Such is the case, from West to East, for Morocco, Egypt, and Indonesia. more Most Muslim-majority countries have family laws presenting themselves as the codified translations of the provisions of one of the many Islamic doctrinal schools. Most Muslim-majority countries have family laws presenting themselves as the codified translation. Despite important differences, the cases exhibit striking similarities in the ways in which judges bypass gaps and silences in legislation via the selection of alternate rules that prove efficient in sanctioning morally associated aspects of the accused persons’ allegedly deviant behavior. It observes in these cases how judges proceeded in situations in which there was no or only elusive rules to ground their rulings. In each of them, it analyzes cases that attracted much public and media attention. These countries offer in many respects an excellent basis for the comparative inquiry into the morality of legal cognition – Muslim-majority societies, public condemnations of homosexuality, civil-law inspired legal systems, sensitiveness to international discourse on the state of law, and human rights. The chapter examines how this unfolds in the concrete settings of four countries – Indonesia, Lebanon, Egypt, and Senegal – in cases related to male homosexuality. However, on the other hand, moral considerations seem to influence deeply the same judges’ legal cognition.
#Resensi buku islam radio rodja professional
In that sense, judges are positivist legal practitioners who need legal rules to perform their professional duties.
It appears that, on the one hand, even in cases in which the legal basis is thin or absent, judges are looking for rules on which to ground their decisions. The authors wonder how judges play by the rules when the law is silent.
more This chapter describes the search for legal grounds in cases of homosexuality in a comparative perspective (Senegal, Egypt, Lebanon, and Indonesia). This chapter describes the search for legal grounds in cases of homosexuality in a comparative pe.
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