Islam and English Law

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  • Format: Hardcover
  • Copyright: 2013-05-27
  • Publisher: Cambridge Univ Pr
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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.

Table of Contents

List of contributors
List of abbreviations
The Archbishop of Canterbury and Shari'a Law
The 'unavoidable' adoption of shari'a law? The generation of a media storm
Civil and religious law in England: a religious perspective
The Archbishop's Proposal for 'Transformative Accommodation'
Shari'a and Secular Democracy: Is Islamic Law Compatible with the European Convention on Human Rights?
The Refah case at the European Court of Human Rights
The compatibility of an Islamic/shari'a law system or shari'a rules with the European Convention on Human Rights
An analysis of the relationship between shari'a and secular democracy and the compatibility of Islamic law with the European Convention on Human Rights
Dignity and religion
Legal Pluralism: Should English Law Give Greater Recognition to Islamic Law?
Family law: current conflicts and their resolution
Arbitration law and family law: developments towards legal pluralism?
Judging Muslims
From Muslim migrants to Muslim citizens
Ontario's 'shari'a court': law and politics intertwined
Accommodation or Conflict: Trajectories in the United Kingdom
Religious rights and the public interest
Responsibilities and Rights
Freedom of Speech, Incitement to Religious Hatred: Beyond the Divide?
Where to draw the line, and how to draw it Sydney Kentridge, including a note: the Satanic Verses and the Danish cartoons
Censor or censure: maintaining civility
In praise of 'fuzzy law'
Defining Jihad: Personal Commitment, Politics and the State
Towards an Islamic society, not an Islamic state
Following shari'a in the West
Violence, personal commitment and democracy
Prospect: Equality before God and before the Law
Equal before God
Equal before the law
Table of Contents provided by Publisher. All Rights Reserved.

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