Legal Pluralism in the Arab World

Legal Pluralism in the Arab World

Author: Badouin Dupret

Publisher: BRILL

Published: 2023-03-20

Total Pages: 304

ISBN-13: 9004416625

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Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.


Book Synopsis Legal Pluralism in the Arab World by : Badouin Dupret

Download or read book Legal Pluralism in the Arab World written by Badouin Dupret and published by BRILL. This book was released on 2023-03-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.

Legal Pluralism in the Arab World

Legal Pluralism in the Arab World

Author: Baudouin Dupret

Publisher: BRILL

Published: 1999-01-01

Total Pages: 308

ISBN-13: 9789041111050

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Legal pluralism: Ziad Bahaa-Eldin.


Book Synopsis Legal Pluralism in the Arab World by : Baudouin Dupret

Download or read book Legal Pluralism in the Arab World written by Baudouin Dupret and published by BRILL. This book was released on 1999-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism: Ziad Bahaa-Eldin.

Legal Pluralism in Muslim Contexts

Legal Pluralism in Muslim Contexts

Author: Norbert Oberauer

Publisher: BRILL

Published: 2019-05-20

Total Pages: 268

ISBN-13: 9004398260

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Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.


Book Synopsis Legal Pluralism in Muslim Contexts by : Norbert Oberauer

Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

Muslim Laws, Politics and Society in Modern Nation States

Muslim Laws, Politics and Society in Modern Nation States

Author: Ihsan Yilmaz

Publisher: Routledge

Published: 2016-12-05

Total Pages: 285

ISBN-13: 1351916246

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Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.


Book Synopsis Muslim Laws, Politics and Society in Modern Nation States by : Ihsan Yilmaz

Download or read book Muslim Laws, Politics and Society in Modern Nation States written by Ihsan Yilmaz and published by Routledge. This book was released on 2016-12-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism

Author: Paul Schiff Berman

Publisher: Oxford University Press, USA

Published: 2020-09-24

Total Pages: 1133

ISBN-13: 0197516742

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--


Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Legal Pluralism and Shari’a Law

Legal Pluralism and Shari’a Law

Author: Adam Possamai

Publisher: Routledge

Published: 2016-04-08

Total Pages: 136

ISBN-13: 1134922205

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Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Sharī‘a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Sharī‘a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.


Book Synopsis Legal Pluralism and Shari’a Law by : Adam Possamai

Download or read book Legal Pluralism and Shari’a Law written by Adam Possamai and published by Routledge. This book was released on 2016-04-08 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Sharī‘a, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Sharī‘a at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens. This book was published as a special issue of Democracy and Security.

Getting to Pluralism

Getting to Pluralism

Author: Marina Ottaway

Publisher: Carnegie Endowment

Published: 2012-11

Total Pages: 130

ISBN-13: 0870032755

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Pluralism in the Arab world has not yet matured into functional democratic politics. While ruling establishments, Islamist movements, and secular parties have introduced a much greater degree of pluralism into Arab societies, the imbalance of power and interdependence among these actors limits both the degree of political diversity and its effectiveness at bringing about reforms. The Arab world is likely to grapple with political apathy, low voter turnout, dwindling membership in registered parties, and shrinking constituencies for the foreseeable future. Even the Islamists, who demonstrated great ability to organize and gain followers in the past, have begun showing signs of decreasing popularity. Getting to Pluralism: Political Actors in the Arab World explores the balance of power between the disparate political forces of the Arab world. The essays in this volume examine the characteristics of the major political actors in great detail and assess the weaknesses of the secular parties. They also illustrate the complexities of Islamist participation in the political processes of several Arab countries—pointing out both similarities and differences. Finally, the authors evaluate how incumbent Arab regimes have been able to maintain their grip on power in spite of their claims that they support political and social reform.


Book Synopsis Getting to Pluralism by : Marina Ottaway

Download or read book Getting to Pluralism written by Marina Ottaway and published by Carnegie Endowment. This book was released on 2012-11 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pluralism in the Arab world has not yet matured into functional democratic politics. While ruling establishments, Islamist movements, and secular parties have introduced a much greater degree of pluralism into Arab societies, the imbalance of power and interdependence among these actors limits both the degree of political diversity and its effectiveness at bringing about reforms. The Arab world is likely to grapple with political apathy, low voter turnout, dwindling membership in registered parties, and shrinking constituencies for the foreseeable future. Even the Islamists, who demonstrated great ability to organize and gain followers in the past, have begun showing signs of decreasing popularity. Getting to Pluralism: Political Actors in the Arab World explores the balance of power between the disparate political forces of the Arab world. The essays in this volume examine the characteristics of the major political actors in great detail and assess the weaknesses of the secular parties. They also illustrate the complexities of Islamist participation in the political processes of several Arab countries—pointing out both similarities and differences. Finally, the authors evaluate how incumbent Arab regimes have been able to maintain their grip on power in spite of their claims that they support political and social reform.

