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Beyond the Code

Muslim Family Law and the Shari'a Judiciary in the Palestinian West Bank

Lynn Welchman

Legal issues of personal status – including those implicating women's rights – continue to be a focal area of shari'a judicial practice in the Muslim world. Changing ideas of marriage, relations between the spouses, divorce, and the rights of divorcees and widows challenge the courts around the Arab world. In this context, the areas that came under the Palestinian Authority in 1994 command particular attention: the particular political and socio-economic circumstances that surround Palestine's progress toward full statehood have created a remarkable crucible for the synthesis of a new family law in the Arab world.
This rigorous study of the interpretation and application of personal status law in the Palestinian West Bank (and to a lesser extent in the Gaza Strip) is the most extensive yet attempted. It presents a systematic analysis of the application of Islamic family law in nearly 10,000 marriage contracts, 1000 deeds of talaq (unilateral divorce) or khul' (divorce with renunciation), and 2000 judicial rulings over a time span that includes Jordanian rule and Israeli military occupation, updating this with material from the beginning of the jurisdiction of the Palestinian Authority. Taken into account are the sources of law used in the shari'a courts of the West Bank: the successive codes of family law (the Jordanian Law of Personal Status 1976 and its predecessor the Jordanian Law of Family Rights 1951), and traditional Hanafi rules and texts, along with commentaries by prominent contemporary shari'a scholars and Appeal Court decisions – as well as the amendments and modifications being sought by civil society actors (notably women's groups) in the West Bank and Gaza Strip, as well as in Jordan.

Law, Custom, and Statute in the Muslim World

Studies in Honor of Aharon Layish

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Edited by Ron Shaham

This collective volume, in honor of Aharon Layish, deals with the main components in the laws of Islamic societies, past and present: sharīʿa, custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them.
The geographical coverage of the volume is wide, from the Balkans to Yemen, and from Iraq to the Maghrib. The chapters are based on a variety of sources: fiqh literature, fatwās, court decisions, judicial circulars, biographical dictionaries and chronics.
The volume will be of special interest to historians, social scientists and lawyers working on Islamic and Israeli laws, and to those interested in gender studies, the Israeli-Palestinian conflict and Islamic cultures at large.

The Status of Women under Islamic Law and Modern Islamic Legislation

Third Edition of the Revised and Updated Work

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Jamal J. Nasir

This book is believed to be the first of its kind written by a renowned Muslim lawyer in the English language, and by an Arab author who is probably the leading authority writing in English in the subject of Islamic law (the Sharia), and modern Islamic legislation. There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fi lls an important gap left by recent and more general publications on Islamic law.
The author has researched original Arabic and Islamic text books and reviewed legislation in the different Arab countries in order to present the most up-to-date information on the subject. It is hoped that this clear, objective account will dispel many of the commonly-held misconceptions about the status of Muslim women in the modern world. This book will provide an enlightenment and deeper understanding of the subject, not only for legal practitioners, but for all those concerned, or with an interest in the subject, particularly Muslim communities in non-Muslim countries, indeed non-Muslim women who may be, or indeed non-Muslim women who may be married to Muslims.

Edited by András Sajó

This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof.
The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.

The Reinstatement of Islamic Law in Sudan under Numayrī

An Evaluation of a Legal Experiment in the Light of its Historical Context, Methodology, and Repercussions

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Aharon Layish and Gabriel R. Warburg

The present study examines President Ja'far Numayrī's experiment of reinstating Islamic law in the Sudan and the methods employed to this end, in the light of its historical context and sources of inspiration. Islamist legislation, legal circulars and judicial practice are here utilized as source material for the analysis of the methodology employed in Numayrī's experiment and its application with a view to evaluating their impact on the uncodified Islamic law, state control of public morals, and on Sudanese society and economy. The focus of attention here is the judge as an instrument for implementing the government's Islamist policy by means of expanded judicial discretion based on a synthesis of traditional Islamic and modern non-Islamic sources of law. The book is intended for Islamists, legal historians, and lawyers.

