Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a “true” interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.
The Yearbook of Islamic and Middle Eastern Law (YIMEL) is the leading English language journal covering contemporary Islamic laws and laws of the Middle East. Practitioners and academics dealing with the Middle East can turn to YIMEL for an instant source of information on the developments in the Middle East region and wider Muslim world. YIMEL covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. Focusing on YIMEL's role in publishing and disseminating ground-breaking and novel research on Islamic law, Volume 19 includes a Special Edition on the theme of Islamic Law and Empire consisting of a dedicated Preface and articles in Part I, as well as other contributions on legal developments in the Middle East and South Asia, important judgements and book reviews, assembled in Part II.
The publication's practical features include: - articles on current topics, - the text of a selection of important case judgments, - book reviews. Please click here for the
online version including the abstracts of the articles of
The Yearbook of Islamic and Middle Eastern Law.
By virtue of ratifying the Women’s Convention, Egypt is internationally obliged to eliminate gender discrimination in its domestic legislation. Yet, women in Egypt face various forms of discrimination. This may legally be justified through Sharia-based reservations, which many Muslim-majority countries enter to human rights treaties to evade an obligation of implementation where Human Rights run counter to Sharia. This book examines the compatibility of Sharia-based reservations with international law and identifies discrepancies between Sharia and domestic law in order to determine rights Egyptian women are entitled to according to Sharia, and yet denied under Egyptian law. Account is moreover given to Egypt’s implementation efforts in the non-reserved areas of law. To this end, Egypt’s 2014 Constitution and four areas of statutory law are examined as case studies, namely, female genital mutilation; human trafficking; nationality; and labor law.
Under the editorship of Ardi Imseis, Volume 19 of the
Palestine Yearbook of International Law features articles on: the right to rebel and responsibility to protect, Palestinian statehood, universal jurisdiction, bilateral investment treaties in occupation, and fragmentation of international law.
Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine. The
Yearbook regularly features English-language articles reviewing contemporary legal questions and translations of key legislation, court decisions, and academic material. It is intended for use by legal practitioners, government officials, researchers, scholars, and students. Published in cooperation with the Birzeit University Institute of Law, the
Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and related legal issues.
The Crisis of Citizenship in the Arab World argues that the present crisis of the Arab world has its origins in the historical, legal and political development of state-citizen relations since the beginning of modern history in the Middle East and North Africa. The anthology covers three main topics. Part I focuses on the crisis of the social pact in different Arab countries as it became manifest during the Arab Uprisings. Part II concentrates on concepts of citizenship in Islamic doctrine, Islamic movements (Muslim Brotherhood and Salafism), secular political movements and Arab thinkers. Part III looks into the practices that support the claims to equal rights as well as the factors that have obstructed full citizen rights, such as patronage and clientelism.
Contributors are: Ida Almestad, Claire Beaugrand, Assia Boutaleb, Michaelle Browers, Nils Butenschøn, Anthony Gorman, Raymond Hinnebusch, Engin F. Isin, Rania Maktabi, Roel Meijer, Emin Poljarevic, Ola Rifai, James Sater, Rachel Scott, Jakob Skovgaard-Petersen, Robert Springborg, Stig Stenslie, Morten Valbjørn, Knut S. Vikør and Sami Zemni.
Under the editorship of Ardi Imseis, volume 16 of the Palestine Yearbook of International Law is devoted to examining the United Nations Fact Finding Mission on the Gaza Conflict, headed by Judge Richard Goldstone. The YEARBOOK examines the Goldstone Report and its consequences by bringing together the work of a group of international lawyers and scholars familiar with the challenges posed by the war and its aftermath. The volume also includes book reviews and relevant documentation produced by various organs of the United Nations on the Occupied Palestinian Territory, including the Goldstone Report, legislations and judicial decisions of national courts.
The debate surrounding women’s family rights under
Sharī’a-derived law has long been held captive to the competing fundamentalisms of universalism and cultural relativism. These two conflicting perspectives fail to promote practical tools through which such laws can be reformed, without prejudice to their religious nature. This book examines the development of Egypt’s
Sharī’a-derived family law, and its compatibility with international obligations to eliminate discrimination against women. It highlights the interplay between domestic reform processes, grounded in the tools of takhayyur, talfiq and ijtihad, and international institutions and mechanisms. In attempting to reconcile these two seemingly dissonant value systems, this book underscores the shortcomings of Egypt’s legislation, proposes particular reforms, while simultaneously presenting alternatives to insular interpretations of international women’s rights law.
While the system of international law is improving enormously and certain legal provisions are becoming an integral part of jus cogens norms, this body of law must be studied together with other systems which have basically been effective in its development. The principles of the rule of law must be evaluated collectively rather than selectively. In fact, most Islamic nations have ratified the ICC Statute. They have thereby contributed to the establishment of the pillars of morality, equality, peace and justice. At the same time, those pillars may be strengthened by means of an accurate interpretation of the principles of international criminal laws by all parties. The objective of these comparative philosophies is to examine their core principles, similarities and differences. The intention is to indicate that the variation in theories may not obstruct the legal implementation of international criminal law if their dimensions are judged objectively and with the noblest of motives towards mankind.