Описание: This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari`a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies.
Описание: This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies andThis book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.
Автор: Ahmad Ahmad Atif Название: Fatigue of the Shari`a ISBN: 0230340369 ISBN-13(EAN): 9780230340367 Издательство: Springer Рейтинг: Цена: 12577.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Fatigue of the Shari`a places on a continuum two kinds of debates: debates in the Islamic tradition about the end of access to divine guidance and debates in modern scholarship in Islamic legal studies about the end of the Shari`a. The resulting continuum covers what access to divine guidance means and how it relates to Shari`a.
Автор: Keshavjee Mohamed Название: Islam, Shari`a and Alternative Dispute Resolution ISBN: 1848857322 ISBN-13(EAN): 9781848857322 Издательство: Bloomsbury Academic Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This groundbreaking book shows that Shari`a and its `fiqh` (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case.
Автор: Zahalka Название: Shari`a in the Modern Era ISBN: 1107114586 ISBN-13(EAN): 9781107114586 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In response to the challenges of maintaining religious identity in the West, modern Islamic jurists developed the fiqh al-aqalliyyat doctrine of religious law. In this book, a judge at the Shari`a Court of Jerusalem outlines the doctrine`s theory and practice in a manner accessible to Muslims and non-Muslims alike.
Автор: Buehler Название: The Politics of Shari`a Law ISBN: 1107130220 ISBN-13(EAN): 9781107130227 Издательство: Cambridge Academ Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Michael Buehler provides a new framework for understanding how Islamist activists gain and maintain influence in democratizing Muslim-majority countries. For students, scholars and government analysts, this text argues that the interaction between secular and Islamist forces determines the adoption of shari`a law throughout Indonesia.
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