State-Building as Lawfare: Custom, Sharia, and State Law in Postwar Chechnya, Egor Lazarev
Автор: Massoud Mark Fathi Название: Shari`a, Inshallah ISBN: 1108965709 ISBN-13(EAN): 9781108965705 Издательство: Cambridge University Press Рейтинг: Цена: 8794.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Challenging the perception that shari`a fuels violent extremism and intolerance, Shari`a, Inshallah shows the remarkable ways that the Somali people have invoked God`s will to oppose colonialism, resist dictators, expel warlords, fight for gender equality, and build a path to the rule of law.
Автор: Zahalka, Iyad Название: Shari`a in the modern era ISBN: 1107535085 ISBN-13(EAN): 9781107535084 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 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.
Описание: The North Caucasus, specifically Chechnya and Ingushetia, is a region that has experienced some of the deadliest and most protracted conflicts in Europe. By examining the relationship between state and society, this book considers how state-building has unfolded in a region with highly complex social structures, a history of colonialism, Soviet authoritarianism, and later post-Soviet wars and trauma. Focusing on a systematic analysis of subnational state-building in post-Soviet Chechnya and Ingushetia, and the role of teips (clans) in this process, this study responds to the widely accepted academic claim that governance and ethnic consolidation in the North Caucasus is shaped by the politics of teips. Through socio-anthropological analysis of the clans and how they function towards political systems, Sokirianskaia shows how the teips lost their organizational structure and roles, becoming incapable of mobilizing for political action. While teip symbolism has remained politically relevant, and the bonds of kinship are highly important, they do not form the basis of politics and subnational statebuilding in Chechnya and Ingushetia. Consequently, subnational authoritarianism is not the result of the pre-existing social composition of the society, but a reflection of the rules of the game imposed by Moscow and political choices of the Kremlin-installed local elites.
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: 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: Messick Brinkley Название: Shari`a Scripts: A Historical Anthropology ISBN: 0231178743 ISBN-13(EAN): 9780231178747 Издательство: Wiley Рейтинг: Цена: 10771.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In the first half of Sharaia Scripts, Messick looks at the principal types of theoretical or doctrinal juridical texts, which are collectively referred to as the "library," while those of the second half, including the genres produced by the sharaia courts and by notarial writers, are termed the "archive." Messick demonstrates the analytic significance of sustained attention to the textual form of written sources such as the doctrinal works, juridical opinions, court records and legal instruments studied here. He suggests that attention to form should be a precondition for wider research, for properly assessing the import of conventional source content, for the writing of history. Messick looks at historical sharaia through a particular instance, that of highland Yemen in the first half of the twentieth century. Yemen, of course, is an integral region of the Arabic-speaking heartlands of Islam, and the Zaydai school of jurisprudence that is the specific focus of the book has been rooted there for a millennium. Elsewhere in the same period, colonial regimes and nationalist reformers had begun to alter the political, societal and epistemic existence of the sharaia. They acted to replace its criminal, commercial and real estate provisions with western law, and effectively narrowed its sphere of relevance to matters of personal status and family law. In contrast, under the twentieth-century Zaydai imams the sharaia remained uncodified; highland sharaia courts maintained their historically broad competence; madrassa-trained judges employed classical sharaia rules of procedure and evidence; and archives had yet to upended by western-style standards of file-keeping and printed forms.
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