Iranian Family and Succession Laws and Their Application in German Courts

Iranian Family and Succession Laws and Their Application in German Courts

Author: Jürgen Basedow

Publisher:

Published: 2004

Total Pages: 183

ISBN-13: 9783161484308

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The Iranian legal system is not well known in the West and many clichés persist, clichés and prejudices that have increased since the "clash of civilizations" has been conjured up. A fresh encounter and an open dialogue between Islamic and Western professionals are badly needed and are offered in this book. Iran's family law has not been static in recent years: the dower has been adapted to the inflation rate; a compensatory claim for repudiated women as well as the concept of best interest of the child in custody law has been introduced. Today Islamic scholars are questioning the unilateral right of the husband to repudiate his wife and the unequal inheritance shares for men and women. Furthermore questions on the recognition and enforcement of foreign judgments are raised and a list of suggestions offered to foster the co-operation between Iran and Germany.Contributors:Jürgen Basedow, Dagmar Coester-Waltjen, Mathias Rohe, Nadjma Yassari, Seyyed Mostafa Mohaqeq Damad, Hossein Safa’i, Hassan Hamidian, Hossein Mehrpour, Reza Valavioun, Mansour Pournouri, Wolfgang Wurmnest


Book Synopsis Iranian Family and Succession Laws and Their Application in German Courts by : Jürgen Basedow

Download or read book Iranian Family and Succession Laws and Their Application in German Courts written by Jürgen Basedow and published by . This book was released on 2004 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iranian legal system is not well known in the West and many clichés persist, clichés and prejudices that have increased since the "clash of civilizations" has been conjured up. A fresh encounter and an open dialogue between Islamic and Western professionals are badly needed and are offered in this book. Iran's family law has not been static in recent years: the dower has been adapted to the inflation rate; a compensatory claim for repudiated women as well as the concept of best interest of the child in custody law has been introduced. Today Islamic scholars are questioning the unilateral right of the husband to repudiate his wife and the unequal inheritance shares for men and women. Furthermore questions on the recognition and enforcement of foreign judgments are raised and a list of suggestions offered to foster the co-operation between Iran and Germany.Contributors:Jürgen Basedow, Dagmar Coester-Waltjen, Mathias Rohe, Nadjma Yassari, Seyyed Mostafa Mohaqeq Damad, Hossein Safa’i, Hassan Hamidian, Hossein Mehrpour, Reza Valavioun, Mansour Pournouri, Wolfgang Wurmnest

The Oxford Handbook of Islamic Law

The Oxford Handbook of Islamic Law

Author: Anver M. Emon

Publisher: Oxford University Press

Published: 2018-10-25

Total Pages: 1000

ISBN-13: 0191668257

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This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.


Book Synopsis The Oxford Handbook of Islamic Law by : Anver M. Emon

Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by Oxford University Press. This book was released on 2018-10-25 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.

Islamic Law in Europe?

Islamic Law in Europe?

Author: Andrea Büchler

Publisher: Routledge

Published: 2016-05-06

Total Pages: 168

ISBN-13: 131711227X

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Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.


Book Synopsis Islamic Law in Europe? by : Andrea Büchler

Download or read book Islamic Law in Europe? written by Andrea Büchler and published by Routledge. This book was released on 2016-05-06 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.

Legal Theory and Interpretation in a Dynamic Society

Legal Theory and Interpretation in a Dynamic Society

Author: Alexander Bruns

Publisher: Nomos Verlag

Published: 2021-07-02

Total Pages: 433

ISBN-13: 3748925840

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Der Band versammelt Beiträge, die anlässlich des 7. Seoul-Freiburger Rechtswissenschaftlichen Symposiums im September 2019 in Seoul gehalten wurden. Die Zusammenarbeit und der akademische Austausch zwischen den juristischen Fakultäten der Seoul National University (SNU) und der Albert-Ludwigs-Universität Freiburg hat eine alte und wertvolle Tradition der engen Beziehungen zwischen dem koreanischen und dem deutschen Recht lebendig gehalten. Das 7. Symposium war dem Thema "Rechtstheorie und -auslegung in einer dynamischen Gesellschaft" gewidmet und deckte ein breites Spektrum an Themen ab, die in sechs Sektionen unterteilt waren: I. Rechtstheorie und -auslegung, II. Unternehmensrecht, III. Internationales Privatrecht und Zivilprozessrecht, IV. Recht der künstlichen Intelligenz, Eigentumsrecht und Strafrecht. V. Vertragsrecht, und VI. das Verhältnis von supranationalem und innerstaatlichem Verfassungsrecht. Die meisten der auf dem Symposium gehaltenen Vorträge sind in diesem Band versammelt.


Book Synopsis Legal Theory and Interpretation in a Dynamic Society by : Alexander Bruns

Download or read book Legal Theory and Interpretation in a Dynamic Society written by Alexander Bruns and published by Nomos Verlag. This book was released on 2021-07-02 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Band versammelt Beiträge, die anlässlich des 7. Seoul-Freiburger Rechtswissenschaftlichen Symposiums im September 2019 in Seoul gehalten wurden. Die Zusammenarbeit und der akademische Austausch zwischen den juristischen Fakultäten der Seoul National University (SNU) und der Albert-Ludwigs-Universität Freiburg hat eine alte und wertvolle Tradition der engen Beziehungen zwischen dem koreanischen und dem deutschen Recht lebendig gehalten. Das 7. Symposium war dem Thema "Rechtstheorie und -auslegung in einer dynamischen Gesellschaft" gewidmet und deckte ein breites Spektrum an Themen ab, die in sechs Sektionen unterteilt waren: I. Rechtstheorie und -auslegung, II. Unternehmensrecht, III. Internationales Privatrecht und Zivilprozessrecht, IV. Recht der künstlichen Intelligenz, Eigentumsrecht und Strafrecht. V. Vertragsrecht, und VI. das Verhältnis von supranationalem und innerstaatlichem Verfassungsrecht. Die meisten der auf dem Symposium gehaltenen Vorträge sind in diesem Band versammelt.

