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Religious law in general. Comparative religious law. Jurisprudence

Most popular at the top

  • The Expert Witness in Islamic Courtsby Ron Shaham

    University of Chicago Press 2010; US$ 40.00

    Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution... more...

  • Muslim Marriage in Western Courtsby Pascale Fournier

    Ashgate Publishing Ltd 2010; US$ 124.95

    This book describes and analyzes the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Returning to the overarching concept of liberalism, the book... more...

  • Covenantal Rightsby David Novak

    Princeton University Press 2009; US$ 24.95

    Covenantal Rights is a groundbreaking work of political theory: a comprehensive, philosophically sophisticated attempt to bring insights from the Jewish political tradition into current political and legal debates about rights and to bring rights discourse more fully into Jewish thought. David Novak pursues these aims by presenting a theory of... more...

  • Wahh?b? Islam Facing the Challenges of Modernityby Muhammad Al-Atawneh

    BRILL 2010; US$ 136.00

    This book examines D?r al-Ift?, the official Saudi religious establishment for issuing fatwas, between 1971 and 1999. Specifically, it explores the challenges that this scholarly body encountered when applying Wahh?b? interpretations of the Shari'a to late twentieth-century modernity. more...

  • Ma?la?a and the Purpose of the Lawby Felicitas Opwis

    BRILL 2010; US$ 197.00

    Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of maŠ'£la?a as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God more...

  • Custom in Islamic Law and Legal Theoryby Ayman Shabana

    Palgrave Macmillan 2010; US$ 100.00

    This book†explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings.†On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter). It is argued that custom ( urf and adah ) was one... more...

  • Refugee Status in Islamby Arafat Madi Shoukri

    I.B.Tauris 2010; US$ 29.00

    What are the views, principles and regulations of the Islamic tradition concerning refugee status? Are there any similarities between the Islamic tradition relating to the laws of aman (safe conduct) and the 1951 Geneva Convention relating to the status of refugees? In this book, Arafat Shoukri delves into fifteen centuries of Arab and Islamic history... more...

  • Women and Jewish Lawby Rachel Biale

    Knopf Doubleday Publishing Group 2011; US$ 16.00

    How has a legal tradition determined by men affected the lives of women? What are the traditional Jewish views of marriage, divorce, sexuality, contraception, abortion? Women and Jewish Law gives contemporary readers access to the central texts of the Jewish religious tradition on issues of special concern to women. Combining a historical overview... more...

  • Legal Documents from the Judean Desertby Aharon Layish

    BRILL 2011; US$ 252.00

    This volume presents annotated English translations of 74 awards handed down by tribal arbitrators and other legal documents obtained from the Bedouin of the Judean Desert. The documents address such legal issues as blood and sexual offenses, family disputes, inheritance, private transactions in land and water rights, tribal boundaries, contracts and... more...

  • Principles of Islamic International Criminal Lawby Farhad Malekian

    BRILL 2011; US$ 182.00

    While the system of international law is improving enormously and certain legal provisions are becoming an integral part of jus cogens norms, this body of law must be studied together with other systems which have basically been effective in its development. The principles of the rule of law must be evaluated collectively rather than selectively. In... more...