The Justice of Islam: Comparative Perspectives on Islamic Law and SocietyOne 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. |
Contents
Equity and discretion in Islamic law | 3 |
Islamic case law and the logic of consequence | 24 |
Islamic law as common law Power culture and the reconfiguration of legal taxonomies | 38 |
Responsibility and compensatory justice in Arab culture and law | 69 |
In and out of court | 83 |
From courtroom to courtyard Law and custom in popular legal culture | 85 |
On the dockes Changing conventions in a Muslim court 19651995 | 99 |
Local justice A day in an alternative court | 111 |
Justice past and present | 151 |
Islamic concepts of justice and injustice | 153 |
Muhammads sociological jurisprudence | 176 |
Private thoughts public utterances Law privacy and the consequences for community | 187 |
Islam and Islamic culture in the courts of the United States | 200 |
| 217 | |
| 233 | |
Whom do you trust? Structuring confidence in Arab law and society | 133 |
Other editions - View all
The Justice of Islam: Comparative Perspectives on Islamic Law and Society Lawrence Rosen No preview available - 2000 |
Common terms and phrases
amal American approach argued aspects assertion assessment assumptions believers Berber bridewealth central civil law claim Code common law common law systems concept consequences context contract criteria cultural custom defendant developed dhimmi dispute distinction divorce doctrine documents domains Elijah Muhammad emphasis Encyclopaedia of Islam example formal human husband implications individual injustice instances institutions involved Islamic law Islamic legal issues judge judicial jurisprudence justice knowledge lawyers legal pluralism legal systems litigants marriage matters means Milliot moral Moroccan Morocco Muslim Nation of Islam negotiation notaries oath obligations one's orientations particular parties plaintiff political practice procedures Prophet qadi qadi's court qiyas Quran realm reasoning reciprocity relations relationships religion religious result role Rosen rules rural courts says Schacht scholars Sefrou sense shari'a situation slander social society taxonomy testimony tion trust understanding University Press unjust enrichment utterances Western wife witnesses women
References to this book
Order and Disorder: Anthropological Perspectives Keebet von Benda-Beckmann,Fernanda Pirie Limited preview - 2007 |
Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 Lauren Benton Limited preview - 2002 |