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Religious Pluralism and Islamic Law

Religious Pluralism and Islamic Law Dhimmis and Others in the Empire of Law

Author: Anver M. Emon
Publisher: Oxford University Press
ISBN: 9780199661633
Published In: July 2012
Format: Hardback , 384 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Presents an original analysis of the dhimmi rules governing the approach Islamic law takes towards foreigners, giving new perspectives on the nature of Islamic law and problem of governing amidst diversity
Offers an interdisciplinary interpretation of the issue of the treatment of foreigners in Islamic law, examining it from the perspectives of Islamic law, legal theory, and history
Demonstrates the difficulties present in pursuing pluralism alongside rule of law and effective governance

The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim.

This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business.

As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

Readership: Scholars and students of Islamic law, politics, and religion; policy makers and judiciary addressing multicultural issues

Introduction
1: Dhimmis, Shari'a, and Empire
2: Reason, Contract, and the Obligation to Obey
3: Pluralism, Dhimmi Rules, and the Regulation of Difference
4: The Rationale of Empire and the Hegemony of Law
5: Shari'a as Rule of Law
6: The Dhimmi Rules in the Post-Colonial Muslim State
7: Religious Minorities and the Empire of the Law
Conclusion

Anver M. Emon, Associate Professor, Faculty of Law, University of Toronto

Anver M. Emon is Associate Professor of Law at the University of Toronto's Faculty of Law. Emon's research focuses on premodern and modern Islamic legal history and theory; premodern modes of governance and adjudication; and the role of Shari'a both inside and outside the Muslim world. The author of Islamic Natural Law Theories (OUP, 2010), Professor Emon is the founding editor of Middle East Law and Governance: An Interdisciplinary Journal, and one of the general editors of the Oxford Islamic Legal Studies series.