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Competing Fundamentalisms and Egyptian Women’s Family Rights

International Law and the Reform of Sharī’a-derived Legislation

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Jasmine Moussa

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.

Islam and International Law

Engaging Self-Centrism from a Plurality of Perspectives

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Edited by Marie-Luisa Frick and Andreas Th. Müller

Islam and International Law explores the complex and multi-faceted relationship of international law and Islam both as a religion and a legal order. Current debates on Sharia, Islam and the “West” often suffer from prejudice, platitudes, and stereotypes on both sides. The present book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds. The volume thus brings together 20 contributions from scholars who cover pressing issues in fields such as the use of force in Islamic international law, Islam’s contribution to the development of diplomacy and the rule of law, controversies as to the role of the individual, human rights and international criminal law, as well as Islamic visions of world order in a globalizing world.

Contributors: Awn S. Al-Khasawneh, Asma Afsaruddin, Mohd Hisham Mohd Kamal, Necmettin Kizilkaya, Muhammad Munir, Labeeb Ahmed Bsoul, Khaled Ramadan Bashir, Harriet Rudolph, Irmgard Marboe, Abdulmumini A. Oba, Javaid Rehman, Lorenz Langer, Abdul Ghafur Hamid @ Khin Maung Sein, Mashood A. Baderin, Markus Beham, Matthias Cernusca, Maurits S. Berger, Gregor Novak, Muddathir Abdel-Rahim.

Islamic Legal Thought

A Compendium of Muslim Jurists

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Edited by David Powers, Susan Spectorsky and Oussama Arabi

In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter on a distinguished Muslim jurist. The volume is organized chronologically and it includes jurists who represent the formative, classical and modern periods of Islamic legal thought. Each chapter contains both a biography of an individual jurist and a translated sample of his work. The biographies emphasize the scholarly milieu in which the jurist worked—his teachers, colleagues and pupils, as well as the type of juridical thinking for which he is best known. The translated sample highlights the contribution of each jurist to the evolution of both the method and the methodology of Islamic jurisprudence. The introduction by the volume's three editors, Oussama Arabi, David S. Powers and Susan A. Spectorsky, provides a concise overview of the contents.

Contributors include: Oussama Arabi, Murteza Bedir, Jonathan E. Brockopp, Robert Gleave, Camilo Gómez-Rivas, Mahmoud O. Haddad, Peter C. Hennigan, Colin Imber, Samir Kaddouri, Aharon Layish, Joseph E. Lowry, Muhammad Khalid Masud, Ebrahim Moosa, David S. Powers, Yossef Rapoport, Delfina Serrano Ruano, Susan A. Spectorsky, Devin J. Stewart, Osman Tastan, Etty Terem, Nurit Tsafrir, Bernard G. Weiss, Hiroyuki Yanagihashi.

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Matthias Vanhullebusch

Armed conflict, today, has diverged from war as it was known in generations past, and from this, has tested the means by which conflicts and violence are regulated. Written with an eye to a region plagued by such conflicts, War and Law in the Islamic World examines the origins and roles that two distinct systems of governance – Islamic law and international humanitarian law – have played in conflicts past and present. Meant equally for the scholar or student, this book presents the legal and policy complexities of today’s conflicts in a new light through its careful and well-researched investigation of the past and the present.

This title is now listed in the International Humanitarian Law Bibliography: https://www.icrc.org/eng/assets/files/2015/biblio-2015-3.pdf