Islam and English Law

by Griffith-Jones, Robin; Griffith-Jones, Robin; Hockman, Stephen; El Fadl, Khaled Abou (CON)

• ISBN13: 9781107021648
• ISBN10: 1107021642
• Format: Hardcover
• Copyright: 2013-05-27
• Publisher: Cambridge Univ Pr

Summary

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

Preface

List of abbreviations

Introduction

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

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