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Judging in the Islamic, Jewish and Zoroastrian Legal Traditions

Author : Janos Jany

Publisher : Routledge

Page : 242 pages

File Size : 32,3 MB

Release : 2016-05-06

Category : Law

ISBN : 131711020X

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Book Description

This book presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. It compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles. It thus provides a greater understanding of the real functions of religion in these legal systems, regardless of the dogmatic positions of the religions themselves. The judiciary is the focus of the study as it is the judge who is obliged to administer to legal texts while having to consider social realities being sometimes at variance with religious ethics and legal rules deriving from them. This book fills a gap in the literature examining Islamic, Jewish and Zoroastrian law and as such will open new possibilities for further studies in the field of comparative law. It will be a valuable resource for those working in the areas of comparative law, law and religion, law and society, and legal anthropology.





Legal Traditions in Asia

Author : Janos Jany

Publisher : Springer Nature

Page : 492 pages

File Size : 42,64 MB

Release : 2020-04-08

Category : Law

ISBN : 3030437280

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Book Description

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.



The Routledge Handbook of Muslim-Jewish Relations

Author : Josef Meri

Publisher : Routledge

Page : 546 pages

File Size : 25,13 MB

Release : 2016-06-23

Category : Religion

ISBN : 1317383214

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Book Description

The Routledge Handbook of Muslim-Jewish Relations invites readers to deepen their understanding of the historical, social, cultural, and political themes that impact modern-day perceptions of interfaith dialogue. The volume is designed to illuminate positive encounters between Muslims and Jews, as well as points of conflict, within a historical framework. Among other goals, the volume seeks to correct common misperceptions about the history of Muslim-Jewish relations by complicating familiar political narratives to include dynamics such as the cross-influence of literary and intellectual traditions. Reflecting unique and original collaborations between internationally-renowned contributors, the book is intended to spark further collaborative and constructive conversation and scholarship in the academy and beyond.



Female Power and Religious Change in the Medieval Near East

Author : Uriel Simonsohn

Publisher : Oxford University Press

Page : 278 pages

File Size : 39,96 MB

Release : 2023-03-16

Category : Islam

ISBN : 0192871250

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Book Description

Female Power and Religious Change in the Medieval Near East engages with two levels of scholarly discussion that are all too often dealt with separately in modern scholarship: the Islamization of the Near East and the place of women in pre-modern Near Eastern societies. It outlines how these two lines of inquiry can and should be read in an integrative manner. Major historical themes such as conversion to Islam, Islamization, religious violence, and the regulation of Muslim/non-Muslim ties are addressed and reframed by attending to the relatively hidden, yet highly meaningful, role that women played throughout this period. This book is about the history of Islam from the perspective of female social agents. It argues that irrespective of their religious affiliation, women possessed crucial means for affecting or hindering religious changes, not only in the form of religious conversion, but also in the adoption of practices and the delineation of communal boundaries. Its focus on the role and significance of female power in moments of religious change within family households offers a historical angle that has hitherto been relatively absent from modern scholarship. Rather than locating signs of female autonomy or authority in the political, intellectual, religious, or economic spheres, Female Power and Religious Change in the Medieval Near East is concerned with the capacity of women to affect religious communal affiliations thanks to their kinship ties.



Routledge Handbook of Islamic Law

Author : Khaled Abou El Fadl

Publisher : Routledge

Page : 636 pages

File Size : 15,34 MB

Release : 2019-05-10

Category : Religion

ISBN : 1317622448

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Book Description

This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.



Law as Religion, Religion as Law

Author : David C. Flatto

Publisher : Cambridge University Press

Page : 403 pages

File Size : 28,40 MB

Release : 2022-08-25

Category : Law

ISBN : 1108787983

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Book Description

The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.



Islamic State as a Legal Order

Author : Federico Lorenzo Ramaioli

Publisher : Routledge

Page : 212 pages

File Size : 42,61 MB

Release : 2022-04-04

Category : Law

ISBN : 1000566579

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Book Description

This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.



Babylonian Jews and Sasanian Imperialism in Late Antiquity

Author : Simcha Gross

Publisher : Cambridge University Press

Page : 359 pages

File Size : 38,40 MB

Release : 2024-03-31

Category : History

ISBN : 100928052X

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Book Description

Offers a radically new account of Babylonian Jewish and rabbinic engagement and negotiation with Sasanian rule.



Juridical Perspectives between Islam and the West

Author : Federico Lorenzo Ramaioli

Publisher : Springer Nature

Page : 296 pages

File Size : 18,35 MB

Release : 2024-01-01

Category : Political Science

ISBN : 303137844X

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Book Description

This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".