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Articles 1 - 15 of 15

Full-Text Articles in Jurisprudence

The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong Dec 2019

The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong

Journal of Islamic and Middle Eastern Multidisciplinary Studies

This article analyzes two books that utilize the construct of “The Muslim Woman” as a symbol for public consumption across a global and conceptual scale: Saba Mahmood’s book, 'Politics of Piety', and Malala Yousafzai’s and Christina Lamb’s 'I am Malala'. The motivation behind the analysis is to situate the texts within debates on essentialism within accounts of Muslim women. While essentialism and the critique of it in such discussions are not a novelty, the books demonstrate a physical manifestation of essentialism and a reductionist reaction toward this brand of essentialism. Through analysis of the content, poetics, and ...


New Bottles, Old Wine: The Contemporary Palestinian Political Division, Abdalhadi Alijla, Aziz Al Masri Nov 2019

New Bottles, Old Wine: The Contemporary Palestinian Political Division, Abdalhadi Alijla, Aziz Al Masri

Journal of Islamic and Middle Eastern Multidisciplinary Studies

This study examines the prolonged Palestinian division. Its essential focus is to explore the various stages that the Palestinian political system has gone through and track its development from the British mandate up to the ongoing division between Fatah and Hamas. It aims to uncover the roles of regional and foreign actors which have destabilized the Palestinian national movement. Moreover, it demonstrates the role of the United Kingdom and Israel in inciting the divide and conquer principle during the British mandate, as well as the way the Palestine Liberation Organisation managed to maintain national unity from the 1960s. Finally, this ...


Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo Apr 2019

Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The evolution of the concept of spiritual/religious wisdom (ḥikamt) by the Iranian Muslim philosophers from the 10th to 12th century, may be studied under three main trends namely Mashā’i (Peripatetic), Kalām (theology), and Ishrāq (Illumination). Despite the correlation among these trends each of them grew independently. Among the three, the Hikmat-i Ishrāq (Illumination Wisdom) which is also known as Ḥikamt-i Dhawqi (Intuitive Wisdom) of Shahab al-Din Suhrawardi (1153-1191) found a special place as it tended to bring together the philosophical and theological aspects of wisdom. This survey would address the development of ikmat (wisdom) among ...


Judges And Judicial Process In The Jurisprudence Of St. Thomas Aquinas, Charles P. Nemeth, J.D., Ph.D., Ll.M. Nov 2017

Judges And Judicial Process In The Jurisprudence Of St. Thomas Aquinas, Charles P. Nemeth, J.D., Ph.D., Ll.M.

The Catholic Lawyer

No abstract provided.


A Christian Jurisprudence, John Kuhn Bleimaier Sep 2017

A Christian Jurisprudence, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.


A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence, Timothy L. Fort Sep 2017

A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence, Timothy L. Fort

The Catholic Lawyer

No abstract provided.


The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen Nov 2016

The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The idea of deducing legal rulings in Islamic law, or ijtihād, as well as the qualifications of the person who practices ijtihād, known as the mujtahid, has been a complex issue among Muslim ʿulamāʾ for centuries. Many Muslim ʿulamāʾ and Western scholars have maintained that the gate of ijtihād was closed. The title of mujtahid was therefore impossible to attain. The Moroccan intellectual al-Khamlīshī maintains that the strenuous conditions put forth by some of the Sunni jurists to qualify an individual to become a mujtahid actually contributed to the demise of ijtihād. These qualifications, according to al-Khamlīshī, were proven to ...


The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause Sep 2016

The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause

Fidei et Veritatis: The Liberty University Journal of Graduate Research

For centuries, the Mosaic Code (“MC”) has been viewed as Israel’s prescriptive legislation, whereby Jewish leaders were to judge infractions by the “letter of the law.” This view is one which permeates both pulpit and pew alike, even in this modern era. However, recent developments in scholarship are challenging this understanding of MC, concluding instead that this “law code” was not utilized in Israelite jurisprudence, but rather as a covenant contract that worked not prescriptively in the lives of the Jews, but rather descriptively, in that it relayed the heart of YHWH to its reader. Accordingly, MC was to ...


Government Under Law, Right Reverend Monsignor Robert J. White May 2016

Government Under Law, Right Reverend Monsignor Robert J. White

The Catholic Lawyer

No abstract provided.


The Independent Press After The "Moroccan Spring", Hamza Tayebi Jul 2015

The Independent Press After The "Moroccan Spring", Hamza Tayebi

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The wave of Arab Spring that started in Tunisia and Egypt arrived to Morocco in 2011 paving the way to unprecedented organized mass-protests all over the country. Among the demands raised by the 20 February Movement protesters was the demand for free and independent media outlets, especially the press. King Mohammed VI, the Commander of the Faithful and the highest authority in Morocco, promised in a televised speech on March 9th to introduce "radical" and "genuine" constitutional reforms that would democratize the country. In fact, King Mohammed VI has so far succeeded in calming down and co-opting the demonstrations, but ...


Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein May 2014

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.


State Sovereignty And Citizen Agency: The Nationalist-Islamic Discourse Of Shaykh Muhammad Mahdi Shams Al-Din, Dina Jadallah Feb 2014

State Sovereignty And Citizen Agency: The Nationalist-Islamic Discourse Of Shaykh Muhammad Mahdi Shams Al-Din, Dina Jadallah

Journal of Islamic and Middle Eastern Multidisciplinary Studies

Using the discourse of Shaykh Muhammad Mahdi Shams al-Din, this article examines the contestation of sovereignty in Lebanon. His discourse on questions of sovereignty and agency offers an alternative vision of modernity that is part of an evolving struggle in the Lebanese political system. Lebanon’s consociational democratic system of structured political sectarianism necessitated an enmeshed and interactive theological, organizational, and political response. The article asks how political and ideational challenge – in the sense of empowering a disempowered group – occurs within a dominant political system of democratic exclusion? In addition, the geo-political reality of diminished state-level sovereignty, both vis-à-vis regional ...


Repurposed Narratives: The Battle Of Ṣiffīn And The Historical Memory Of The Umayyad Dynasty, Aaron M. Hagler Apr 2013

Repurposed Narratives: The Battle Of Ṣiffīn And The Historical Memory Of The Umayyad Dynasty, Aaron M. Hagler

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The Battle of Ṣiffīn (36/657) is the flash point in the emergence of sects within Islam. The presentation of the Ṣiffīn story in Arabic historical writing therefore changed over time as the sectarian split among Sunnīs and Shīʿites became increasingly defined. This paper will trace the development of the presentation of the Ṣiffīn story in Arabic histories across developing Sunnī and Shīʿite identity crystallization and the region of origin of their authors, as well as literary and stylistic developments in the field of Arabic historical writing.

The specific historians examined have been chosen in part because they demonstrate a ...


Moral Foundation Theory And The Law, Colin Prince Jan 2010

Moral Foundation Theory And The Law, Colin Prince

Seattle University Law Review

Moral foundation theory argues that there are five basic moral foundations: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. These five foundations comprise the building blocks of morality, regardless of the culture. In other words, while every society constructs its own morality, it is the varying weights that each society allots to these five universal foundations that create the variety. Haidt likens moral foundation theory to an “audio equalizer,” with each culture adjusting the sliders differently. The researchers, however, were not content to simply categorize moral foundations—they have tied the foundations ...


What Is Justice? (Review Of Christian Justice And Public Policy, By Duncan B. Forrester), Michael David Lopez Sep 1999

What Is Justice? (Review Of Christian Justice And Public Policy, By Duncan B. Forrester), Michael David Lopez

BYU Law Review

No abstract provided.