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Series:

Mathias Rohe

Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.

Competing Fundamentalisms and Egyptian Women’s Family Rights

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

Series:

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

Series:

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.

Series:

Mohamed H. Reda

must be made beforehand. Thirdly, the demonstration asserts that Islamic commercial and financial legal jurisprudence is no longer unreliable and inconsistent. The Agreement will also be presented in equally thorough detail, and for the same reasons and objectives the Standards are presented. In

Series:

Charles L.O. Buderi and Luciana T. Ricart

present instance, the information furnished to the Court shows that at the time of colonization Western Sahara was inhabited by peoples which, if nomadic, were socially and politically organized in tribes and under chiefs competent to represent them. It also shows that, in colonizing Western Sahara, Spain

Series:

Charles L.O. Buderi and Luciana T. Ricart

is both long-standing and substantial. It has not been developed recently to justify the measures now taken. These are only the present reflection of a historic title which could not remain physically unasserted upon the removal from the Persian Gulf of the British presence. 2 A letter sent to the

Series:

Charles L.O. Buderi and Luciana T. Ricart

of their ownership over centuries and until the present day. With respect to the historical period beginning with the early Persian empires of Cyrus the Great and Darius I in the fifth century B . C ., there is no dearth of contemporary scholarly works which refer to and interpret original sources

Series:

Mohamed H. Reda

away from the main purposes of Islamic Law, which primarily concerns itself with the attraction of people’s financial, material, spiritual, individual, communal, present and future related Masalih . 35 When conducting commercial and financial transactions, it is not only rules that must be respected

Series:

Charles L.O. Buderi and Luciana T. Ricart

following (whether as a result of acquiescence to an assertion of sovereignty over the islands made by Persia, cession or abandonment of title), the Qawásim title over the islands would have to be considered to have been maintained until the present day. If, however, the Persian claim to any of the islands

Series:

Charles L.O. Buderi and Luciana T. Ricart

communication to the Persian Foreign Ministry in March 1888 had made this precise point when it noted that “[p]ossession, if of long standing and undisputed, doubtless carries considerable weight; but this argument would scarcely govern in the present instance” 7 since the Persian occupation had only occurred