Islam and the rule of justice : image and reality in Muslim law and culture / Lawrence Rosen.
2018
KBP440.32 .R67 2018 (Mapit)
Available at Stacks
Items
Details
Title
Islam and the rule of justice : image and reality in Muslim law and culture / Lawrence Rosen.
Imprint
Chicago ; London : The University of Chicago Press, 2018.
Description
viii, 280 pages : illustrations ; 23 cm
Formatted Contents Note
Introduction : approaching Islamic law
Part 1. Following the law
Going to court : everyday life in a Muslim court
Why do women usually win in Muslim family law courts?
Parallel worlds : shadow law and political culture in Morocco
Back to the future? : Muslim-Jewish partnerships
Part 2. Justice in an imperfect world
The culture of corruption in the Arab world
Justice and the "Arab Spring" : a guide to the Arab street
Will the middle class save the Middle East?
Trying terror : Zacarias Moussaoui and his culture on trial
Epilogue : the rule of law or the rule of justice?
Part 1. Following the law
Going to court : everyday life in a Muslim court
Why do women usually win in Muslim family law courts?
Parallel worlds : shadow law and political culture in Morocco
Back to the future? : Muslim-Jewish partnerships
Part 2. Justice in an imperfect world
The culture of corruption in the Arab world
Justice and the "Arab Spring" : a guide to the Arab street
Will the middle class save the Middle East?
Trying terror : Zacarias Moussaoui and his culture on trial
Epilogue : the rule of law or the rule of justice?
Summary
"In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. [This book] analyzes a number of these misperceptions. Drawing on specific cases, [the author] explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studies the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant's actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 243-277) and index.
Call Number
KBP440.32 .R67 2018
Language
English
ISBN
9780226511573 (cloth ; alkaline paper)
022651157X (cloth ; alkaline paper)
9780226511603 (paperback ; alkaline paper)
022651160X (paperback ; alkaline paper)
9780226511740 (e-book)
022651174X
9780226511740
022651157X (cloth ; alkaline paper)
9780226511603 (paperback ; alkaline paper)
022651160X (paperback ; alkaline paper)
9780226511740 (e-book)
022651174X
9780226511740
Record Appears in