The Justice of Islam: Comparative Perspectives on Islamic Law and Society

Paperback | February 24, 2000

byLawrence Rosen

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One out of five people in the world today lives subject to Islamic law, but stereotypes of rigid doctrine or harsh punishment obscure an understanding of the values and style of reasoning that characterize everyday lslamic adjudication. By considering its larger social and cultural contextIslamic law is shown to be a kind of common law system: justice is sought through a careful assessment of persons, more than facts, and justice resides not in equality but in a quest for equivalence. Through ordinary court proceedings the style of reasoning is seen to be embedded in a set of cultural assumptions, thus rendering the study of Islamic legal proceedings a window on Muslim society generally. Using data ranging from the courts of North Africa to the treatment of Islam in Americancourts, from a reinterpretation of the Prophet's sociological jurisprudence to the analysis of Islamic concepts of responsibility and trust these essays demonstrate the enduring appeal of Islamic law in the lives of everyday adherents.

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One out of five people in the world today lives subject to Islamic law, but stereotypes of rigid doctrine or harsh punishment obscure an understanding of the values and style of reasoning that characterize everyday lslamic adjudication. By considering its larger social and cultural contextIslamic law is shown to be a kind of common law...

Lawrence Rosen is Professor and Chair of Anthropology at Princeton University

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Format:PaperbackPublished:February 24, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198298854

ISBN - 13:9780198298854

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Table of Contents

IntroductionPart One: The socio-logic of Islamic legal reasoning1. Equity and discretion in Islamic law2. Islamic case-law and the logic of consequence3. Islamic law as common law: Power, culture, and the reconfiguration of legal taxonomies4. Responsibility and compensatory justice in Arab culture and lawPart Two: In and out of court5. From courtroom to courtyard: Law and custom in popular legal culture6. On the docket: Changing conventions in a Muslim court, 1965-19957. Local justice: A day in an alternative court8. Who do you trust? Structuring confidence in Arab law and societyPart Three: Justice past and present9. Islamic concepts of justice and injustice10. Muhammad's sociological jurisprudence11. Private thoughts, public utterances: Law, privacy, and the consequences for community12. Islam and Islamic culture in the courts of the United StatesReferencesIndex

Editorial Reviews

`informative material that is evident throughout.'Ramnick Shah, New Law Journal