This comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".

Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea

In his first book since What Went Wrong? Bernard Lewis examines the historical roots of the resentments that dominate the Islamic world today and that are increasingly being expressed in acts of terrorism. He looks at the theological origins of political Islam and takes us through the rise of militant Islam in Iran, Egypt, and Saudi Arabia, examining the impact of radical Wahhabi proselytizing, and Saudi oil money, on the rest of the Islamic world. The Crisis of Islam ranges widely through thirteen centuries of history, but in particular it charts the key events of the twentieth century leading up to the violent confrontations of today: the creation of the state of Israel, the Cold War, the Iranian Revolution, the Soviet defeat in Afghanistan, the Gulf War, and the September 11th attacks on the United States. While hostility toward the West has a long and varied history in the lands of Islam, its current concentration on America is new. So too is the cult of the suicide bomber. Brilliantly disentangling the crosscurrents of Middle Eastern history from the rhetoric of its manipulators, Bernard Lewis helps us understand the reasons for the increasingly dogmatic rejection of modernity by many in the Muslim world in favor of a return to a sacred past. Based on his George Polk Award–winning article for The New Yorker, The Crisis of Islam is essential reading for anyone who wants to know what Usama bin Ladin represents and why his murderous message resonates so widely in the Islamic world.

“Superb... A tour de force.” —Ebrahim Moosa “Provocative... Aydin ranges over the centuries to show the relative novelty of the idea of a Muslim world and the relentless efforts to exploit that idea for political ends.” —Washington Post When President Obama visited Cairo to address Muslims worldwide, he followed in the footsteps of countless politicians who have taken the existence of a unified global Muslim community for granted. But as Cemil Aydin explains in this provocative history, it is a misconception to think that the world’s 1.5 billion Muslims constitute a single entity. How did this belief arise, and why is it so widespread? The Idea of the Muslim World considers its origins and reveals the consequences of its enduring allure. “Much of today’s media commentary traces current trouble in the Middle East back to the emergence of ‘artificial’ nation states after the fall of the Ottoman Empire... According to this narrative...today’s unrest is simply a belated product of that mistake. The Idea of the Muslim World is a bracing rebuke to such simplistic conclusions.” —Times Literary Supplement “It is here that Aydin’s book proves so valuable: by revealing how the racial, civilizational, and political biases that emerged in the nineteenth century shape contemporary visions of the Muslim world.” —Foreign Affairs

An accessible, transregional exploration of how Islam and Asia have shaped each other's histories, societies and cultures from the seventh century to today.

In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.

This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.