Islamic Law

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

By Robin Griffith-Jones
Cambridge University Press April 2013

Specifications

ISBN-13
9781107639874
Publisher
Cambridge University Press
Publication
April 2013
Format
Paperback , 331 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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.

• Features contributions from a global cast of lawyers, sociologists and theologians, for a truly interdisciplinary approach towards the topic

• Focuses on practic

Table of Contents

List of contributors
viii
List of abbreviations
x
Preface
Robin Griffith-Jones
xiii
Introduction
Stephen Hockman
1
Part I    The Archbishop of Canterbury and shariʽa law
7
1         The ‘unavoidable’ adoption of shariʽa law – the generation of a media storm
Robin Griffith-Jones
9
2         Civil and religious law in England: a religious perspective
Rowan Williams
20
Part II   The Archbishop’s proposal for ‘transformative accommodation’
35
Shariʽa and secular democracy: is Islamic law compatible with the European Convention on Human Rights?
37
3         The Refah case at the European Court of Human Rights
Nicolas Bratza
38
4         The compatibility of an Islamic/shariʽa law system or shariʽa rules with the European Convention on Human Rights
Dominic McGoldrick
42
5         An analysis of the relationship between shariʽa and secular democracy and the compatibility of Islamic law with the European Convention on Human Rights
Mashood A Baderin
72
6         Dignity and religion
Christopher McCrudden
94
Legal pluralism: should English law give greater recognition to Islamic law?
107
7         Family law: current conflicts and their resolution
Elizabeth Butler-Sloss and Mark Hill
108
8         Islamic finance, alternative dispute resolution and family law: developments towards legal pluralism?
Ian Edge
116
9         Judging Muslims
Prakash Shah
144
10        From Muslim migrants to Muslim citizens
Shaheen Sardar Ali
157
11        Ontario’s ‘shariʽa court’: law and politics intertwined
Marion Boyd
176
Accommodation or conflict: trajectories in the United Kingdom
187
12        Religious rights and the public interest
Robin Griffith-Jones
188
Part III  Responsibilities and rights
205
Freedom of speech, incitement to religious hatred: beyond the divide?
207
13        Where to draw the line, and how to draw it
Sydney Kentridge
208
14        Censor or censure: maintaining civility
Tariq Modood
216
15        In praise of ‘fuzzy law’
Albie Sachs
225
Religion, the state and the meaning of ‘jihad
237
16        Towards an Islamic society, not an Islamic state
Abdullahi An-Naʽim
238
17        Following shariʽa in the West
Tariq Ramadan
245
18        Violence, personal commitment and democracy
Khaled Abou El Fadl
256
Part IV   Prospect: equality before God and before the law
273
19        Equal before God
David F Ford
275
20        Equal before the law
Nicholas Phillips
286
Select bibliography
294
Index of cases
306
Index
311

About the Author

Robin Griffith-Jones
The Temple Church, London

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