Good and bad Sharia : Australia's mixed response to Islamic law

Reflecting on the legal consequences of globalisation in the 21st century, Twining predicted that societies in the West would have to 'wrestle with the extent to which the state should recognise, make concessions to, or even enforce norms and values embedded in different religions, cultures or traditions'. This is borne out as the direction across the common law world moves towards entrenching legal pluralism. The concessions each nation has made to minorities with different religions, cultures and traditions have varied. The special character of Islam, as a comprehensive blueprint for life in which law and religion unite, has meant that the negotiations for a special place for Muslims within each common law jurisdiction has been at the forefront of new legal ordering possibilities. This is the crux of the pluralism debate. Cautiously, Australians have watched the, at times histrionic, discourse in Canada and Great Britain on official recognition for Islamic law.

Islamic law and international law: the terms of a relationship

The relationship between Islamic Law and other legal systems (basically western type domestic legal orders and international law) is often thought of in terms of compatibility or incompatibility. Concerning certain subject matters of choice, the compatibility of Islamic (legal) principles with the values embedded in legal systems that are regarded as characteristic of the Modern Age is tested by sets of questions: is democracy possible in Islam? Does Islam recognize human rights and are those rights equivalent to a more universal conception? Does Islam recognize or condone more extreme acts of violence and does it justify violence differently? Etc. Such questions and many more presuppose the existence of an ensemble of rules or principles which, as any other set of rules and principles, purport to regulate social behavior. This ensemble is generically referred to as Islamic Law. However, one set of questions is usually left unanswered: is Islamic Law a legal system? If it is a legal system, what are its specific characteristics? How does it work? Where does it apply? It is this paper`s argument that the relationship between Islamic Law and domestic and international law can only be understood if looked upon as a relationship between distinct legal systems or legal orders.

Islamic law in the modern world.

Incldes bibliography.

Khulāṣah-ʼi qavānīn kih az ḥuz̤ūr-i gūrnar Janral Bahādur nisbat bih ṣawbahʹjāt-i Bankālah va Bihār Awrīsah dar bāb-i har ṭūr-i maḥṣūl va tijārat

Translation into Persian.

The “Iranian ART Revolution”: infertility, assisted reproductive technology, and third-party donation in the Islamic Republic of Iran

Infertility is a social onus for women in Iran, who are expected to produce children early within marriage. With its estimated 1.5 million infertile couples, Iran is the only Muslim country in which assisted reproductive technologies (ARTs) using donor gametes and embryos have been legitimized by religious authorities and passed into law. Th is has placed Iran, a Shia-dominant country, in a unique position vis-à-vis the Sunni Islamic world, where all forms of gamete donation are strictly prohibited. In this article, we first examine the “Iranian ART revolution” that has allowed donor technologies to be admitted as a form of assisted reproduction. Then we examine the response of Iranian women to their infertility and the profound social pressures they face. We argue that the experience of infertility and its treatment are mediated by women’s socioeconomic position within Iranian society. Many women lack economic access to in vitro fertilization (IVF) technologies and fear the moral consequences of gamete donation. Thus, the benefits of the Iranian ART revolution are mixed: although many Iranian women have been able to overcome their infertility through ARTs, not all women’s lives are improved by these technologies.

Cultural considerations in will-making in Australia: A case study of Islamic or Sharia-compliant wills

This article explores the influence of cultural and religious beliefs and laws on how individuals make decisions about asset distribution through wills, drawing on a case study of Islamic will makers. Findings highlight diversity in beliefs and practices within Australian Islamic communities. When drafting a will people from culturally diverse backgrounds need to accommodate their religious and cultural values and local law. Implications of research findings for legal policy and practice in Australia are discussed.

La dimensión transnacional del movimiento feminista marroquí: génesis, desarrollo e impacto social (1980-2008)

Esta monografía busca explicar cómo han incidido el contexto internacional y las relaciones transnacionales en el movimiento feminista de Marruecos. De este modo, este estudio defiende que las Conferencias Mundiales sobre la Mujer de la ONU crearon una estructura de oportunidad política que favoreció el surgimiento y el desarrollo de este movimiento. Asimismo, dicho contexto construyó un espacio para que las activistas feministas marroquíes crearan y se insertaran en Redes de Defensa Transnacional, las cuales contribuyeron a cambiar la condición de la mujer en Marruecos, a través de reformas a los Códigos de Familia y Nacionalidad y el levantamiento de las reservas a la CEDAW. Para esto se hará un estudio interdisciplinario haciendo uso de la teoría de los movimientos sociales y del activismo transnacional. Igualmente, se utilizará una metodología cualitativa, principalmente a través de las herramientas del análisis de contenido y el trabajo de campo de la autora.

MA TEFL programmes in Iran: change in a globalised era

This chapter is a modest attempt to investigate how MA TEFL programmes in Iran are changing in a globalised world. Our previous research in this area (Hasrati & Tavakoli, in print; Tavakoli & Hasrati, in preparation) has shown how MAs in English Language Teaching programmes are developing in Anglophone countries, but little or no research has been conducted to study changes in MA TEFL programmes in Iran. In what follows, we will first introduce MA TEFL programmes in Iran, before presenting and discussing different definitions of globalisation. We will then explain how we collected the data for this study and report our findings, making comparisons with the other contexts when appropriate. We will conclude by elaborating on possible extensions of this study in similar contexts.

The Nanggroe Aceh Darussalam law : a serious response to Acehnese separatism?

The passing of Law No. 18 of 2001 on 'Special Autonomy for the Province of Aceh Special Region as the Province of Nanggroe Aceh Darussalam' signified a major development in the Indonesian government's strategy to resolve Aceh's protracted conflict. Ratified by President Megawati Sukarnoputri on 9 August 2001, the 'NAD law' conferred unprecedented authority to Aceh over its internal affairs. This paper evaluates the challenges that have been involved in implementing the three main tenets of the legislation — aspects of Syari'ah (Islamic law), the return of Aceh's natural resource revenue and a provision to hold direct local elections. The paper argues that the Megawati administration's failure to redress Acehnese grievances through special autonomy largely stems from its suspicion of the NAD law itself, its greater reliance on militaristic measures than on political policies in Aceh, and pre-existing systemic factors such as Aceh's dysfunctional state infrastructure, corrupt political culture and war economy.