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Full-Text Articles in Law
Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri
Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri
Law Faculty Publications
A six-volume work, this set constitutes a major revision and massive expansion of the 1995 Oxford Encyclopedia of the Modern Islamic World. In addition to covering Islamic societies in the modern world from the eighteenth century to the present, as the earlier four-volume set did, it will add a depth of historical background going back to the pre- Islamic era. The new reference also covers the full geographical extent of Islam by focusing not only on the countries in which Islam is dominant, but also on regions in which Muslims live as minorities, such as Europe and the Americas.
An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri
An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri
Law Faculty Publications
In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.
Foreword, Azizah Y. Al-Hibri
Foreword, Azizah Y. Al-Hibri
Law Faculty Publications
Recent world events have also underlined the fact that the shrinking global village is not moving automatically towards increased democracy, peace and cooperation. The use of force continues to be the preferred tool for conflict resolution, despite all claims to the contrary. To complicate matters, the new technological innovations are bringing violence instantaneously to our doorstep. Conflicts in far away regions of the world can no longer be ignored. They have cast their shadow over our cities. The dream of the global village has become a nightmare, with no apparent exit. What can we do about it?
Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri
Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri
Law Faculty Publications
Islam is commonly viewed in the West as being incompatible with democracy. It is also viewed as an "Oriental" religion that has spawned violence and encouraged human rights violations. Because of the historical interaction between the West and Islam, the United States has recently been supporting efforts to export its democratic principles and human rights values to Muslim countries. In this context, the question of constitutional borrowing gains special significance. To assess the possibilities of constitutional borrowing between Islamic countries and the United States, it is important to first discuss the historical relation between the two, as well as between …
Faith And The Attorney-Client Relationship: Muslim Perspective, Azizah Y. Al-Hibri
Faith And The Attorney-Client Relationship: Muslim Perspective, Azizah Y. Al-Hibri
Law Faculty Publications
Three significant factors have converged to contribute significantly to the state of spiritual impoverishment, fragmentation, and work-place alienation experienced by professional people of faith in this country. They are: the emergence of material secularism as the dominant ideology, the uncritical acceptance of technological reductionism, and the over-broad interpretation of the public/private distinction. I shall discuss these factors from a spiritual perspective generally, and an Islamic one specifically. I shall also present an Islamic point of view on of the attorney-client relationship, critique Professor Allegretti's proposal, and mention some of the problems that lawyers of faith must consider in their daily …
Legal Reform: Reviewing Human Rights In The Muslim World, Azizah Y. Al-Hibri
Legal Reform: Reviewing Human Rights In The Muslim World, Azizah Y. Al-Hibri
Law Faculty Publications
Muslims take spirituality very seriously and would be willing to put up with a great deal of pain and suffering rather than abandon this fundamental disposition. Additionally, many Muslims have an intuitive belief that it is not religion which is at fault, but those in power. Consequently, they continue to search for the spiritually acceptable solution. In the meantime, Western NGOs offer no more than lightly-modified Western secular solutions, sometimes thinly disguised with religious rhetoric.
Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri
Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri
Law Faculty Publications
This unique reference is a comprehensive encyclopedia dedicated to the institutions, religion, politics, and culture in Muslim societies throughout the world. Placing particular emphasis on the nineteenth and twentieth centuries, The Oxford Encyclopedia of the Modern Islamic World contains over 750 articles in four volumes on Muslims in the Arab heartland as well as South and Southeast Asia, Europe, and the Americas.
An invaluable resource, the Encyclopedia offers extensive comparative and systematic analyses of Islamic beliefs, institutions, movements, practices, and peoples on an international scale. The alphabetically arranged articles range from brief 500-word essays to major interpretive and synthetic treatment …
Family Planning And Islamic Jurisprudence, Azizah Y. Al-Hibri
Family Planning And Islamic Jurisprudence, Azizah Y. Al-Hibri
Law Faculty Publications
In this speech, the author provides a brief overview of Islamic jurisprudence on the subject matter and does not recommend any particular position with respect to the debate on family planning. The author, however, wishes to emphasize to the reader the importance of correctly analyzing arguments and factors involved in the particular situation under consideration, in light of all relevant communal as well as individual factors. The author also wishes to emphasize the importance of formulating all such analysis free from all forms of compulsion and coercion, whether conscious or subconscious, individual or organized, including that of targeted advertising campaigns. …
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Law Faculty Publications
This article will discuss select, basic principles of Islamic law relating to democratic governance, pointing out in the process certain areas of disagreement surrounding them in the literature and the grounds for such disagreements. Part II of this article presents a brief overview of Islamic law in order to provide a foundation for later discussion. The article then assesses the Islamic system of government in light of two major principles of Western democracies. They are (1) the principle that the will of the people shall be the basis of the authority of the government (Principle A) and (2) the principle …