The Birth of a Legal Institution

The Formation of the Waqf in Third-Century A.H. Ḥanafī Legal Discourse

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Peter Hennigan

This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra᾿y and the Aḥkām al-Awqāf of al-Khaṣṣāf.
The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions.
The close textual analysis of these treatises is especially important for historians of early Islamic law.

Islamic Law and Legal System

Studies of Saudi Arabia

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Frank Vogel

Based on years of research in Saudi Arabia, this volume investigates the legal system of Saudi Arabia both for its own sake and as a case-study of an Islamic legal system. As a study of Saudi Arabia, it is the first extensive treatment in English of the constitution and Islamic court system of Saudi Arabia. As a study of an existing legal system in continuity with past Islamic law and practice, it sheds new light on Islamic legal doctrine, practice, and institutions, correcting for past scholarly neglect of Islamic law's application.
The book develops a framework of concepts, rooted in both Islamic and western legal theory, useful for the comparative description and analysis of Islamic legal systems and applications, past and present.

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Edited by Nathalie Bernard-Maugiron and Badouin Dupret

Egyptian law is the main representative of the Arab civil-law family and its influence largely extends beyond its national borders. Foreign elements have mixed with Egyptian legacies to build up a new and original legal system. Egypt and its Laws is the first book in a Western language to present in a comprehensive, systematic and concise way comtemporary Egyptian law, case law and judicial organization. Egyptian law professionals - law faculty professor, high rank magistrates, attorneys have contributed to this project by outlining each branch of law or judicial order in a synthetic way. This includes: constitutional law, administrative law, civil law, personal status law, criminal law, commercial law, company law, tax law, labor and social law, land law, press law, procedural law, commercial arbitration, public and private international law as well as civil, criminal, administrative and constitutional adjudication. These contributions are preceded by a substantial introduction and followed by an English-Arabic glossary, an index, and tables of cited laws and cases.

Islamic Institutions in Jerusalem

Palestinian Muslim Organisation under Jordanian and Israeli Rule

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Yitzak Reiter

Islam in present day Jerusalem is influenced more than ever by political activities and agendas. This publication deals with Islamic activity and Islamic institutions in East Jerusalem under Jordanian and Israeli rule from 1948 until after the peace accords between Isreal, the PLO and Jordan. After the Israeli takeover of East Jerusalem in 1967 Islamic institutions remained Jordanian organs. This study elaborates on the strategy adopted by the Palestinians of establishing a local Palestinian Supreme Muslim Authority serving a political body to handle Palestinian religious and national debate for the future of Jerusalem. One of the features of this debate is the Jordanian-Palestinian-Israeli competence over the holy places in Jerusalem.
The waqf (pious endowments) institution, which is in decline in many Muslim countries, has been revived under Israeli rule. The economic resources of the waaf have been mobilized for the political struggle and it serves as a means to preserve the Islamic character of East Jerusalem and to strengthen the Muslim Arab population's attachment to Islamic institution. This study focuses on the role of the Shari'a (Islamic law) Courts in various mechanisms which were developed to facilitate the adoptation of the traditional Islamic institutions to modern conditions.

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Panayiotis Tzamalikos

This book is believed to be the first of its kind written by a renowned Muslim lawyer in the English language, and by an Arab author who is probably the leading authority writing in English in the subject of Islamic law (the Sharia), and modern Islamic legislation.
There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. See within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custpdy, and fills an important gap left by recent and more general publications on Islamic law.
The author has researched original Arabic and Islamic text books and reviewed legislation in the different Arab countries in order to present the most up-to-date information on the subject.
It is hoped that this clear, objective account will dispel meny of the commonly-held misconceptions about the status of Muslim women in the modern world. This book will provide an enlightenment and deeper understanding of the subject, not only for legal practitioners, but for all those concerned, or with an interest in the subject, particularly Muslim communities in non-Muslim countries, indeed non-Muslim women who may be, or indeed non-Muslim women who may be married to Muslims.