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The Justice of Islam
Comparative Perspectives on Islamic Law and Society
Lawrence Rosen
248 pages
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234x156mm
978-0-19-829884-7
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Hardback
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24 February 2000
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- Based on three decades of research on the Islamic courts of North Africa
- Challenges the stereotypes of rigid doctrine and harsh punishment in everyday Islamic adjudication
One out of five people in the world today lives subject to Islamic law, but stereotypes of rigid doctrine or harsh punishment obscure an understanding of the values and style of reasoning that characterize everyday lslamic adjudication. By considering its larger social and cultural context Islamic law is shown to be a kind of common law system: justice is sought through a careful assessment of persons, more than facts, and justice resides not in equality but in a quest for equivalence.
Through ordinary court proceedings the style of reasoning is seen to be embedded in a set of cultural
assumptions, thus rendering the study of Islamic legal proceedings a window on Muslim society generally. Using data ranging from the courts of North Africa to the treatment of Islam in American courts, from a reinterpretation of the Prophet's sociological jurisprudence to the analysis of Islamic concepts of responsibility and trust these essays demonstrate the enduring appeal of Islamic law in the lives of everyday adherents.Readership: Scholars and students teaching and studying comparative law, legal history, and Middle East, South Asian, and Islamic Studies. Libraries and reference.
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"... offers an intriguing and thought-provoking review of Islamic law for anyone concerned with law in a global age." - Journal of Law and Society, volume 28 number 4 (2001)
"outstanding book on Islamic Shari'a...valuable for students and scholars of Middle Eastern studies, law and hisoty." - Disclosure Issue 5 December 2000
"sub-titled Comparative Perspectives on Islamic Law and Society, ... is a bold claim, ... but amply justified in the extensively researched, closely argued and highly informative material that is evident throughout." - Ramnick Shah, New Law Journal
"it is in the field of daily adjudication, by way of application of Islam law, that we need a guide such as this, to understand how religious rituals and beliefs dominate the lives of individuals in Islamic societies. The book serves this purpose admirably." - Ramnick Shah, New Law Journal.
"For the serious reader, there is much to occupy and engage, but at the same time there is a lighter side too." - Ramnick Shah, New Law Journal.
"it will serve as a necessary tool to understanding one-fifth of humanity who are caught between the forces of tradition and change in a vast, global community." - Ramnick Shah, New Law Journal.
"a contextual analysis of islamic law rather than abstract and superficial description." - Dr A Wardak, University of Glamorgan
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Introduction
Part One: The socio-logic of Islamic legal reasoning
1: Equity and discretion in Islamic law
2: Islamic case-law and the logic of consequence
3: Islamic law as common law: Power, culture, and the reconfiguration of legal taxonomies
4: Responsibility and compensatory justice in Arab culture and law
Part Two: In and out of court
5: From courtroom to courtyard: Law and custom in popular legal culture
6: On the docket: Changing conventions in a Muslim court, 1965-1995
7: Local justice: A day in an alternative court
8: Who do you trust? Structuring confidence in Arab law and society
Part Three: Justice past and present
9: Islamic concepts of justice and injustice
10: Muhammad's sociological jurisprudence
11: Private thoughts, public utterances: Law, privacy, and the consequences for community
12: Islam and Islamic culture in the courts of the United States
References
Index
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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