Land Law And Islam

Author: Hilary Lim
Publisher: Zed Books Ltd.
ISBN: 1848137206
Size: 70.41 MB
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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Great Debates In Property Law

Author: David Cowan
Publisher: Macmillan International Higher Education
ISBN: 1137272287
Size: 14.20 MB
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An engaging introduction to the more advanced writings on property law, designed to provide the additional insights necessary to excel in the study of the subject.

The International Law Of Property

Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Size: 61.50 MB
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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

Women S Rights And Islamic Family Law

Author: Lynn Welchman
Publisher: Zed Books
ISBN: 9781842770955
Size: 80.23 MB
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The family is where legal rules presented as part of the Islamic shari`a are most widely applied in the Muslim world. This connection, often differently elaborated by particular social constituencies, can present difficulties to the advocates of law reform. At the same time, the resonance of the issues at which advocacy is targeted creates an opportunity for creative exchange in addressing practical strategies for change. This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.Three contrasting country cases have been selected: * Egypt, with a majority Muslim population, the most populous Arab state with a tradition of regional leadership in matters legal, and a constitutional clause on the place of 'principles of the shari`a' as the principal source of legislation * The West Bank and Gaza, also with a majority Muslim population, but with no sovereign power and no national legislation on the issue -- family law here having become a contested site between different visions of national identity in the process of trying to build a Palestinian state* The United States of America, where some in the minority Muslim communities seek to regulate their family relations in accordance with 'principles of the shari`a' within the context of the domestic legal framework of a non-Muslim state applying civil law requirements to all family matters A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari`a' in advocacy on the question of violence against women. This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.

Civil Democratic Islam

Author: Cheryl Benard
Publisher: Rand Corporation
ISBN: 0833036203
Size: 35.21 MB
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In the face of Islam's own internal struggles, it is not easy to see who we should support and how. This report provides detailed descriptions of subgroups, their stands on various issues, and what those stands may mean for the West. Since the outcomes can matter greatly to international community, that community might wish to influence them by providing support to appropriate actors. The author recommends a mixed approach of providing specific types of support to those who can influence the outcomes in desirable ways.

Democracy Human Rights And Law In Islamic Thought

Author: Mohammed Abed al-Jabri
Publisher: I.B.Tauris
ISBN: 0857737554
Size: 77.80 MB
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Throughout the Middle East, and in the west as well, there has been much discussion concerning the notion of Islamic rule and the application of shari‘ah by the state. Central to these debates are the three key themes that Mohammad Abed al-Jabri looks at in this book: democracy, human rights and law. Jabri, one of the most influential political philosophers in the contemporary Middle East, examines how these three concepts have been applied in the history of the Arab world, and shows that they are determined by political and social context, not by Islamic doctrine. Jabri argues that in order to develop democratic societies in which human rights are respected, the Arab world cannot simply rely on old texts and traditions. Nor can it import democratic models from the West. Instead, he says, a new tradition will have to be forged by today's Arabs themselves, on their own terms. Through analysis of contemporary Arab ideology, its doubts about democracy, whether human rights are universal and the role of women and minorities in Islamic society, he expounds on the most pertinent issues in modern political philosophy. This lively interrogation of the building blocs of western conceptions of a modern state is a classic text and is vital for all students of modern Islamic political thought.

Double Bind The Muslim Right The Anglo American Left And Universal Human Rights

Author: Meredith Tax
Publisher: Lulu.com
ISBN: 0988830302
Size: 61.34 MB
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"In a period of right wing attacks on Muslims - or people thought to be Muslims - how does one respond to human rights violations by the Muslim Right without feeding hate campaigns? When US diplomats invoke the oppression of Muslim women to sanctify war, how do we practice feminist solidarity without strengthening Orientalism and neocolonialism? When the US targets jihadis for assassination by drone, should human rights defenders worry about violations perpetrated by those same jihadis or focus on violations by the state? These are some of the questions raised in Double Bind: the Muslim Right, the Anglo-American Left, and Universal Human Rights ... Taking the UK organization Cageprisoners as an example, it shows how to distinguish between organizations that stand for universal and inseparable human rights, and those that use the language of human rights for other purposes. It discusses "five wrong ideas about the Muslim Right" : that it is anti-imperialist; that "defence of Muslim lands" is comparable to national liberation struggles; that the problem is "Islamphobia"; that terrorism is justified by revolutionary necessity; and that any feminist who criticises the Muslim Right is an Orientalist ally of US imperialism."--Publisher description.

Islamic Law And Finance

Author: Frank E. Vogel
Publisher: BRILL
ISBN: 9789041105479
Size: 22.46 MB
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Mirroring the expansion of wealth in the Middle East and Asia and a surge in Islamic self-identity, Islamic banking practices have either become the law of the land or coexist and compete with Western practices in at least six countries. A growing number of institutions and mutual funds (akin to Western ''socially responsible'' funds) have established Islamic investment and other practices to cater to this burgeoning market. Because of its prevalence, practitioners in every banking-related area must familiarize themselves with current Islamic finance practices in order to do business with Muslim clients and to engage in cross-border financing. Injunctions from the "Qur'an and the sayings of Prophet Muhammed have generated a web of interrelated norms which prohibit Islamic financiers from engaging in transactions that involve interest "(riba) and speculation "(gharar). "Islamic Law and Finance describes the dynamic set of Islamically-sanctioned ways financiers can transacat business.

Secure Land Tenure

Author: International Federation of Surveyors. Commission 7, Cadastre & Land Management (
Publisher:
ISBN:
Size: 19.20 MB
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