The Expert Witness in Islamic Courts

A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.

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Author: Ron Shaham

Publisher: University of Chicago Press

ISBN: 9780226749358

Category: Religion

Page: 304

View: 642

Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.

Islamic Law and Empire in Ottoman Cairo

Law, Custom and Statute in the Muslim World: Essays in Honor of Aharon Layish (Leiden: Brill, 2007), 41–65. Shaham, Ron, The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law (Chicago: University of Chicago ...

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Author: James Baldwin

Publisher: Edinburgh University Press

ISBN: 9781474419079

Category: Social Science

Page: 248

View: 683

A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents

Muslim Midwives

... courts,” in Law, Custom, and Statute in the Muslim World: Studies in Honor of Aharon Layish, ed. by Ron Shaham (Leiden: Brill, 2007), 41–65 The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law (Chicago, ...

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Author: Avner Giladi

Publisher: Cambridge University Press

ISBN: 9781107054219

Category: History

Page: 210

View: 685

This book reconstructs the role of midwives in medieval to early modern Islamic history through a careful reading of a wide range of classical and medieval Arabic sources. The author casts the midwife's social status in premodern Islam as a privileged position from which she could mediate between male authority in patriarchal society and female reproductive power within the family. This study also takes a broader historical view of midwifery in the Middle East by examining the tensions between learned medicine (male) and popular, medico-religious practices (female) from early Islam into the Ottoman period and addressing the confrontation between traditional midwifery and Western obstetrics in the first half of the nineteenth century.

The Ashgate Research Companion to Islamic Law

The expert witness in islamic Courts: Medicine and Crafts in the Service of law. Chicago: University of Chicago Press. al-Shawkānī, Muḥammad. 1985. Sayl al-jarrār al-mutadaffiq ʿalā ḥadāʾiq al-Azhār. 4 vols.

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Author: Peri Bearman

Publisher: Routledge

ISBN: 9781317043065

Category: Religion

Page: 360

View: 754

This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

In Quest of Justice

Ron Shaham, The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law (Chicago: University of Chicago Press, 2010), 6. 48. Jeanette Wakin, The Function of Documents in Islamic Law (Albany: State University of New ...

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Author: Khaled Fahmy

Publisher: Univ of California Press

ISBN: 9780520971721

Category: History

Page: 408

View: 482

In Quest of Justice provides the first full account of the establishment and workings of a new kind of state in Egypt in the modern period. Drawing on groundbreaking research in the Egyptian archives, this highly original book shows how the state affected those subject to it and their response. Illustrating how shari’a was actually implemented, how criminal justice functioned, and how scientific-medical knowledges and practices were introduced, Khaled Fahmy offers exciting new interpretations that are neither colonial nor nationalist. Moreover he shows how lower-class Egyptians did not see modern practices that fused medical and legal purposes in new ways as contrary to Islam. This is a major contribution to our understanding of Islam and modernity.

Authenticity Autonomy and Multiculturalism

The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law. Chicago, IL: University of Chicago Press. Shweder, Richard. 2001. “Culture: Contemporary Views.” In International Encyclopedia of the Social and Behavioral ...

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Author: Geoffrey Brahm Levey

Publisher: Routledge

ISBN: 9781317535911

Category: Political Science

Page: 212

View: 686

The concept of "authenticity" enters multicultural politics in three distinct but interrelated senses: as an ideal of individual and group identity that commands recognition by others; as a condition of individuals’ autonomy that bestows legitimacy on their values, beliefs and preferences as being their own; and as a form of cultural pedigree that bestows legitimacy on particular beliefs and practices (commonly called "cultural authenticity"). In each case, the authenticity idea is called on to anchor or legitimate claims to some kind of public recognition. The considerable work asked of this concept raises a number of vital questions: Should "authenticity" be accorded the importance it holds in multicultural politics? Do its pitfalls outweigh its utility? Is the notion of "authenticity" avoidable in making sense of and evaluating cultural claims? Or does it, perhaps, need to be rethought or recalibrated? Geoffrey Brahm Levey and his distinguished group of philosophers, political theorists, and anthropologists challenge conventional assumptions about "authenticity" that inform liberal responses to minority cultural claims in Western democracies today. Discussing a wide range of cases drawn from Britain and continental Europe, North America, Australia and the Middle East, they press beyond theories to consider also the practical and policy implications at stake. A helpful resource to scholars worldwide in Political and Social Theory, Political Philosophy, Legal Anthropology, Multiculturalism, and, more generally, of cultural identity and diversity in liberal democracies today.

Islam and the Rule of Justice

Image and Reality in Muslim Law and Culture Lawrence Rosen. Scott, James C. 1985. ... Custom in Islamic Law and Theory. London: Palgrave Macmillan. ... The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law.

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Author: Lawrence Rosen

Publisher: University of Chicago Press

ISBN: 9780226511740

Category: Law

Page: 288

View: 690

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.

Positive Law from the Muslim World

(1997) Family and the Courts in Modern Egypt: A Study Based on Decisions by the Sharıˆ'a Courts, 1900–1955. Leiden: Brill. (2010) The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law.

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Author: Baudouin Dupret

Publisher: Cambridge University Press

ISBN: 9781108845212

Category: Law

Page: 312

View: 449

Dupret explores how the concept of positive law operated in the Muslim world.

Routledge Handbook of Islamic Law

Schacht, himself perhaps drawing from the common name for the Roman law principles of this type. ... see Ron Shaham, The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law (Chicago: Chicago University Press, ...

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Author: Khaled Abou El Fadl

Publisher: Routledge

ISBN: 9781317622444

Category: Religion

Page: 450

View: 719

This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

Shari a in the Modern Era

“Enjoying from all the Worlds: Legal Forum Shopping in Islamic Societies.” The New East 46 (2006): 54–78. Shaham, R. The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law. Chicago: University of Chicago Press, ...

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Author: Iyad Zahalka

Publisher: Cambridge University Press

ISBN: 9781107114586

Category: Law

Page: 220

View: 733

In this book, a judge at the Shari'a Court of Jerusalem explains the religious law of Muslim minorities.