The Justice of Islam
Comparative Perspectives on Islamic Law and Society
Series: Oxford Socio-Legal Studies;
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 February 2000
- ISBN 9780198298847
- Binding Hardback
- No. of pages248 pages
- Size 242x161x20 mm
- Weight 505 g
- Language English 0
Categories
Short description:
Twenty per cent of all the people in the world live under Islamic law. Going beyond steroetypes of rigid doctrine punishment the author explores the connections between everyday social life and contemporary Muslim ideas of justice and reason. Islamic law is thus seen as a kind of common law system closely attached to the cultural history of its adherents.
MoreLong description:
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.
... offers an intriguing and thought-provoking review of Islamic law for anyone concerned with law in a global age.
Table of Contents:
Introduction
Part One: The socio-logic of Islamic legal reasoning
Equity and discretion in Islamic law
Islamic case-law and the logic of consequence
Islamic law as common law: Power, culture, and the reconfiguration of legal taxonomies
Responsibility and compensatory justice in Arab culture and law
Part Two: In and out of court
From courtroom to courtyard: Law and custom in popular legal culture
On the docket: Changing conventions in a Muslim court, 1965-1995
Local justice: A day in an alternative court
Who do you trust? Structuring confidence in Arab law and society
Part Three: Justice past and present
Islamic concepts of justice and injustice
Muhammad's sociological jurisprudence
Private thoughts, public utterances: Law, privacy, and the consequences for community
Islam and Islamic culture in the courts of the United States
References
Index
