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occasionally the wife desired a divorce which was motivated by her wish to marry someone else. 7 The wives' account in describing the factors leading to divorce, however, varied from those usually given by the husbands. This was revealed in a Kabul Times report which was based on interviews with forty four

In: Law in Afghanistan
Author: Oussama Arabi

of life in the modem world. The politically motivated emulation of Western powers extended to substantive Islamic law, where commercial transactions and personal status rules underwent a process of codification to make them more responsive to the 189 Chapter 9 demands of a modem economy and the

In: Studies in Modern Islamic Law and Jurisprudence

. Islamic law developed as an expression of a religious ideal on the theoretical plain as elabo- rated in legal treatises completely detached from the realities of daily life.20 However, as noted previously, Section 3(b)(v) of the JuclA, 1983 provides that in the event of a lacuna a judge may exercise inde

In: The Reinstatement of Islamic Law in Sudan under Numayrī
Author: Ze’ev Maghen

.’10 These remarks were based, how- ever, as Bousquet himself concedes, on a very limited survey of a few North African communities (at a time when the trappings and ide- ologies of modern life had been making inroads for decades, if not centuries). My own experience—admittedly even more limited than

In: Virtues of the Flesh - Passion and Purity in Early Islamic Jurisprudence

course of marital life, the husband's behaviour could be proved to be un­ just and in conflict with the testimony of the witnesses of justice, the latter were liable to a fine of one thousand rupees or to one year imprisonment (Art. 2, section 2). This penalty was also applicable to anyone who took

In: Law in Afghanistan
Author: Leslie Peirce

chapter three period in the life of the Aintab court.2 Of particular interest is the dialogue between local residents and the new sovereign via the judge over the place and meaning of law in daily life. Indeed, the local court was a critical venue where sovereign and subject negotiated mutual claims to

In: Dispensing Justice in Islam
Author: T. Khattab

the general rules of the former. The logical method of studying obligation as a legal system necessarily leads us to examine its phases of life, as if it were a living being, from birth to death. We will start with the sources of an obligation; then its life, its effects, its characteris- tics, as

In: Egypt and Its Laws
Author: M. Al-Atawneh

Muslim, monotheist (dhimmī) or anyone compatible. They adopt the position that saving a life overrides the dignity of the deceased.98 On the other hand, organ transplants from a living person to another liv- ing person are prohibited, since the former’s welfare prevails over the latter’s and since

In: Wahhābī Islam Facing the Challenges of Modernity
Author: Ze’ev Maghen

bends, twists and turns; accordingly, (2) in order to govern fleshly exis- tence, the law itself must be supple and elastic, must be alive; (3) to achieve a living law appropriate to imperfect beings, the best possible examples of such beings—the Prophet and his Companions—must be assembled and

In: Virtues of the Flesh - Passion and Purity in Early Islamic Jurisprudence

from the cumdas of the district and a few notables (see Table 2).9 The new court was then given magisterial power over the whole territory, exclud- ing al-Ubayyid, and its president was authorised to settle all intertribal disputes that might occur among the tribal groups living in the district

In: Access to Justice