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"Islamic courts."
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Manichaean Delirium
The book uses the concept of the Manichaean geography of the colony, popularized by Fanon, to account for the virulent Islamic renewal in Sudan. In focusing on the Sudan judiciary, characterized by an unrelenting rift between its civil and Sharia divisions, the book examines the various forces that sought to profit from these Manichaean resources.
eBook
Crisis and continuity at the Abbasid court : formal and informal politics in the caliphate of al-Muqtadir (295-320/908-32)
The reign of al-Muqtadir (295-320/908-32) is a crucial epoch in Abbasid history. Four scholars question the picture of decline attached to this period, exploring the formal and informal power relationships that shaped politics at the court of this caliph.
eBook
A geo-legal approach to the English Sharia courts : cases and conflicts
\"A Geo-Legal Approach to the English Sharia Courts: Cases and Conflicts adopts a new methodological perspective that combines Comparative Law with Geopolitics to understand the phenomenon of the English 'sharia courts'. This term is used as a geopolitical representation of specific Islamic ADR institutions. The geo-legal analysis illustrates the competition of the legal systems involved and brings you in the middle of the related conflict, where (official and unofficial) legal rules are used by various actors to defend their ideas of Law and implement their strategies. Accordingly, the geo-legal operational analysis helps assess the possible changes occurring in the relationship between the legal systems and their substratum of values\"-- Provided by publisher.
BOOK
A New Look at the Agency of Qāḍīs: Israeli Sharīʿa Courts as a Case Study
Abstract
In the literature on Islamic law, qāḍīs are usually depicted as lower-level jurists, who are marginalized by other actors in the Sharīʿa field (such as muftīs, author-jurists and legislators) and therefore have no significant impact on the development of Islamic law. The article calls for a reevaluation of this assessment, arguing that modern qāḍīs actually possess far-reaching agency for transforming Islamic law. A case study of the Sharīʿa courts in Israel serves as illustration for the argument. It is shown that qāḍīs in Israel employ a broad range of judicial and extra-judicial mechanisms for the purpose of introducing innovations into applied Islamic law in their courts. In particular, the article dwells on judicial tools for reforms such as procedural reforms, innovations in evidence rules, and several types of material reforms (takhayyur, hybridization of Islamic and non-Islamic principles, and the continuous operationalization of Islamic concepts).
Journal Article
'Where Only Women May Judge': Developing Gender-Just Islamic Laws in India's All-Female 'Sharī'ah Courts'
Abstract
Over the last four years, India has become the centre for a major experiment in the implementation of a so-called 'gender-just Islam' by Islamic feminist organisations: the formation of a non-official, female-led sharī'ah court network, within which women serve as qāẓīs (religious judges) to adjudicate disputes within Muslim families. Presenting themselves as counterweights to more patriarchal legal bodies, including both the official judiciary and unofficial dispute resolution forums, these sharī'ah 'adālats employ both state-centred and community-focused strategies to assist Muslim women experiencing marital or family-related strife. Based on interviews with female qāẓīs and associated documentary sources, I examine how the women who run these courts adjudicate family conflicts according to what they understand as both the Qur'an's ethical teachings, and its stipulations regarding the proper methods of dispute resolution. I also argue that these all-female sharī'ah 'adālats reflect a shift of focus away from court litigation and legislative intervention, and towards non-state, arbitration-focused practices, as the most fruitful means to protect the needs of Muslim women in contemporary India.
Journal Article