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Family, Religion and Law

Cultural Encounters in Europe

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions.

Self-defense in Islamic and International Law

Assessing Al-Qaeda and the Invasion of Iraq

Shah argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda’s declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does not meet the international legal test. Dr Shah examines those causes attributed to Islam and non-Islamic causes of terrorism and argues that the theory of ‘reactive terror’ provides the most plausible explanation for so-called Islamic terrorism. The nature of conflicts in Afghanistan and Iraq is changing and Muslim leaders (not including Al-Qaeda or pro Anglo-American governments) may, by consensus, declare Jihad if the occupying forces do not withdraw. Such declaration would be according to Islamic and international law.

4 Dar Al - Islam ( Abode of Islam ) and Dar Al - Harb ( un - Islamic Abode ) Some
publicists tend to divide the world into Dar al - Islam and Dar al - harb . They
consider Dar al - Islam to be always at war with Dar al - harb until it is conquered .

Islamic Law and the Law of Armed Conflict

The Conflict in Pakistan

Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.

Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law.

International Law and Islam

International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of International Law in a historical perspective.

International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of International Law in a historical perspective.

Tafsir

Interpreting the Qur'an

Within the classical Islamic tradition, the field of Qur'anic exegesis, more commonly referred to as tafsir, occupies a revered place among the traditional Muslim sciences. Although tafsir encompasses various approaches to the explication of the Qur'an and these include legal, theological, rhetorical, linguistic, mystical, literary, and philosophical treatments, it is the technical tools and methodologies applied in Qur'anic exegesis and the history of their development which make the discipline so unique in its Islamic context. Given the significance of tafsir within the religious tradition, western academic scholars have devoted considerable attention to the field. This interest remains vigorous today and represents one of the key areas of research in modern Islamic studies. This collection of articles on tafsir provides a definitive overview of the tradition of tafsir in its early, medieval, and modern settings. Tafsir: Interpreting the Qur'an includes works germane to the history and development of exegesis; materials which focus on the tradition's great commentators and their commentaries; articles which look at the genres, themes and contexts of the tafsir tradition; research on exegetical ideas, sources, and constructs; and, finally, articles which examine the hermeneutic tools defined by scholarship for the explication of the sacred text. It is an essential work of reference destined to be valued by scholars and students as a vital one-stop research resource.

This collection of articles on tafsir provides a definitive overview of the tradition of tafsir in its early, medieval, and modern settings.