Anonymous, 9 Sep 2010
Research on Middle East, Islam and digital media
keyword: Islamic law
 
Beltrametti, Silvia, The Legality of Intellectual Property Rights under Islamic Law. The Prague Yearbook of Comparative Law 2009. Mach, T. et al. (Eds). Prague, 2010 abstract full text PDF

New Publication: The Muslim World and the Internet

The new issue of the Orient journal focuses on the Muslim world and the Internet, and contains different perspectives on issues related to political discourse, political activism and media-mediated authority in Islam. The journal, published by the Deutsche Orient-Stiftung and the Deutsches Orient-Institut, is available online.

The Legality of Intellectual Property Rights under Islamic Law

Intellectual property rights are not regulated by Islamic law and jurisprudence per se. The issue is whether the principles of Islamic law can be constructed in a way to provide support for such protection. This paper assesses the extent to which Islamic law and its sophisticated tools have an impact on the protection of intellectual property. First it presents Sharī’a’s main sources; the Qur’an, the Sunna, Ijma and Qiyas and explains how many principles derived therefrom can accommodate intellectual property protection. The following section examines the dynamics of interpretation of Islamic law over history and explores the impact that Sharī’a has on the enactment of legislation of modern governments. The concluding section briefly considers some tensions between the Western and the Islamic view on intellectual property and the role of economics within Islamic law and society. The arguments presented in this paper reveal that a Sharī’a based system is flexible and adaptable and that this flexibility is to be used in order to face economic reality.

Dialogue and Law as Tools of Muslim Integration into European Societies

This conference aims at analysing and conceptualising the current trends in policies and debates on Muslims in Europeby by exploring various sites and modalities through which the injunction made to “Muslims” to integrate is made effective, including - where possible - the range of Muslim responses to these injunctions. We assume that the emphasis on “integration”, so ubiquitous these days, reveals different yet possibly complementary strategies of normalization and securitization. We are interested in exploring the kinds of subjectivities that the relevant policies and debates may produce in the intersections between state, civil society and individuals. In this conference we will focus in particular on two areas: dialogue in its conceptual and empirical dimensions, and contestations around the law.

Islamopedia On-line

Islamopedia is a collection of rulings and religious opinions addressing the most debated topics of Islamic tradition today: gender, sexuality, non-Muslims, violence, secularism. In the near future, it will present scholarly analysis of and commentary on these rulings and opinions.

New Book: Legal Practice and Cultural Diversity

Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them.

European Courts’ Authority Contested? The Case of Marriage and Divorce Fatwas On-line

This article explores Islamic websites providing normative content for European Muslim minorities. It focuses on four distinct Sunni websites and analyzes their fatwas, i.e. legal and religious recommendations issued in matters related to family law. Drawing from a broader research of more than 450 fatwas, this article presents the various ways, in which Muslim authorities associated with these sites deal with the conflicting areas between Islamic law and European legal systems. Essentially, it argues that the Internet and information and communication technology create new public spheres where different, and oftentimes conflicting, concepts of coexistence between Islam and the State are negotiated. Moreover this article demonstrates how these concepts are later incorporated into existing legal frameworks through the institutions of arbitration and marriage contracts. At the same time it explores the underlying rationale behind the fatwa-issuing websites, which emphasize the role of the individual and promote voluntarily adherence to Islamic law. On a more general level, this article aims to provide case studies on how technology redefines the politics of religious authority.
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