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Islam and the Rule Of Justice: Image and Reality In Muslim Law and Culture
[Paperback - 2018]
lawrence rosen
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Category: Religion
Sub-category: Islam
Additional Category: Islamic Law
Publisher: University Of Chicago Press Usa | ISBN: 9780226511603 | Pages: 288
Shipping Weight: .420 | Dimensions: 0

Description

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. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he 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 studie 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.

About the Author

Lawrence Rosen is the Cromwell Professor of Anthropology at Princeton University and adjunct professor of law at Columbia Law School and a 2005 Carnegie Scholar. He is both an anthropologist and a lawyer. His main interests are in the relation between cultural concepts and their implementation in social and legal relationshipsHe is the author of The Culture of Islam; Varieties of Muslim Experience; Bargaining For Reality; and Two Arabs, a Berber, and a Jew; all also published by the University of Chicago Press.He teaches courses on law and anthropology, comparative religious systems, the American Indian and the law, and the theory of cultural systems.He received the Presidential Distinguished Teaching Award in 1997 and was a Phi Beta Kappa Visiting Scholar for 1997-98.

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