Accommodating Muslims under common law : a comparative analysis / Salim Farrar and Ghena Krayem.
2017
K236 .F38 2017 (Mapit)
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Title
Accommodating Muslims under common law : a comparative analysis / Salim Farrar and Ghena Krayem.
Added Author
Imprint
Abingdon, Oxon ; New York, NY : Routledge, 2017.
Copyright
©2016.
Description
viii, 206 pages ; 25 cm
Formatted Contents Note
Introduction: law religion, and the challenge of accommodation
Muslim communities in a multicultural context
Contextualising Sharīