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9781848857322

Islam, Sharia and Alternative Dispute Resolution Mechanisms for Legal Redress in the Muslim Community

by
  • ISBN13:

    9781848857322

  • ISBN10:

    1848857322

  • Format: Hardcover
  • Copyright: 2013-07-24
  • Publisher: I. B. Tauris

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Summary

The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterized by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalize some of the essential principles that underlie Muslim teachings and jurisprudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.

Author Biography

Mohamed Keshavjee was for many years Information Officer for the Aga Khan Secretariat in Aiglemont, France, where he was centrally involved in the Aga Khan Development Network. Now the Secretariat's Co-ordinator for Religious Education, and a qualified barrister, he specializes in Islamic and human rights law, and obtained his PhD from the University of London.

Table of Contents

1. List of Figures
2. Acknowledgements
3. Foreword
4. Introduction
5. The Muslim Community in Britain
6. Overview of the Hounslow Muslim Community
7. The Sharia, Religious Law of Muslims
8. The Muslim Law (Sharia) Council (UK)
9. The Many Faces of ADR in Hounslow
10. The Case for Court-Invoked Adjudication
11. Towards an Islamic Model of ADR
12. Factors determining an Islamic ADR model
13. Policy Considerations
14. Notes
15. Glossary
16. Bibliography
17. Index

Supplemental Materials

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

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