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Accommodating Muslims under Common Law

Accommodating Muslims under Common Law PDF Author: Salim Farrar
Publisher: Routledge
ISBN: 1317964217
Category : Law
Languages : en
Pages : 206

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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.

Accommodating Muslims under Common Law

Accommodating Muslims under Common Law PDF Author: Salim Farrar
Publisher: Routledge
ISBN: 1317964217
Category : Law
Languages : en
Pages : 206

View

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.

Accommodating Muslims under Common Law

Accommodating Muslims under Common Law PDF Author: Salim Farrar
Publisher: Routledge
ISBN: 1317964225
Category : Law
Languages : en
Pages : 206

View

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.

Law, Religion and the Challenge of Accommodation

Law, Religion and the Challenge of Accommodation PDF Author: Salim Farrar
Publisher:
ISBN:
Category :
Languages : en
Pages : 10

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Book Description
The article below is the introductory chapter to our book 'Accommodating Muslims under Common Law: a Comparative Analysis', recently published by Routledge Press. It introduces the topic of our book, notably the presence of Muslims in predominantly non-Muslim Common Law States and how those States have responded and ought to respond in the post 9/11 context. Specifically, the book looks at Muslims in a multicultural context as well as the accommodation of Shari'ah Law across Western Common Law legal traditions. This includes a discussion of the role of the judiciary and a discussion of where boundaries might be drawn for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith.

British Islam and English Law

British Islam and English Law PDF Author: Patrick S. Nash
Publisher: Cambridge University Press
ISBN: 1108638953
Category : Law
Languages : en
Pages :

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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.

Law and Development

Law and Development PDF Author: Yong-Shik Lee
Publisher: Routledge
ISBN: 1351368087
Category : Business & Economics
Languages : en
Pages : 198

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Book Description
The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."

Routledge Handbook of Political Islam

Routledge Handbook of Political Islam PDF Author: Shahram Akbarzadeh
Publisher: Routledge
ISBN: 0429757174
Category : Political Science
Languages : en
Pages : 456

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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.

Unsettled Voices

Unsettled Voices PDF Author: Tanja Dreher
Publisher: Routledge
ISBN: 1000372065
Category : Social Science
Languages : en
Pages : 166

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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.

International Law and Muslim States

International Law and Muslim States PDF Author: Dawood Adesola Hamzah
Publisher:
ISBN: 9780367679194
Category : Conflict of laws
Languages : en
Pages : 288

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Book Description
"This book analyses the general interaction between international law and Islamic law in the Muslim world today. It engages and interrogates literalist and conservative interpretations of Islamic law which often form the root of the tensions with international law. The work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur'an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations is faced with the imperative of adopting a liberal approach to interpretation of Islamic law with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-à-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic Law, International and Comparative Law, Human Rights Law and Law and Religion"--

Islam And The Cultural Accommodation Of Social Change

Islam And The Cultural Accommodation Of Social Change PDF Author: Bassam Tibi
Publisher: Westview Press
ISBN:
Category : History
Languages : en
Pages : 296

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Book Description


Shari‘a As Discourse

Shari‘a As Discourse PDF Author: Lisbet Christoffersen
Publisher: Routledge
ISBN: 1317055667
Category : Law
Languages : en
Pages : 284

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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.