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Islamic Legal Interpretation
Muftis and Their Fatwas
Muhammad Khalid Masud
Harvard University Press, 1996

For more than a millennium, fatwas have guided and shaped Muslim understandings of Islamic law. The whole world knows of Ayatollah Khomeini’s fatwa in the Salman Rushdie case, yet this key institution in Muslim society has not been the subject of a major examination until now.

Ranging in import from the routine to the revolutionary, and in form from one-line answers to short treatises, fatwas have served to reaffirm received wisdom, caution against error, and chart novel responses to changing circumstances. The interpreters, the muftis of Islam, have included the greatest independent scholars of the ages, heads of large state bureaucracies, and unassuming jurists in local districts. Their vital task, which continues today in published collections as well as on radio and television, is to strive to interpret God’s design for the Muslim community.

Islamic Legal Interpretation uses an approach unique in Islamic studies, a casebook of expert analyses of fatwas from a wide range of times and places. The editors’ first chapter sets forth the origins, classical diversity, and modern development of the fatwa, while the following chapters illustrate particular opinions and their contexts. The approach throughout is interdisciplinary, as historians, lawyers, language specialists, and social scientists address fatwas as fundamental sources on both Islamic legal thought and Islamic social history.

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The Islamic Marriage Contract
Case Studies in Islamic Family Law
Asifa Quraishi
Harvard University Press, 2009
It is often said that marriage in Islamic law is a civil contract, not a sacrament. If this is so, this means that the marriage contract is largely governed by the same rules as other contracts, such as sale or hire. But at the same time marriage is a profound concern of the Islamic scriptures of Qur’an and Sunna, and thus at the very core of the law and morality of Islam and of the individual, familial, and social life of Muslims. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances (e.g., legal advice from thirteenth-century Spain); comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide. Demonstrating a new and powerful focus for comparative and historical inquiries into Islamic law and social practices, this book marks a fresh point of departure for the study of Muslim women.
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The Islamic Marriage Contract
Case Studies in Islamic Family Law
Asifa Quraishi
Harvard University Press, 2008

It is often said that marriage in Islamic law is a civil contract, not a sacrament. If this is so, this means that the marriage contract is largely governed by the same rules as other contracts, such as sale or hire. But at the same time marriage is a profound concern of the Islamic scriptures of Qur’an and Sunna, and thus at the very core of the law and morality of Islam and of the individual, familial, and social life of Muslims. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances (e.g., legal advice from thirteenth-century Spain); comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide.

Demonstrating a new and powerful focus for comparative and historical inquiries into Islamic law and social practices, this book marks a fresh point of departure for the study of Muslim women.

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The Islamic School of Law
Evolution, Devolution, and Progress
Peri Bearman
Harvard University Press, 2005
The Islamic school of law, or madhhab, is a concept on which a substantial amount has been written but of which there is still little understanding, and even less consensus. This collection of selected papers from the III International Conference on Islamic Legal Studies, held in May 2000 at the Harvard Law School, offers building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that even in the contemporary dissolution of madhhab lines and grouping continues to fascinate. As scholars look to the construction of a new Islamic legal history, these essays inform on the background to madhhab formation, on inter-madhhab polemics and the drive toward legal authority, on madhhab perpetuation and anti-madhhab tendencies, on the constitutional role of the madhhab, on the madhhab's legislative and adjudicative mechanisms, and on the significance of the madhhab in comparative terms. This volume is of value to anyone interested in the nature of Islamic law.
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Islands of Agreement
Managing Enduring Armed Rivalries
Gabriella Blum
Harvard University Press, 2007

We are culturally conditioned to think of war and peace in binary terms of strict opposition. Correspondingly, we tend to focus our attention on conflict prevention or conflict resolution. But as Islands of Agreement demonstrates, peace and war are seldom polar totalities but increasingly can and do coexist within the confines of a single scenario.

Consequently, Gabriella Blum suggests that even where conflict exists, we regard it as only one dimension of an ongoing, multifaceted interstate relationship. The result is a shift in perspective away from the constricting notions of "prevention" or "resolution" toward a more holistic approach of relationship management.

This approach is especially pertinent because conflicts cannot always be prevented or resolved. Through case studies of long-enduring rivalries--India and Pakistan, Greece and Turkey, Israel and Lebanon--Blum shows how international law and politics can function in the battlefield and in everyday life, forming a hybrid international relationship.

Through a strategy she calls "islands of agreement," Blum argues that within the most entrenched and bitter struggles, adversaries can carve out limited areas that remain safe or even prosperous amid a tide of war. These havens effectively reduce suffering and loss and allow mutually beneficial exchanges to take place, offering hope for broader accords.

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Islands of Privacy
Christena E. Nippert-Eng
University of Chicago Press, 2010

Everyone worries about privacy these days. As corporations and governments devise increasingly sophisticated data gathering tools and joining Facebook verges on obligatory, concerns over the use and abuse of personal information are undeniable. But the way privacy functions on the virtual frontier of the Internet is only a subset of the fascinating ways we work to achieve it throughout our everyday lives. In Islands of Privacy, Christena Nippert-Eng pries open the blinds, giving us an intimate view into the full range of ordinary people’s sometimes extraordinary efforts to preserve the border between themselves and the rest of the world.

Packed with stories that are funny and sad, familiar and strange, Islands of Privacy tours the myriad arenas where privacy battles are fought, lost, and won. Nippert-Eng explores how we manage our secrets, our phone calls and e-mail, the perimeters of our homes, and our interactions with neighbors. She discovers that everybody practices the art of selectively concealing and disclosing information on a daily basis. This important balancing act governs a wide range of behaviors, from deciding whether to give our bosses our cell phone numbers to choosing what we carry in our wallets or purses. Violations of privacy and anxiety about how we grant it to each other also come under Nippert-Eng’s microscope as she crafts a compelling argument that successfully managing privacy is critical for successfully maintaining our relationships with each other and our selves.

Roaming from the beach to the bank and from the bathroom to the bus, Nippert-Eng’s keenly observed and vividly told book gives us the skinny on how we defend our shrinking islands of privacy in the vast ocean of accessibility that surrounds us.

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Islands of Sovereignty
Haitian Migration and the Borders of Empire
Jeffrey S. Kahn
University of Chicago Press, 2018
In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.
 
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Issues and Options for U.S.-Japan Trade Policies
Robert M. Stern, Editor
University of Michigan Press, 2002
Because of the close links between the United States and Japan in trade, foreign direct investment, financial flows, exchange rates, international prices, and government policies, it is important to develop a better understanding of these links and how they may be turned to the advantage of all involved by improvements in the international policy environment. This book deals with the potential for such improvements as part of formal government-to-government negotiations in the multilateral context in the World Trade Organization (WTO), regionally in the Asia-Pacific Economic Cooperation (APEC) forum, and bilaterally with the administration of national trade laws and the negotiation of free trade agreements.
The chapters represent a spectrum of approaches, including theoretical analysis, quantitative measurement, and evaluations of policies and institutions from economic and legal perspectives. The multi-lateral issues cover the analysis of the economic effects of a new WTO negotiating round and the range of issues that are to be addressed there, including reform of Japan's agricultural policies, services liberalization, antidumping, intellectual property rights, and trade and the environment. The regional issues include theoretical and simulation analysis of the benefits of preferential trading arrangements and the policy of open regionalism that is being sought by APEC members. U.S.-Japan bilateral relations are studied by analyzing the major actions and positions taken by the two nations in the context of their national trade laws and policies, how trade policies are implemented, the effects of bilateral trade agreements on the United States and Japan, and the interplay of legal decisions reached in WTO actions with bilateral and unilateral measures undertaken by the two nations.
The book is designed for a broad audience consisting of academic economists, lawyers, policymakers, and students interested in U.S.-Japan international economic relations.
Robert M. Stern is Professor Emeritus of Economics and Public Policy, University of Michigan.
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Issues in Law and Economics
Harold Winter
University of Chicago Press, 2017
Is file-sharing destroying the music industry? Should the courts encourage breach of contract? Does the threat of malpractice lawsuits cause doctors to provide too much medical care? Do judges discriminate when sentencing? With Issues in Law and Economics, Harold Winter takes readers through these and other recent and controversial questions. In an accessible and engaging manner, Winter shows these legal issues can be reexamined through the use of economic analysis. Using real-world cases to highlight issues, Winter offers step-by-step analysis, guiding readers through the identification of the trade-offs involved in each issue and assessing the economic evidence from scholarly research before exploring how this research may be used to guide policy recommendations. The book is divided into four sections, covering the basic practice areas of property, contracts, torts, and crime, with a fifth section devoted to a concise introduction to the topic of behavioral law and economics. Each chapter concludes with a series of thought-provoking discussion questions that provide readers the opportunity to further explore important ideas and concepts.
 
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It's All in the Game
A Nonfoundationalist Account of Law and Adjudication
Allan C. Hutchinson
Duke University Press, 2000
Three questions concerning modern legal thought provide the framework for It’s All in the Game: What should judges do? What do judges do? What can judges do? Contrasting his own answers to traditional responses and moving playfully between debates of high theory, daily practices of appellate judges, and his own enlightening analyses of significant court rulings, Allan C. Hutchinson examines what it means to treat adjudication as an engaged game of rhetorical justification. His resulting argument enables the reader to grasp more fully the practical operation, political determinants, and the transformative possibilities of law and adjudication.
Taking on leading contemporary theories to explore the claim that “law is politics,” Hutchinson delineates a route toward professional, relevant, and responsible—if radical—judicial practices. After discussing the difference between foundationalist, antifoundationalist, and nonfoundationalist legal critiques, he offers a focused, unequivocal, and positive account of the advantages of operating within a nonfoundationalist framework. Although such an approach centralizes the role of rhetoric in law, Hutchinson claims that this does not necessitate a turn away from politics or, more particularly, from a progressive politics. Driving home the political and jurisprudential impact of his critique and of his account of nonfoundationalist alternatives, he urges judges and jurists to engage in law’s language game of politics.
This engaging book will interest linguistic philosophers, legal theorists, law students, attorneys, judges, and jurists of all stripes.

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