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Edited by Barry Steiner

The essays in this book, originally published in a special issue of the journal International Negotiation (vol. 23.1, 2018), are intended to enhance America's ability to mediate Israel-Palestine conflict. Every American president for the last thirty years, down to Donald Trump, has chosen to engage in this effort. To help understand and evaluate these efforts, and to focus upon the more promising mediation directions, these essays analyze mediation options in detail.
I. William Zartman accentuates special challenges of third party mediation. Amira Schiff critiques John Kerry’s mediation effort made on behalf of the Obama Administration. Galia Golan outlines mediation requirements in light of past American mediation efforts. Walid Salem suggests a new paradigm centered upon symmetry rather than asymmetry to assist Israel-Palestine peacemaking. And Barry Steiner studies a specific mediation action proposal.

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Edited by Marianne Bøe

This volume of Annotated Legal Documents on Islam in Europe covers Norway and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original Norwegian language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.

Waqf in Zaydī Yemen

Legal Theory, Codification, and Local Practice

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Eirik Hovden

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 and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen.

Law and Division of Power in the Crimean Khanate (1532-1774)

With Special Reference to the Reign of Murad Giray (1678-1683)

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Natalia Królikowska-Jedlińska

The Crimean Khanate was often treated as a semi-nomadic, watered-down version of the Golden Horde, or yet another vassal state of the Ottoman Empire. This book revises these views by exploring the Khanate’s political and legal systems, which combined well organized and well developed institutions, which were rooted in different traditions (Golden Horde, Islamic and Ottoman). Drawing on a wide range of sources, including the Crimean court registers from the reign of Murad Giray (1678-1683), the book examines the role of the khan, members of his council and other officials in the Crimean political and judicial systems as well as the practice of the Crimean sharia court during the reign of Murad Giray.

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Edited by John Bowen and Arskal Salim

In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.

Walid Salem

Abstract

Third party mediation is critical in pushing forward a new peace process that is based on Israeli and Palestinian compliance in fulfilling previous agreements, including an Israeli freeze on settlements. The freeze will be part of a transformative constructionist process that will allow both sides to negotiate from a more symmetrical position. It will also create more trust among the Palestinians by communicating that Israeli intentions are not about grabbing their land while discussing peace.

Galia Golan

Abstract

Inasmuch as the 2015 Israeli elections brought to power a Netanyahu-led coalition even more ideologically opposed to the creation of a Palestinian state than the previous coalitions, the absence of political will to reach agreement would appear to prejudge the outcome of any future negotiations should they take place. For this reason, recommendations to improve American mediation efforts remain in the realm of theory, but nevertheless may provide useful suggestions for the more basic step of returning the sides to serious negotiations.

Amira Schiff

Abstract

This article examines the factors that contributed to the failure of the last major effort, which was carried out by US Secretary of State John Kerry, to facilitate a Final Status Agreement to resolve the Israeli-Palestinian conflict. The analysis is based on an understanding that every effort to resolve this intractable conflict, even if unsuccessful, is worthy of examination, which can yield interesting observations and insights that may inform future attempts to find a solution. As President Trump’s administration makes intensive efforts to broker an Israeli-Palestinian peace agreement, and the US Middle East negotiation delegation shuttles intensively between the parties and between major regional actors to explore the possibility of renewing official negotiations, this seems like an opportune time to review the major factors that affected the outcome of the previous peace talks.