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A Comparative Analysis with Special Reference to Saudia Arabia
Author:
This book examines in depth the degree of compatibility and incompatibility between the general principles and jurisdiction of Islamic law and international criminal law (the Rome Statute). It discusses the controversy related to the non-ratification of the Rome Statute by some Islamic and Arab countries. The author analyses arguments that maintain that Islamic law cannot be compatible with international criminal law, and makes it clear that there are no fundamental differences between the principles of Islamic law and the principles of international criminal law. The book considers Saudi Arabia as a case for reference.
A Comparative Analysis with Special Reference to Saudia Arabia
Author:
This book examines in depth the degree of compatibility and incompatibility between the general principles and jurisdiction of Islamic law and international criminal law (the Rome Statute). It discusses the controversy related to the non-ratification of the Rome Statute by some Islamic and Arab countries. The author analyses arguments that maintain that Islamic law cannot be compatible with international criminal law, and makes it clear that there are no fundamental differences between the principles of Islamic law and the principles of international criminal law. The book considers Saudi Arabia as a case for reference.
Author:
Tunisia has often been commended for its progressive stance on women’s rights and viewed as a role model for family law reform in the Muslim world. Judging Women’s Rights, Gender & Citizenship in Ben Ali's Tunisia weaves together intimate stories and theory to demystify claims that the progressive laws supported gender equality in practice. Through the eyes of citizens and legal professionals, it reveals how women and men experienced their rights under Ben Ali’s repressive regime, tracing connections between gender, ethics and the law. This accessibly written book provides a vital backdrop for understanding contemporary debates in Tunisia where women’s rights remain a hotly contested topic.
Author:
Tunisia has often been commended for its progressive stance on women’s rights and viewed as a role model for family law reform in the Muslim world. Judging Women’s Rights, Gender & Citizenship in Ben Ali's Tunisia weaves together intimate stories and theory to demystify claims that the progressive laws supported gender equality in practice. Through the eyes of citizens and legal professionals, it reveals how women and men experienced their rights under Ben Ali’s repressive regime, tracing connections between gender, ethics and the law. This accessibly written book provides a vital backdrop for understanding contemporary debates in Tunisia where women’s rights remain a hotly contested topic.
The Constitutional Odysseys of Afghanistan, Egypt, and Iraq and the Fate of the Middle East
Author:
The volume compares the efforts to instil the values and practices of the rule of law in the Middle East in the early twenty-first century with their disappointing performances in terms of safety, human rights, and, especially, religious freedom. It zooms in on Afghanistan, Egypt, and Iraq to argue that international interventions and local initiatives underestimated the ethno-religious mosaic of these countries and their political and constitutional culture.
The standard notion of the rule of law values individualism, equality, rights, and courts, which hardly fit the makeup of the Middle East. Securing stability and protecting religious freedom in the region requires compromising on the rule of law; the consociational model of constitutionalism would have better chances of achieving them.
The standard notion of the rule of law values individualism, equality, rights, and courts, which hardly fit the makeup of the Middle East. Securing stability and protecting religious freedom in the region requires compromising on the rule of law; the consociational model of constitutionalism would have better chances of achieving them.
The Constitutional Odysseys of Afghanistan, Egypt, and Iraq and the Fate of the Middle East
Author:
The volume compares the efforts to instil the values and practices of the rule of law in the Middle East in the early twenty-first century with their disappointing performances in terms of safety, human rights, and, especially, religious freedom. It zooms in on Afghanistan, Egypt, and Iraq to argue that international interventions and local initiatives underestimated the ethno-religious mosaic of these countries and their political and constitutional culture.
The standard notion of the rule of law values individualism, equality, rights, and courts, which hardly fit the makeup of the Middle East. Securing stability and protecting religious freedom in the region requires compromising on the rule of law; the consociational model of constitutionalism would have better chances of achieving them.
The standard notion of the rule of law values individualism, equality, rights, and courts, which hardly fit the makeup of the Middle East. Securing stability and protecting religious freedom in the region requires compromising on the rule of law; the consociational model of constitutionalism would have better chances of achieving them.
[Waqf in Zaydī Yemen]
Author:
Translator:
يعدّ الوقف (وجمعه: أوقاف) جزءًا لا يتجزأ من المجتمع اليمني لإدارة الثروة الخاصة وكإطار قانوني للأعمال الخيريّة والبنّية التحتيّة العامة. يركز الكتاب على أربعة ميادين اجتماعية في المعرفة القانونية وهي: الفقه والتقنين وبعض حالات الوقف والمعرفة المتعلقة بالوقف في الحياة اليومية. يجمع الكتاب بين تحليل النصوص والدراسات الإثنوغرافية بهدف فهم كيف تم التعامل مع الشريعة الإسلامية واستخدامها وتحديدها واعتمادها في مسائل معينة من مسائل الوقف حيث يوجد توتّر بين النظرية الإسلامية والتطبيق على أرض الواقع. تقوم الدراسة بتحليل أهم أعمال الفقه الزَّيديّ مثل شَرْح الأزْهَار، والأحكام الإماميّة، والفتاوى، والوقفيات، معظم هذه المصادر يأتي من المناطق الشمالية الزيدية.
Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf related knowledge. It combines textual analysis with ethnography seeking to understand how Islamic law is approached, used, produced and validated in selected topics of waqf law where the tensions are strong between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār-cluster, in addition to imamic decrees, fatwās, and waqf documents, mostly from Zaydī, Northern Yemen.
[Waqf in Zaydī Yemen]
Author:
يعدّ الوقف (وجمعه: أوقاف) جزءًا لا يتجزأ من المجتمع اليمني لإدارة الثروة الخاصة وكإطار قانوني للأعمال الخيريّة والبنّية التحتيّة العامة. يركز الكتاب على أربعة ميادين اجتماعية في المعرفة القانونية وهي: الفقه والتقنين وبعض حالات الوقف والمعرفة المتعلقة بالوقف في الحياة اليومية. يجمع الكتاب بين تحليل النصوص والدراسات الإثنوغرافية بهدف فهم كيف تم التعامل مع الشريعة الإسلامية واستخدامها وتحديدها واعتمادها في مسائل معينة من مسائل الوقف حيث يوجد توتّر بين النظرية الإسلامية والتطبيق على أرض الواقع. تقوم الدراسة بتحليل أهم أعمال الفقه الزَّيديّ مثل شَرْح الأزْهَار، والأحكام الإماميّة، والفتاوى، والوقفيات، معظم هذه المصادر يأتي من المناطق الشمالية الزيدية.
Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf related knowledge. It combines textual analysis with ethnography seeking to understand how Islamic law is approached, used, produced and validated in selected topics of waqf law where the tensions are strong between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār-cluster, in addition to imamic decrees, fatwās, and waqf documents, mostly from Zaydī, Northern Yemen.
Editor:
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
Editor:
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
Editor:
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
Editor:
The Yearbook of Islamic and Middle Eastern Law combines practice-relevant analysis of the latest legal trends in more than twenty Arab and Islamic jurisdictions alongside peer-reviewed articles on the laws of the MENA region, the Islamic world as well as Islamic jurisprudence, case notes and book reviews.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
As the only global journal that comprehensively and regularly surveys the legal developments in the jurisdictions of the Muslim world, stretching from the Middle East to South and South East Asia, the Yearbook of Islamic and Middle Eastern Law has become an essential source and point of reference for academics, practitioners and students who work on Islamic and Middle Eastern law.
The Yearbook of Islamic and Middle Eastern Law is affiliated with the Centre for Islamic and Middle Eastern Law at SOAS (University of London), benefits from an international and diverse Board of Editors, and is edited by Martin Lau, Professor of Law, SOAS (University of London) and Barrister at Essex Court Chambers in London, and a team of associate and managing editors.
Editor:
Under the editorship of Nimer Sultany, the peer-reviewed Volume 22 of the Palestine Yearbook of International Law includes articles on: international law and Palestinian liberation; minority protections in international law; systemic economic harm under Israeli occupation; apartheid and restrictions of movement in the West Bank; restrictions on pro-Palestinian speech and activism in Germany; as well as book review essays. The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine and the Palestinian people. 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 critical approaches to international law. Contributors include Ralph Wilde, Sally Shammas, Shahd Hammouri, Costanza Ferrando, Nadija Samour, Ahmed Abed, John Reynolds, and Ata Hindi. Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
Editor:
Under the editorship of Nimer Sultany, the peer-reviewed Volume 22 of the Palestine Yearbook of International Law includes articles on: international law and Palestinian liberation; minority protections in international law; systemic economic harm under Israeli occupation; apartheid and restrictions of movement in the West Bank; restrictions on pro-Palestinian speech and activism in Germany; as well as book review essays. The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine and the Palestinian people. 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 critical approaches to international law. Contributors include Ralph Wilde, Sally Shammas, Shahd Hammouri, Costanza Ferrando, Nadija Samour, Ahmed Abed, John Reynolds, and Ata Hindi. Please click here for the online version including the abstracts of the articles of The Palestine Yearbook of International Law.
Author:
Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
Author:
Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
Concept, History and Application of Axioms of Juristic Accumulation
Author:
The historical development and functions of legal maxims have not been studied within their context in contemporary scholarship. Especially in studies which examine legal maxims as a genre, this is mostly done in a bibliographical and descriptive manner. This leaves the question of why this genre has emerged in Islamic law. This study examines the legal maxims in terms of conceptual and historical development and their application. It analyses the subject from a viewpoint of cause-and-effect rather than examining it in a descriptive manner. Both handwritten manuscripts and printed legal maxims titles have been used for writing this book and the subjects are mostly examined based on primary sources.
"This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse
"Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq
"In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir
"In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
"This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse
"Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq
"In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir
"In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
Concept, History and Application of Axioms of Juristic Accumulation
Author:
The historical development and functions of legal maxims have not been studied within their context in contemporary scholarship. Especially in studies which examine legal maxims as a genre, this is mostly done in a bibliographical and descriptive manner. This leaves the question of why this genre has emerged in Islamic law. This study examines the legal maxims in terms of conceptual and historical development and their application. It analyses the subject from a viewpoint of cause-and-effect rather than examining it in a descriptive manner. Both handwritten manuscripts and printed legal maxims titles have been used for writing this book and the subjects are mostly examined based on primary sources.
"This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse
"Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq
"In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir
"In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
"This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse
"Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq
"In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir
"In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick