Justice, Administration of--United States, Justice, Administration of (Islamic law), Muslims--Legal status, laws, etc.--United States, Terrorism--United States--Prevention, Jihad, and Islamic law--United States
Hanshaw explores the often competing demands that confront American Muslims from Islamic religious law and secular law. The conflict extends into many aspects of daily life, ranging from issues concerning divorce and child custody to the interpretation of contracts. The receptivity of U.S. courts to claims rooted in Islamic legal principles has been uneven, leaving Muslims in a state of uncertainty. As well, U.S. courts have often struggled to interpret Islamic law provisions. At the heart of Hanshaw's legal analysis lies the very personal question of whether weaknesses in U.S. judicial processes serve to inhibit the free and full exercise of the Islamic faith.
Islamic courts, Women (Islamic law), Women, Palestinian Arab, Sex discrimination against women, Women--Palestine--History--20th century, and Justice, Administration of (Islamic law)
In this volume, Brownson sheds new light on Palestinian Muslim women's agency in shari‘a courts from the British Mandate period to the present. Her extensive archival research on wife-initiated maintenance claims, divorce, and child custody cases deepens our understanding of women's position in the courts, demonstrating that Muslim women were and are active participants in their legal affairs. Using court registers and interviews, Brownson uncovers a variety of ways women have manipulated the system to their benefit despite its patriarchal bias. She also finds that few reforms were implemented during the Mandate period. The British were uninterested in improving colonized women's legal status and sought to avoid further antagonizing Palestinians. At the same time, Palestinians wished to uphold the one indigenous institution they still controlled while both British rule and Zionism threatened their nationalist aspirations. Although Palestinian women have had few alternatives to using this male privileged system to redress grievances with their husbands and in-laws, they continue to resist its injustices every day. Brownson finds that women's understanding of family law fundamentals has enabled some to deftly navigate the system; however, a unified, reformed law reflecting society's current needs is required so women can have full access to their rights.
Islam and justice, Justice, Administration of, Justice, Administration of (Islamic law), and Religion and law
Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.
Esmaeili, Hossein, Marboe, Irmgard, and Rehman, Javaid
Freedom of expression (Islamic law), Rule of law--Islamic countries, and Justice, Administration of (Islamic law)
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
Justice, Administration of (Islamic law), Women (Islamic law), Women--Legal status, laws, etc.--Iran, Women's rights--Iran, and Justice, Administration of--Iran
This book offers a critical and in-depth analysis of access to justice from international and Islamic perspectives. Existing Western models have highlighted the mechanisms by which individuals can access justice; however, access to justice incorporates various conceptions of justice and of its users. This book evaluates the historical development of the justice sector in Iran and discusses issues including the performance of the justice sector, judicial independence, efficiency and accessibility, and normative protection, together with an analysis of barriers. It explores the legal empowerment of users, with a specific focus on women, and presents the findings of a survey study on the perceptions of Iranian women. This study is designed to focus on women's basic legal knowledge, their familiarity with legal procedure, perceptions of cultural barriers, issues that influence their preference for mechanisms of formal or alternative dispute solutions, and their level of satisfaction with their chosen courses of action.
Familienrecht, Frau, Women, Palestinian Arab, Women (Islamic law), Islamic courts, Justice, Administration of (Islamic law), Women -- Palestine -- History -- 20th century, Sex discrimination against women, Women, Middle East -- Palestine, 1900-1999, and History
Rabb, Intisar A., Balbale, Abigail Krasner, and Mottahedeh, Roy P.
Hof, Islam, Islamisches Recht, Islamic courts -- History -- To 1500, Justice, Administration of (Islamic law) -- History -- To 1500, Islamic law -- Interpretation and construction -- History -- To 1500, Islamic leadership -- History -- To 1500, Islamic courts, Islamic law -- Interpretation and construction, Islamic leadership, Justice, Administration of (Islamic law), To 1500, History, Festschrift, and Konferenzschrift 05.2016 Harvard Law School
'The papers in this volume largely arise out of proceedings from a conference organized in honor of Professor Roy Mottahedeh upon the occasion of his retirement' -- Page viii
Justice, Administration of (Islamic law) -- Early works to 1800, Judicial process (Islamic law), Hanafites, Hanafites, Judicial process (Islamic law), Justice, Administration of (Islamic law), and Early works
A work on Islamic law. Additional seven folios added at end of the text with title: Uṣūl al-Farāyiḍ bi-al-Naṣṣ.
Islamic law -- 15th century, Justice, Administration of (Islamic law), Judicial power (Islamic law), Islamic law, Judicial power (Islamic law), and Justice, Administration of (Islamic law)
A book on Islamic law in forty chapters (fuṣūl) written in 814/1411, based on the Fuṣūl by Muḥammad ibn Maḥmūd al-Ustarūshanī (GAL: Ustrūshanī, d. 632/1234) and that by ʻAbd al-Raḥīm ibn Abī Bakr al-Marghinānī (d. ca. 670/1271).