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Vol 21 No 11 Nov/Dec 2016

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Islam and Public Law

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ISBN13: 9781853337680
ISBN: 1853337684
Published: June 1994
Publisher: CQ Press
Format: Hardback
Price: Out of print



A collection of essays which represent the most advanced scholarship on public law in the world of Islam. Whilst the studies cover a wide historical and geographical span, ranging from early views in classical Islamic texts to recent decisions of the Egyptian Supreme Constitutional Court, the importance of public law in the current debate, within an Islamic legal and cultural context, constitutes the thread running through the work.;Key issues such as shura (consultation), bay'a (choice or election of rulers), the significance of the shari'a (Islamic law), the structure and role of the courts and of the muftis, the rule of law, the production of legal literature in the state and in the educational system, find extensive treatment in studies based on first-hand information by judges, scholars, and practitioners.

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Subjects:
Islamic Law
Contents:
Part 1 Classical perspectives: consultation and the political process in the Islamic Middle East of the 9th, 10th and 11th centuries; legal literature and problem of change - the case of Egypt; appellate review of judicial independence in Islamic law; the law and the Mufti - evidence from 15th-century Morocco.
Part 2 Contemporary dimensions: the role of 'urf in shaping the traditional Islamic city; Islamic law and state legislation on religious conversion in India; Islam and public law in Malaysia - some reflections in the aftermath of Susie Teoh's case; Majlis al-Dawla - the administrative courts of Egypt and administrative law; the jurisprudence of the Egyptian Supreme Constitutional Court; contemporary reinterpretations of Islamic law.