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Book Cover
E-book
Author Clarke, Morgan, 1972- author.

Title Islam and law in Lebanon : Sharia within and without the state / Morgan Clarke, University of Oxford
Published Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2018

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Description 1 online resource
Contents Cover; Half-title; Title page; Copyright information; Dedication; Table of contents; List of Tables; Acknowledgements; Note on Transliteration; Introduction; Understanding the Sharia; Anthropological Approaches; The Lebanese Context; The Fieldwork; The Political Situation; The Structure of This Book; Part I Contextualising Sharia Discourse in Lebanon; 1 Court, Community and State: A Legal Genealogy; From Ottoman Origins to the French Mandate; Post-Independence Consolidation; Conclusion; 2 The Consequences for Civility; Mixed Marriages; Resistance: Marriage Abroad; Personal Status Law Reform
Working within the SystemConclusion; 3 Becoming a Shaykh; Portrait of the Shaykh as a Young Man; Learning; Sunna; 4 Lessons in the Mosque; A Typical Lesson; Legal Discourse; Real Shaykhs; Conclusion; Part II Sharia within the State; 5 Introducing the Sharia Courts; Into the Courts; Shaykhs as Judges; Lawyers and Civility; The Vulnerability of Authority; 6 Marriage before God and the State; Marriage before the Shaykh; Katab al-Kitab; Performing the Contract; Conclusion; 7 Bringing a Case; Marital Disputes as Legal Processes; Legal Form and Dynamics; Paperwork and Procedure
Notification (Tabligh)Sessions; Building a File; 8 Rulings and Reconciliation; Tafriq li-l-Shiqaq wa-l-Niza'; Arbitration (Tahkim); Judgements and Agreed Settlements; Hard Cases and Boring Cases; Reconciliation and Agreed Settlements (Sulh); Conclusion; 9 The Judge as Tragic Hero; Judicial Styles; 1 'Humanity'; 2 Efficiency and Legalism; 3 Strategies of Accommodation; 'If Only There Were an Islamic State'; Conclusion; 10 The Wider World of the Sharia; Divorce, Again; The Wider Fabric of Authority; 11 Reform and Rebellion; The Reformist; The Rebel; Conclusion; Part III Sharia outside the State
12 Becoming an AyatollahA Multi-Faceted Career; The Marja'iyya; Keeping up with the Times; Justifying Authority; 'Every Marja' Is a Rose, Each with Their Own Perfume'; 13 Making Law from the Bottom Up; Istifta'at: Answering People's Needs; Making Law from the Bottom Up; The Age of Religious Majority; Conclusion; 14 The Limits of Authority; Fadlallah's Judicial Office; Talaq al-Hakim; The Ayatollah Spurned; The Intimacy of Authority; Talaq al-Hakim Revisited; Conclusion; Conclusion; Bibliography; Arabic Sources; European Language Sources; Index
Summary "The modern state of Lebanon, created after the fall of the Ottoman Empire, is home to eighteen officially recognised different religious communities (or sects). Crucially, political office and representation came to be formally shared along confessional lines, and the privileges of power are distributed accordingly. One such key prerogative is exclusivity when it comes to personal status laws: the family legal affairs of each community. In this book, Morgan Clarke offers an authoritative and dynamic account of how the sharia is invoked both with Lebanon's state legal system, as Muslim family law, and outside it, as a framework for an Islamic life and society. By bringing together an in-depth analysis of Lebanon's state-sponsored sharia courts with a look at the wider world of religious instruction, this book highlights the breadth of the sharia and the complexity of the contexts within which it is embedded"-- Provided by publisher
"The modern state of Lebanon, created after the fall of the Ottoman Empire, is home to eighteen officially recognised different religious communities (or sects). Crucially, political office and representation came to be formally shared along confessional lines, and the privileges of power are distributed accordingly. One such key prerogative is exclusivity when it comes to personal status laws: the family legal affairs of each community. In this book, Morgan Clarke offers an authoritative and dynamic account of how the sharia is invoked both with Lebanon's state legal system, as Muslim family law, and outside of it, as a framework for an Islamic life and society. By bringing together an in-depth analysis of Lebanon's state-sponsored sharia courts with a look at the wider world of religious instruction, this book highlights the breadth of the sharia and the complexity of the contexts within which it is embedded"-- Provided by publisher
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Law -- Lebanon -- Islamic influences
Islamic law -- Lebanon
POLITICAL SCIENCE -- Government -- International.
LAW -- Administrative Law & Regulatory Practice.
Islamic law
Law -- Islamic influences
Lebanon
Form Electronic book
ISBN 9781316953075
1316953076
9781316888957
1316888959