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E-raamat: Islamic State as a Legal Order: To Have No Law but Islam, between Sharia and Globalization [Taylor & Francis e-raamat]

  • Formaat: 212 pages
  • Ilmumisaeg: 05-Apr-2022
  • Kirjastus: Routledge
  • ISBN-13: 9781003262916
  • Taylor & Francis e-raamat
  • Hind: 147,72 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Tavahind: 211,02 €
  • Säästad 30%
  • Formaat: 212 pages
  • Ilmumisaeg: 05-Apr-2022
  • Kirjastus: Routledge
  • ISBN-13: 9781003262916
"This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS' dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzesISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS' possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS' own legal awareness, based on the group's literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies"--

This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. It will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.

Introduction: ISIS as the expression of a legal order 1(10)
1 About ISIS
11(12)
1 Denominations
11(1)
2 A brief historical survey
12(4)
3 Ideology and beliefs
16(3)
4 ISIS as Islamic fundamentalism
19(4)
2 About shari'a
23(15)
1 Preliminary remarks and possible definitions
23(3)
2 Shari'a as law of the jurists
26(3)
3 Law and shari'a, and law and qanun
29(2)
4 Shari'a today
31(7)
3 Shari'a and ISIS
38(20)
1 The centrality of a legal dimension
38(4)
2 A teleological perspective
42(5)
3 Which kind of shari'a?
47(6)
4 Three characteristics of ISIS' shari'a
53(5)
4 No law but Islam: A theory of exclusivity
58(17)
1 ISIS, manmade law and a theory of exclusivity
58(9)
2 Rejecting complementarity: a corollary to a theory of exclusivity
67(8)
5 No single rule left out: Integrally shari'a
75(22)
1 The dimension of integrality
75(4)
2 The imposition of the jizyah
79(5)
3 The implementation of the hudud
84(5)
4 The doctrine of hisbah
89(8)
6 Voting on God's will: Immediateness and mediation
97(16)
1 Shari'a and codification
97(5)
2 The question of democracy: a corollary
102(5)
3 Moving beyond Utopia: establishing a juridical apparatus
107(6)
7 Striving on the straight path: Jihad for ISIS
113(18)
1 Jihad in Islam
113(3)
2 ISIS and an inclusive theory of jihad
116(4)
3 ISIS' jihad as a military concept
120(3)
4 ISIS' jihad as a mandatory concept
123(8)
8 A new land of Islam: Reestablishing the caliphate
131(27)
1 The khilafah in Islam
131(6)
2 ISIS' theory of the khilafah
137(7)
3 Islamic criticism over ISIS' theory of the khilafah
144(3)
4 ISIS between statehood and khilafah
147(11)
9 Reinventing spatiality: A return to universalism
158(29)
1 Rethinking the ummah in a global space
158(6)
2 ISIS' ummah and the question of nationalism
164(7)
3 The bay' ah as a global network
171(7)
4 A caliphate between cyberspace and universalism
178(9)
Conclusion: ISIS between shari'a and globalization 187(7)
Bibliography 194(16)
Index 210
Federico Lorenzo Ramaioli is an Italian diplomat and lawyer, presently serving as Deputy Head of Mission of the Embassy of the Italian Republic in Doha (Qatar). He already served as Consul of the Italian Republic in Freiburg (Germany). Previously, he cooperated for three years with the Catholic University of the Sacred Heart of Milan in the fields of philosophy of law and legal methodology. His main publications include monographs and articles in academic journals, mainly dealing with the legal and philosophical perspectives of the Far East and the Muslim world.