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Islam and English Law

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

Author: Robin Griffith-Jones
Publisher: Cambridge University Press
ISBN: 9781107639874
Published In: April 2013
Format: Paperback , 331 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

• Focuses on practic

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