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Legal Pluralism in Muslim Contexts

Legal Pluralism in Muslim Contexts

  • 作者:
  • 出版商: Brill Academic Publishers
  • ISBN: 9789004398214
  • 出版时间 June 2019
  • 规格: Hardback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions.

    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.

    The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.

  • Introduction, Norbert Oberauer
    Muslim legal practice in the United Kingdom: the Muslim Arbitration Tribunal, Yvonne Prief
    Unregistered Muslim marriages in the United Kingdom, Vishal Vora
    Muslims of Greece: a legal paradox and a political failure, Konstantinos Tsitselikis
    Islamic law as indigenous law: sharı̄ʿa courts in Israel from a postcolonial perspective, Ido Shahar
    Nation building, Islamic law and unofficial legal pluralism: the cases of Turkey and Pakistan, Ihsan Yilmaz
    Constitutional recognition of Islamic family law and Sharia courts in Ethiopia: governmental strategies to co-regulate the plural family law arena, Katrin Seidel
    Legal pluralism in the Southern West Bank: the impact of honour as a factor on developments towards an increased consideration of rule-of-law principles in clan-based justice, Ulrike Qubaja
    Legal pluralism in Indonesia: the case of interfaith marriages involving Muslims, Judith Koschorke
    Contextualising Malaysia’s Islamic law: a nuanced perspective, Karen Meerschaut & Werner de Saeger

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