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Islam and English Law

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

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781107639874
  • 出版时间 April 2013
  • 规格: Paperback , 331 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    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
  • Robin Griffith-Jones
    The Temple Church, London

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