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Full-Text Articles in Law
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Michigan Law Review
The implementation and enforcement of Islamic law, especially Islamic criminal law, by modem-day Muslim nation-states is fraught with controversy and challenges. In Pakistan, the documented problems and failures of the country's attempt to codify Islamic law on extramarital sexual relations have led to efforts to remove rape cases from Islamic law courts to civil law courts. In striking contrast to Pakistan's experience, the Republic of the Maldives recently commissioned a draft of a penal law and sentencing guidelines based on Islamic law that abides by international norms. The incorporation of Islamic law into the legal systems of various countries around …
Custody, Maintenance, And Succession: The Internalization Of Women's And Children's Rights Under Customary Law In Africa, Allison D. Kent
Custody, Maintenance, And Succession: The Internalization Of Women's And Children's Rights Under Customary Law In Africa, Allison D. Kent
Michigan Journal of International Law
In this Note, the author examines the process of international human rights norm internalization into areas traditionally governed exclusively by customary law, and the resulting evolution of customary law. Assuming, arguendo, that customary law is to be modified, I argue that a societal norm internalization approach is the most effective means to bring customary law into conformity with international human rights law. After a brief discussion of the fieldwork on which I rely, this Note describes the historical influence of colonialism on the development of customary law in Africa, with a particular focus on the repugnancy clauses of the …
Settler Colonialism And Decolonisation, Lorenzo Veracini
Settler Colonialism And Decolonisation, Lorenzo Veracini
Faculty of Law, Humanities and the Arts - Papers (Archive)
Appraising the evolution of settler colonial forms during the second half of the twentieth century can contribute to an appraisal of decolonisation processes. This is both because settler colonial forms have existed in a variety of sites of European colonial expansion (and have survived in a number of postcolonial polities), and because, contrary to other colonial forms, settler colonialism has been remarkably resistant to decolonisation. This article calls for integrating two non-communicating discursive fields: adding an appraisal of settler colonialism to discussions of decolonisation, and introducing decolonisation to analyses of settler colonial contexts. It briefly outlines a history of decolonizing …