Accommodating Muslims Under Common Law

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Accommodating Muslims under Common Law : A Comparative Analysis

Law

Author - Salim Farrar, Ghena Krayem
Publisher - Routledge
Pages - 214
ISBN - 1317964217


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Detail - 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 and Development : Theory and Practice

Business & Economics

Author - Yong-Shik Lee
Publisher - Routledge
Pages - 198
ISBN - 1351368087


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Detail - 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."

Islam and English Law : Rights, Responsibilities and the Place of Shari'a

Religion

Author - Robin Griffith-Jones
Publisher - Cambridge University Press
Pages -
ISBN - 1107355044


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Detail - 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.

Corporations and Society :

SOCIAL SCIENCE

Author - M. G. Smith
Publisher - Transaction Publishers
Pages -
ISBN - 0202365182


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Muslims and Global Justice :

Political Science

Author - Abdullahi Ahmed An-Na'im
Publisher - University of Pennsylvania Press
Pages - 384
ISBN - 0812204336


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Detail - Over the course of his distinguished career, legal scholar Abdullahi Ahmed An-Na'im has sought to reconcile his identity as a Muslim with his commitment to universal human rights. In Muslims and Global Justice, he advances the theme of global justice from an Islamic perspective, critically examining the role that Muslims must play in the development of a pragmatic, rights-based framework for justice. An-Na'im opens this collection of essays with a chapter on Islamic ambivalence toward political violence, showing how Muslims began grappling with this problem long before the 9/11 attacks. Other essays highlight the need to improve the cultural legitimacy of human rights in the Muslim world. As An-Na'im argues, in order for a commitment to human rights to become truly universal, we must learn to accommodate a range of different reasons for belief in those rights. In addition, the author contends, building an effective human rights framework for global justice requires that we move toward a people-centered approach to rights. Such an approach would value foremost empowering local actors as a way of negotiating the paradox of a human rights system that relies on self-regulation by the state. Encompassing over two decades of An-Na'im's work on these critical issues, Muslims and Global Justice provides a valuable theoretical approach to the challenge of realizing global justice in a world of profound religious and cultural difference.

Gender and Community : Muslim Women's Rights in India

Law

Author - Vrinda Narain
Publisher - University of Toronto Press
Pages - 202
ISBN - 9780802048691


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Detail - These issues are significant not only for Muslim women in India, but also in the broader context of the accommodation of cultural diversity in pluralist democracies."--BOOK JACKET.

Islamic Law and International Human Rights Law :

Law

Author - Anver M. Emon, Mark Ellis, Benjamin Glahn
Publisher - OUP Oxford
Pages - 416
ISBN - 0191645699


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Detail - The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

Law, society, and the state : essays in modern legal history

Law

Author - Louis A. Knafla, Susan Wendy Strickland Binnie
Publisher - Univ of Toronto Pr
Pages - 558
ISBN - 9780802005359


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Muslim Women and Shari'ah Councils : Transcending the Boundaries of Community and Law

Political Science

Author - S. Bano
Publisher - Springer
Pages - 329
ISBN - 1137283858


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Detail - Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

Managing Family Justice in Diverse Societies :

Law

Author - Mavis Maclean, John Eekelaar
Publisher - Bloomsbury Publishing
Pages - 326
ISBN - 1782250778


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Detail - The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.

A Field of One's Own : Gender and Land Rights in South Asia

Business & Economics

Author - Bina Agarwal
Publisher - Cambridge University Press
Pages - 572
ISBN - 9780521429269


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Detail - An analysis of gender and property throughout South Asia which argues that the most important economic factor affecting women is the gender gap in command over property.

Cruel and Usual Punishment : The Terrifying Global Implications of Islamic Law

Political Science

Author - Nonie Darwish
Publisher - Thomas Nelson
Pages - 304
ISBN - 1418572063


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Detail - Nonie Darwish lived for thirty years in a majority Muslim nation. Everything about her life?family, sexuality, hygiene, business, banking, contracts, economics, politics, social issues, everything?was dictated by the Islamic law code known as Sharia. But Sharia isn't staying in majority Muslim nations. Darwish now lives in the West and brings a warning; the goal of radical Islam is to bring Sharia law to your country. If that happens, the fabric of Western law and liberty will be ripped in two. Under Sharia law: A woman can be beaten for talking to men who are not her relatives and flogged for not wearing a headdress Daughters, sisters, and wives can be legally killed by the men in their family Non-Muslims can be beheaded, and their Muslim killers will not receive the death penalty Certain kinds of child molestation are allowed The husband of a "rebellious" wife can deny her medical care or place her under house arrest Think it can't happen? In 2008, England?once the seat of Western liberty and now the home of many Muslim immigrants?declared that Sharia courts in Britain have the force of law. When Muslim populations reach as little as 1 or 2 percent, says Darwish, they begin making demands of the larger community, such as foot-level faucets for washing before praying in public schools, businesses, and airports. "Airports in Kansas City, Phoenix, and Indianapolis are among those who have already installed foot baths for Muslim cab drivers," writes Darwish. These demands test how far Westerners will go in accommodating the Muslim minority. How far will they push? The Organization of the Islamic Conference works to Islamize international human rights laws and apply Sharia "standards" for blasphemy to all nations. The penalty for blasphemy? Death. Weaving personal experience together with extensive documentation and research, Darwish exposes the facts and reveals the global threat posed by Sharia law. Anyone concerned about Western rights and liberties ignores her warning and analysis at their peril.