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

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Robin Griffith-Jones, Stephen Hockman, Rowan Williams, Nicolas Bratza, Dominic McGoldrick, Mashood A. Baderin, Christopher McCrudden, Elizabeth Butler-Sloss, Mark Hill, Ian Edge, Prakash Shah, Shaheen Sardar-Ali, Marion Boyd, Sydney Kentridge, Tariq Modood, Albie Sachs, Abdullahi An-Na'im, Tariq Ramadan, Khaled Abou El Fadl, David F. Ford, Nicholas Phillips
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  • Date Published: May 2013
  • availability: In stock
  • format: Paperback
  • isbn: 9781107639874

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About the Authors
  • 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 practical issues, considering what will or will not lead to greater justice
    • The volume is a measured response to Rowan Williams' lecture on shari'a law, which triggered a storm of protest in the media
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    Product details

    • Date Published: May 2013
    • format: Paperback
    • isbn: 9781107639874
    • length: 331 pages
    • dimensions: 228 x 152 x 15 mm
    • weight: 0.54kg
    • contains: 1 b/w illus.
    • availability: In stock
  • Table of Contents

    List of contributors
    Preface Robin Griffith-Jones
    List of abbreviations
    Introduction Stephen Hockman
    Part I. The Archbishop of Canterbury and Shari'a Law:
    1. The 'unavoidable' adoption of shari'a law? The generation of a media storm Robin Griffith-Jones
    2. Civil and religious law in England: a religious perspective Rowan Williams
    Part II. The Archbishop's Proposal for 'Transformative Accommodation': Section 1. Shari'a and Secular Democracy: Is Islamic Law Compatible with the European Convention on Human Rights?:
    3. The Refah case at the European Court of Human Rights Nicolas Bratza
    4. The compatibility of an Islamic/shari'a law system or shari'a rules with the European Convention on Human Rights Dominic McGoldrick
    5. An analysis of the relationship between shari'a and secular democracy and the compatibility of Islamic law with the European Convention on Human Rights Mashood A. Baderin
    6. Dignity and religion Christopher McCrudden
    Section 2. Legal Pluralism: Should English Law Give Greater Recognition to Islamic Law?:
    7. Family law: current conflicts and their resolution Elizabeth Butler-Sloss and Mark Hill
    8. Arbitration law and family law: developments towards legal pluralism? Ian Edge
    9. Judging Muslims Prakash Shah
    10. From Muslim migrants to Muslim citizens Shaheen Sardar-Ali
    11. Ontario's 'shari'a court': law and politics intertwined Marion Boyd
    Section 3. Accommodation or Conflict: Trajectories in the United Kingdom:
    12. Religious rights and the public interest Robin Griffith-Jones
    Part III. Responsibilities and Rights: Section 4. Freedom of Speech, Incitement to Religious Hatred: Beyond the Divide?:
    13. Where to draw the line, and how to draw it Sydney Kentridge, including a note: the Satanic Verses and the Danish cartoons Robin Griffith-Jones
    14. Censor or censure: maintaining civility Tariq Modood
    15. In praise of 'fuzzy law' Albie Sachs
    Section 5. Defining Jihad: Personal Commitment, Politics and the State:
    16. Towards an Islamic society, not an Islamic state Abdullahi An-Na'im
    17. Following shari'a in the West Tariq Ramadan
    18. Violence, personal commitment and democracy Khaled Abou El Fadl
    Part IV. Prospect: Equality before God and before the Law:
    19. Equal before God David F. Ford
    20. Equal before the law Nicholas Phillips.

  • Editor

    Robin Griffith-Jones, The Temple Church, London
    fm.author_biographical_note1

    Contributors

    Robin Griffith-Jones, Stephen Hockman, Rowan Williams, Nicolas Bratza, Dominic McGoldrick, Mashood A. Baderin, Christopher McCrudden, Elizabeth Butler-Sloss, Mark Hill, Ian Edge, Prakash Shah, Shaheen Sardar-Ali, Marion Boyd, Sydney Kentridge, Tariq Modood, Albie Sachs, Abdullahi An-Na'im, Tariq Ramadan, Khaled Abou El Fadl, David F. Ford, Nicholas Phillips

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