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

ISBN-13: 9781107021648 / Angielski / Twarda / 2013 / 334 str.

Robin Griffith Jones

Opis

Should England adopt shari'a law? Does Islam threaten British ideals? Lawyers, theologians and sociologists provide here a constructive, forward-looking dialogue.

Recenzje

'[Rowan Williams' February 2008 lecture, 'Civil and Religious Law in England'] formed part of a series marking the 400th anniversary of the entrusting of the Temple Church (established hundreds of years earlier by the Knights Templar) to the care of the Middle and Inner Temple; and so the interplay between religion and law in general, and of Islam and English law in particular, was a fitting focus. This extremely valuable collection of essays is based on that lecture series, and also includes other 'conversations' between authors on other issues, including responses to the publication of Salman Rushdie's The Satanic Verses, and the cartoons in the Danish daily newspaper Jyllands-Posten, and contemporary understandings of jihad.' Malcolm D. Evans, Church Times

Spis treści

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.