Author: Salim Farrar
Publisher: Routledge
ISBN: 1317964217
Category : Law
Languages : en
Pages : 245
Book Description
The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.
Author: Salim Farrar
Publisher: Routledge
ISBN: 1317964217
Category : Law
Languages : en
Pages : 245
Book Description
The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.
Author: Salim Farrar
Publisher: Routledge
ISBN: 1317964225
Category : Law
Languages : en
Pages : 206
Book Description
The book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.
Author: Patrick S. Nash
Publisher: Cambridge University Press
ISBN: 1108638953
Category : Law
Languages : en
Pages :
Book Description
British Islam and English Law presents a novel argument about the nature and place of groups in society. The encounter with Islam has led English law to tread a line between two theoretical models, liberal individualism and multiculturalism, competing for dominance over the law of organised religion. This philosophical rivalry has generated a set of seemingly intractable conflicts between individual and community, religion and state, nation and culture. This book resurrects the long-buried theory of classical pluralism to address and resolve these tensions. Applying this to five understudied institutions that give structure and form to British Islam – banks, charities, schools, elections, clans – it outlines and justifies the reforms that would optimise the relationship between law and religion. Unflinching and unorthodox, this book places law and theory in context, employs innovative methods such as nudge theory and applied history, and provides detailed answers to hard questions about British Islam.
Author: Yong-Shik Lee
Publisher: Routledge
ISBN: 1000520838
Category : Law
Languages : en
Pages : 336
Book Description
The book examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. The book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of ‘development’ is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development.
Author: Shahram Akbarzadeh
Publisher: Routledge
ISBN: 0429757174
Category : Political Science
Languages : en
Pages : 456
Book Description
This updated, second edition of the Handbook of Political Islam covers a range of political actors that use Islam to advance their cause. While they share the ultimate vision of establishing a political system governed by Islam, their tactics and methods can be very different. Capturing this diversity, this volume also sheds light on some of the less-known experiences from South East Asia to North Africa. Drawing on expertise from some of the top scholars in the world, the chapters examine the main issues surrounding political Islam across the world, including: Theoretical foundations of political Islam Historical background Geographical spread of Islamist movements Political strategies adopted by Islamist groups Terrorism Attitudes towards democracy Relations between Muslims and the West in the international sphere Challenges of integration Gender relations Capturing the geographical spread of Islamism and the many manifestations of this political phenomenon make this book a key resource for students and researchers interested in political Islam, Muslim affairs and the Middle East.
Author: Tanja Dreher
Publisher: Routledge
ISBN: 1000372065
Category : Social Science
Languages : en
Pages : 166
Book Description
From resurgent racisms to longstanding Islamophobia, from settler colonial refusals of First Nations voices to border politics and migration debates, ‘free speech’ has been weaponised to target racialized communities and bolster authoritarian rule. Unsettled Voices identifies the severe limitations and the violent consequences of ‘free speech debates’ typical of contemporary cultural politics, and explores the possibilities to combat racism when liberal values underpin emboldened white supremacy. What kind of everyday racially motivated speech is protected by such an interpretation of liberal ideology? How do everyday forms of social expression that vilify and intimidate find shelter through an inflation of the notion of freedom of speech? Furthermore, how do such forms refuse the idea that language can be a performative act from which harm can be derived? Racialized speech has conjured and shaped the subjectivities of multiple intersecting participants, reproducing new and problematic forms of precarity. These vulnerabilities have been experienced from the sound of rubber bullets in the Occupied Palestinian Territories to UK hate speech legislation, to the spontaneous performace of a First Nations war dance on the Australian Rules football pitch. This book identifies the deep limitations and the violent consequences of the longstanding and constantly developing ‘free speech debates’ typical of so many contexts in the West, and explores the possibilities to combat racism when liberal values are ‘weaponized’ to target racialized communities. This book was originally published as a special issue of Continuum: Journal of Media & Cultural Studies.
Author: Robin Griffith-Jones
Publisher: Cambridge University Press
ISBN: 1107355044
Category : Religion
Languages : en
Pages :
Book Description
Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of Islam, shari'a and jihad and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.
Author: Lisbet Christoffersen
Publisher: Routledge
ISBN: 1317055659
Category : Law
Languages : en
Pages : 303
Book Description
This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari’a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari’a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.
Author: Andrea Pin
Publisher: Routledge
ISBN: 1134807759
Category : Political Science
Languages : en
Pages : 176
Book Description
Islam is a growing presence practically everywhere in Europe. In Italy, however, Islam has met a unique model of state neutrality, religious freedom and church and state collaboration. This book gives a detailed description of the legal treatment of Muslims in Italy, contrasting it with other European states and jurisprudence, and with wider global tendencies that characterize the treatment of Islam. Through focusing on a series of case studies, the author argues that the relationship between church and state in Italy, and more broadly in Europe, should be reconsidered both to secure religious freedom and general welfare. Working on the concepts of religious freedom, state neutrality, and relationship between church and state, Andrea Pin develops a theoretical framework that combines the state level with the supranational level in the form of the European Convention of Human Rights, which ultimately shapes a unitary but flexible understanding of pluralism. This approach should better accommodate not just Muslims' needs, but religious needs in general in Italy and elsewhere.
Author: Kathryn O'Sullivan
Publisher: BRILL
ISBN: 9004398252
Category : Law
Languages : en
Pages : 264
Book Description
Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular.
