Islam and the Liberal State

Islam and the Liberal State

Author: Stephen H. Jones

Publisher: Bloomsbury Publishing

Published: 2020-11-26

Total Pages: 257

ISBN-13: 1838605878

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National identity and liberal democracy are recurrent themes in debates about Muslim minorities in the West. Britain is no exception, with politicians responding to claims about Muslims' lack of integration by mandating the promotion of 'fundamental British values' including 'democracy' and 'individual liberty'. This book engages with both these themes, addressing the lack of understanding about the character of British Islam and its relationship to the liberal state. It charts a gradual but decisive shift in British institutions concerned with Islamic education, Islamic law and Muslim representation since Muslims settled in the UK in large numbers in the 1950s. Based on empirical research including interviews undertaken over a ten-year period with Muslims, and analysis of public events organized by Islamic institutions, Stephen Jones challenges claims about the isolation of British Islamic organizations and shows that they have decisively shaped themselves around British public and institutional norms. He argues that this amounts to the building of a distinctive 'British Islam'. Using this narrative, the book makes the case for a variety of liberalism that is open to the expression of religious arguments in public and to associations between religious groups and the state. It also offers a powerful challenge to claims about the insularity of British Islamic institutions by showing how the national orientation of Islam called for by British policymakers is, in fact, already happening.


Modern Challenges to Islamic Law

Modern Challenges to Islamic Law

Author: Shaheen Sardar Ali

Publisher: Cambridge University Press

Published: 2016-10-06

Total Pages: 329

ISBN-13: 1107033381

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This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.


Everyday Islamic Law and the Making of Modern South Asia

Everyday Islamic Law and the Making of Modern South Asia

Author: Elizabeth Lhost

Publisher: UNC Press Books

Published: 2022-05-10

Total Pages: 377

ISBN-13: 1469668130

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Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.


Islam and English Law

Islam and English Law

Author: Robin Griffith-Jones

Publisher: Cambridge University Press

Published: 2013-04-11

Total Pages: 333

ISBN-13: 1107355044

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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.


Islam and Public Controversy in Europe

Islam and Public Controversy in Europe

Author: Nilüfer Göle

Publisher: Routledge

Published: 2016-05-06

Total Pages: 286

ISBN-13: 1317112547

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The public visibility of Islam is becoming increasingly controversial throughout European countries. With case studies drawn from France, Germany, Italy, Spain and the UK, this book examines a range of public issues, including mosque construction, ritual slaughter, Sharia councils and burqa bans, addressing the question of ’Islamic difference’ in public life outside the confines of established normative discourses that privilege freedom of religion, minority rights or multiculturalism. Acknowledging the creative role of dissent, it explores the manner in which public controversies unsettle the religious-secular divide and reshape European norms in the domains of aesthetics, individual freedom, animal rights and law. Developing an innovative conceptual framework and elaborating the notion of controversy as a methodological tool, Islam and Public Controversy in Europe draws our attention to the processes of interaction, confrontation and mutual transformation, thereby opening up a new horizon for rethinking difference and pluralism in Europe. As such, it will appeal to scholars across the social sciences with interests in religion, integration, cultural difference and the public sphere.


An Introduction to Islamic Law

An Introduction to Islamic Law

Author: Wael B. Hallaq

Publisher: Cambridge University Press

Published: 2009-07-09

Total Pages: 209

ISBN-13: 1139489305

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The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.


A New Anthropology of Islam

A New Anthropology of Islam

Author: John R. Bowen

Publisher: Cambridge University Press

Published: 2012-08-02

Total Pages: 266

ISBN-13: 1139536125

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In this powerful, but accessible new study, John Bowen draws on a full range of work in social anthropology to present Islam in ways that emphasise its constitutive practices, from praying and learning to judging and political organising. Starting at the heart of Islam - revelation and learning in Arabic lands - Bowen shows how Muslims have adapted Islamic texts and traditions to ideas and conditions in the societies in which they live. Returning to key case studies in Asia, Africa and Western Europe, to explore each major domain of Islamic religious and social life, Bowen also considers the theoretical advances in social anthropology that have come out of the study of Islam. A New Anthropology of Islam is essential reading for all those interested in the study of Islam and for those following new developments in the discipline of anthropology.


The Asian Yearbook of Human Rights and Humanitarian Law

The Asian Yearbook of Human Rights and Humanitarian Law

Author: Javaid Rehman

Publisher: BRILL

Published: 2021-08-09

Total Pages: 489

ISBN-13: 9004466185

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The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.


Rethinking Muslim Personal Law

Rethinking Muslim Personal Law

Author: Hilal Ahmed

Publisher: Taylor & Francis

Published: 2022-04-28

Total Pages: 191

ISBN-13: 1000573192

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This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women’s equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.


On British Islam

On British Islam

Author: John R. Bowen

Publisher: Princeton University Press

Published: 2016-03-15

Total Pages: 288

ISBN-13: 0691158541

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On British Islam examines the history and everyday workings of Islamic institutions in Britain, with a focus on shariʿa councils. These councils concern themselves with religious matters, especially divorce. They have a higher profile in Britain than in other Western nations. Why? Taking a historical and ethnographic look at British Islam, John Bowen examines how Muslims have created distinctive religious institutions in Britain and how shariʿa councils interpret and apply Islamic law in a secular British context. Bowen focuses on three specific shariʿa councils: the oldest and most developed, in London; a Midlands community led by a Sufi saint and barrister; and a Birmingham-based council in which women play a leading role. Bowen shows that each of these councils represents a prolonged, unique experiment in meeting Muslims' needs in a Western country. He also discusses how the councils have become a flash point in British public debates even as they adapt to the English legal environment. On British Islam highlights British Muslims' efforts to create institutions that make sense in both Islamic and British terms. This balancing act is rarely acknowledged in Britain—or elsewhere—but it is urgent that we understand it if we are to build new ways of living together.