The Oxford Handbook of Comparative Law

The Oxford Handbook of Comparative Law

Author: Mathias Reimann

Publisher: Oxford University Press

Published: 2019-03-26

Total Pages: 1536

ISBN-13: 0192565524

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This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.


Book Synopsis The Oxford Handbook of Comparative Law by : Mathias Reimann

Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Japanese and European Private International Law in Comparative Perspective

Japanese and European Private International Law in Comparative Perspective

Author: Jürgen Basedow

Publisher: Mohr Siebeck

Published: 2008

Total Pages: 468

ISBN-13: 9783161495472

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The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.


Book Synopsis Japanese and European Private International Law in Comparative Perspective by : Jürgen Basedow

Download or read book Japanese and European Private International Law in Comparative Perspective written by Jürgen Basedow and published by Mohr Siebeck. This book was released on 2008 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

Legal Practice and Cultural Diversity

Legal Practice and Cultural Diversity

Author: Ralph Grillo

Publisher: Routledge

Published: 2016-12-05

Total Pages: 381

ISBN-13: 1351922394

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Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.


Book Synopsis Legal Practice and Cultural Diversity by : Ralph Grillo

Download or read book Legal Practice and Cultural Diversity written by Ralph Grillo and published by Routledge. This book was released on 2016-12-05 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.

Yearbook of Private International Law

Yearbook of Private International Law

Author: P. Sarcevic

Publisher: sellier. european law publ.

Published: 2006-06-30

Total Pages: 451

ISBN-13: 3935808607

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The Yearbook of Private International Law is published by Sellier. ELP in cooperation with the Swiss Institute of Comparative Law. This annual publication provides analysis and information on private international law developments world-wide. The editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, the Hague Academy, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (UNIDROIT). The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners. Volume VII includes various topics, such as: Hague Convention of 30 June 2005 on Choice of Court Agreements -- General Problems of Private International Law in Modern Codifications-De Lege Lata and De Lege Europea Ferenda -- Maintenance in Private International Law in the United States -- What's New In Latin American Private International Law? -- International Subcontracting in EC Private International Law -- Recognition of Foreign Insolvency Proceedings -- National Reports from South Africa, Ukraine, Brazil, and Italy -- Case Law, Texts, Materials, and Recent Developments


Book Synopsis Yearbook of Private International Law by : P. Sarcevic

Download or read book Yearbook of Private International Law written by P. Sarcevic and published by sellier. european law publ.. This book was released on 2006-06-30 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Private International Law is published by Sellier. ELP in cooperation with the Swiss Institute of Comparative Law. This annual publication provides analysis and information on private international law developments world-wide. The editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, the Hague Academy, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (UNIDROIT). The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners. Volume VII includes various topics, such as: Hague Convention of 30 June 2005 on Choice of Court Agreements -- General Problems of Private International Law in Modern Codifications-De Lege Lata and De Lege Europea Ferenda -- Maintenance in Private International Law in the United States -- What's New In Latin American Private International Law? -- International Subcontracting in EC Private International Law -- Recognition of Foreign Insolvency Proceedings -- National Reports from South Africa, Ukraine, Brazil, and Italy -- Case Law, Texts, Materials, and Recent Developments

A New Anthropology of Islam

A New Anthropology of Islam

Author: John R. Bowen

Publisher: Cambridge University Press

Published: 2012-08-02

Total Pages: 266

ISBN-13: 1139536125

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In this powerful, but accessible new study, John Bowen draws on a full range of work in social anthropology to present Islam in ways that emphasise its constitutive practices, from praying and learning to judging and political organising. Starting at the heart of Islam - revelation and learning in Arabic lands - Bowen shows how Muslims have adapted Islamic texts and traditions to ideas and conditions in the societies in which they live. Returning to key case studies in Asia, Africa and Western Europe, to explore each major domain of Islamic religious and social life, Bowen also considers the theoretical advances in social anthropology that have come out of the study of Islam. A New Anthropology of Islam is essential reading for all those interested in the study of Islam and for those following new developments in the discipline of anthropology.


Book Synopsis A New Anthropology of Islam by : John R. Bowen

Download or read book A New Anthropology of Islam written by John R. Bowen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this powerful, but accessible new study, John Bowen draws on a full range of work in social anthropology to present Islam in ways that emphasise its constitutive practices, from praying and learning to judging and political organising. Starting at the heart of Islam - revelation and learning in Arabic lands - Bowen shows how Muslims have adapted Islamic texts and traditions to ideas and conditions in the societies in which they live. Returning to key case studies in Asia, Africa and Western Europe, to explore each major domain of Islamic religious and social life, Bowen also considers the theoretical advances in social anthropology that have come out of the study of Islam. A New Anthropology of Islam is essential reading for all those interested in the study of Islam and for those following new developments in the discipline of anthropology.

Islamic Law in Past and Present

Islamic Law in Past and Present

Author: Mathias Rohe

Publisher: BRILL

Published: 2015-01-27

Total Pages: 676

ISBN-13: 9004281800

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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.


Book Synopsis Islamic Law in Past and Present by : Mathias Rohe

Download or read book Islamic Law in Past and Present written by Mathias Rohe and published by BRILL. This book was released on 2015-01-27 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.