Shari'a in the West

Author: Rex Ahdar; Nicholas Aroney
Publisher: Oxford University Press
ISBN: 9780199582914
Published In: December 2010
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first book to focus on the role and recognition of Islamic law in Western liberal democracies
Includes contributions from leading figures from a diverse range of countries, faiths, political viewpoints and academic backgrounds, offering a rounded view of the controversies
Accessible essays are written with the non-specialist in mind, offering a valuable introduction to the deeper issues behind the public debates
In February 2008, the Archbishop of Canterbury, Dr Rowan Williams, delivered a public lecture in which he stated that it "seem[ed] unavoidable" that certain aspects of Islamic law (Shari'a) would be recognized and incorporated into British law. The comments provoked outrage from sections of the public who viewed any recognition of Shari'a law in Britain with alarm. In July 2008 Lord Phillips, Lord Chief Justice of England and Wales, weighed into the fray. He praised the Archbishop's speech and gave qualified support for Shari'a principles to govern certain family and civil disputes.

Responding to the polarised debate that followed these lectures, this is a collection of short essays written by distinguished and prominent scholars addressing the question of the accommodation of Shari'a within the legal systems of the liberal-democratic West. The matters raised in the two 2008 lectures provide a springboard for lively discussion, criticism and debate on both the specific question of religious/cultural accommodation by the law and the wider issues of multiculturalism, equality before the law and the desirability of parallel jurisdictions for particular faith communities.

Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.

The volume aims to stimulate further thought on a complex issue, and to open up new pathways for policymakers and civil society institutions grappling with the relationship between Shari'a and Western legal systems.

Readership: Academics working in politics, law, public policy, history, sociology, theology and religious studies; students on advanced law and religion courses; public commentators and journalists; leaders and spokespersons of interested organisations and community groups, think-tanks and public policy institutes.

1: Rex Ahdar and Nicholas Aroney: The Topography of Shari'a in the Western Political Landscape
I
2: Tariq Modood: Multicultural Citizenship and the Shari'a Controversy in Britain
3: John Milbank: The Archbishop of Canterbury: The Man and the Theology Behind the Shari'a Lecture
4: Jean-François Gaudreault-Desbiens: Religious Courts' Recognition Claims: Two Qualitatively Distinct Narratives
5: Michael Nazir-Ali: Islamic Law, Fundamental Freedoms, and Social Cohesion: Retrospect and Prospect
6: James W Skillen: Shari'a and Pluralism
II
7: Jeremy Waldron: Questions about the Reasonable Accommodation of Minorities
8: Ayelet Shachar: Entangled: State, Religion, and the Family
9: John Milbank: Shari'a and the True Basis of Group Rights: Islam, the West, and Liberalism
10: Jean-François Gaudreault-Desbiens: Religious Courts, Personal Federalism, and Legal Transplants
11: J. Budziszewski: Natural Law, Democracy, and Shari'a
III
12: Sophie van Bijsterveld: Negotiating the Unfamiliar: Reflections from the Netherlands on the Archbishop of Canterbury's Lecture
13: Abdullah Saeed: Reflections on the Establishment of Shari'a Courts in Australia
14: Ann Black: In the Shadow of Our Legal System: Shari'a in Australia
IV
15: Erich Kolig: To Shari'aticize or not to Shari'aticize: Islamic and Secular Law in Liberal Democratic Society
16: John Witte Jr: The Future of Muslim Family Law in Western Democracies
Appendix I
The Archbishop of Canterbury, The Rt Rev Dr Rowan Williams, Civil and Religious Law in England: a Religious Perspective
Appendix II
Lord Phillips of Worth Matravers, Equality Before the Law

Edited by Rex Ahdar, Professor of Law, University of Otago, and Nicholas Aroney, Professor of Law, University of Queensland

Contributors:

Rex Ahdar, University of Otago
Nicholas Aroney, University of Queensland
Anne Black, University of Queensland
J. Budziszewski, University of Texas
Jean-François Gaudreault-Desbiens, University of Montreal
Erich Kolig, University of Otago
John Milbank, University of Nottingham
Tariq Modood, University of Bristol
Michael Nazir-Ali, Former Bishop of Rochester
Abdullah Saeed, University of Melbourne
Ayelet Shachar, University of Toronto
James Skillen, Center for Public Justice, Annapolis, Maryland
Sophie van Bijsterveld, Tilburg University
Jeremy Waldron, New York University
John Witte Jr, Emory University

"Despite its complexity, the issue of the relationship between Shariah and Western legal systems is of prime interest to policymakers, jurists and Muslims living in the West...Shariah in the West opens the path for lively discussions on the place of Islam in the Western, multicultural democracies. It also raises the point made by Tariq Ramadan that Shariah is often interpreted in ways, inconsistent with its core principles and it needs serious scholarly reform and consensual modernisation" - Lisa Kaaki, Arab News Blog

"Thought provoking and informative, it contains 16 essays from a global collection of expert contributors, most of them academics...If you wish to be better informed about Shari'a, then this is the book for you" - Phillip Taylor MBE, Richmon Green Chambers