Global Legal Pluralism

Global Legal Pluralism

Author: Paul Schiff Berman

Publisher: Cambridge University Press

Published: 2012-02-27

Total Pages: 357

ISBN-13: 1107376912

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We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.


Book Synopsis Global Legal Pluralism by : Paul Schiff Berman

Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Women and Shari'a Law

Women and Shari'a Law

Author: Elham Manea

Publisher: Bloomsbury Publishing

Published: 2016-05-27

Total Pages: 314

ISBN-13: 1786720221

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In response to recent media controversy and public debate about legal pluralism and multiculturalism, Manea argues against what she identifies as the growing tendency for people to be treated as 'homogenous groups' in Western academic discourse, rather than as individuals with authentic voices. Building on her knowledge of the situation for women in Middle Eastern and Islamic countries, she undertakes first-hand analysis of the Islamic shari'a councils and Muslim arbitration tribunals in various British cities. Based on meetings with the leading sheikhs - including the only woman on their panels - as well as interviews with experts on extremism, lawyers and activists in civil society and women's rights groups, Manea offers an impassioned critique of legal pluralism, connecting it with political Islam and detailing the lived experiences of women in Muslim communities.


Book Synopsis Women and Shari'a Law by : Elham Manea

Download or read book Women and Shari'a Law written by Elham Manea and published by Bloomsbury Publishing. This book was released on 2016-05-27 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to recent media controversy and public debate about legal pluralism and multiculturalism, Manea argues against what she identifies as the growing tendency for people to be treated as 'homogenous groups' in Western academic discourse, rather than as individuals with authentic voices. Building on her knowledge of the situation for women in Middle Eastern and Islamic countries, she undertakes first-hand analysis of the Islamic shari'a councils and Muslim arbitration tribunals in various British cities. Based on meetings with the leading sheikhs - including the only woman on their panels - as well as interviews with experts on extremism, lawyers and activists in civil society and women's rights groups, Manea offers an impassioned critique of legal pluralism, connecting it with political Islam and detailing the lived experiences of women in Muslim communities.

Women and Shari'a Law

Women and Shari'a Law

Author: Elham Manea

Publisher: I. B. Tauris

Published: 2016-04-30

Total Pages: 256

ISBN-13: 9781784536138

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Should shari'a law be introduced into the British legal system? Elham Manea explores this question by building on her knowledge of legal pluralism in Middle Eastern and Islamic countries and by first-hand analysis of the Islamic shari'a councils and Muslim arbitration tribunals in various British cities. Women and Shari'a Law traces how support for legal pluralism evolved in the context of widespread racism and anti-immigrant sentiments leading up to the Race Relations Act of 1968. Through its focus on gender equality and women's experiences, the book argues that the desire to resolve conflict, accommodate Muslim minorities, and reform a Euro-American-centric legal system developed into 'The Essentialist Paradigm'. This is a post-colonial and post-modern discourse that treats people as 'homogenous groups', essentialising their cultures and religions, but disregarding individual and authentic voices. By meeting with the leading sheikhs--including the only women on their panels--as well as interviewing experts on extremism, lawyers, politicians and activists in civil society and women's rights groups, the author offers a critique of legal pluralism, connecting it with political Islam and detailing the lived experiences of women in Muslim communities.


Book Synopsis Women and Shari'a Law by : Elham Manea

Download or read book Women and Shari'a Law written by Elham Manea and published by I. B. Tauris. This book was released on 2016-04-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should shari'a law be introduced into the British legal system? Elham Manea explores this question by building on her knowledge of legal pluralism in Middle Eastern and Islamic countries and by first-hand analysis of the Islamic shari'a councils and Muslim arbitration tribunals in various British cities. Women and Shari'a Law traces how support for legal pluralism evolved in the context of widespread racism and anti-immigrant sentiments leading up to the Race Relations Act of 1968. Through its focus on gender equality and women's experiences, the book argues that the desire to resolve conflict, accommodate Muslim minorities, and reform a Euro-American-centric legal system developed into 'The Essentialist Paradigm'. This is a post-colonial and post-modern discourse that treats people as 'homogenous groups', essentialising their cultures and religions, but disregarding individual and authentic voices. By meeting with the leading sheikhs--including the only women on their panels--as well as interviewing experts on extremism, lawyers, politicians and activists in civil society and women's rights groups, the author offers a critique of legal pluralism, connecting it with political Islam and detailing the lived experiences of women in Muslim communities.