has engaged with contemporary issues, looking beyond what is set out in the Qur'an and the Hadith, to examine how Islamic law is applied in societies today. Researchers and scholars with an interest in Islamic law, or the relationship between law and society more generally will find this Research Handbook to be an engaging text. The in-depth analysis, spanning sectors and jurisdictions, will offer new insights and inspire future research.
(source: Nielsen Book Data)