This book provides an unprecedented portrayal of a lively shari'a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population. Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions. The book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.

Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.

This book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The study is based on participant observations in the studied shari'a court in contemporary West Jerusalem, as well as on textual and legal analyses of court cases and rulings, and suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.

A critical legal study of religion and state relations in Israel focusing on the religiously entrapped Palestinian-Arab individuals.

The accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.

This book explores the changing socio–cultural world in early modern South Asia, and locates the agency of the Mughal state therein. The development of literacy and new forms of engagement between literacy and performance prompted the opening up of new spaces of social communication, and led to the development of a performative (and somatic) public sphere in South Asia. The work highlights the significance of legal spaces, along with the markets and coffeehouses, in shaping the emergent public sphere. While defending the case for legal pluralism, it argues that the Mughal state endured and enhanced the diversity in the legal order. Focusing on the socially embedded attributes of the state, it looks at how the state's relations with the local powers impinged on, and reproduced community identities, identity conflicts, legal pluralism, property relations, and different forms of social communication.

This book critically analyzes the Palestinian legal arguments against Israeli occupation and in favor of Palestinian statehood. For the past two decades, Palestinians have chosen to pursue their claims against the Israeli occupation through litigation at the international courts. It is therefore appropriate, the author contends, to analyze the merits of the Palestinian legal claims separately from their political claims. To do so, the book comprises five parts: Part I addresses the role of international law in the conflict as well as Palestinian legal framing and lawfare. Part II recounts the relevant legal history, including the crucial legal implications of the Oslo Accords. Part III analyzes Palestinian legal claims regarding the West Bank and the Gaza Strip. Part IV assesses the Palestinian legal case for statehood. Part V analyzes Palestinian legal claims regarding Jerusalem. Ultimately, it is argued that the Palestinian legal case is weak even though the two-state solution continues to represent the most viable long-term political outcome to the conflict. Moreover, the author suggests that Palestinian leaders have repeatedly opted for conflict perpetuation through lawfare and violence, rather than conflict resolution through negotiation. Providing fresh insights into the claims and counterclaims of Palestinian legal arguments, the book will appeal broadly to anyone interested in the Israeli-Palestinian conflict and international law.

Islamic Divorce in the 21st Century shows the wide range of Muslim experiences in marital disputes and in seeking Islamic divorces. For Muslims, having the ability to divorce in accordance with Islamic law is of paramount importance. However, Muslim experiences of divorce practice differ tremendously. The chapters in this volume discuss Islamic divorce from West Africa to Southeast Asia, and each story explores aspects of the everyday realities of disputing and divorcing Muslim couples face in the twenty-first century. The book’s cross-cultural and comparative look at Islamic divorce indicates that Muslim divorces are impacted by global religious discourses on Islamic authority, authenticity, and gender; by global patterns of and approaches to secularity; and by global economic inequalities and attendant patterns of urbanization and migration. Studying divorce as a mode of Islamic law in practice shows us that the Islamic legal tradition is flexible, malleable, and context-dependent.

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.

A dynamic account of the sharia in Lebanon as both state law and as personal ethics.