Legal Pluralism in Muslim Contexts

Author: Norbert Oberauer; Yvonne Prief; Ulrike Qubaja
Publisher: Brill Academic Publishers
ISBN: 9789004398214
Published In: June 2019
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions.

Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.

Introduction, Norbert Oberauer

Muslim legal practice in the United Kingdom: the Muslim Arbitration Tribunal, Yvonne Prief

Unregistered Muslim marriages in the United Kingdom, Vishal Vora

Muslims of Greece: a legal paradox and a political failure, Konstantinos Tsitselikis

Islamic law as indigenous law: sharı̄ʿa courts in Israel from a postcolonial perspective, Ido Shahar

Nation building, Islamic law and unofficial legal pluralism: the cases of Turkey and Pakistan, Ihsan Yilmaz

Constitutional recognition of Islamic family law and Sharia courts in Ethiopia: governmental strategies to co-regulate the plural family law arena, Katrin Seidel

Legal pluralism in the Southern West Bank: the impact of honour as a factor on developments towards an increased consideration of rule-of-law principles in clan-based justice, Ulrike Qubaja

Legal pluralism in Indonesia: the case of interfaith marriages involving Muslims, Judith Koschorke

Contextualising Malaysia’s Islamic law: a nuanced perspective, Karen Meerschaut & Werner de Saeger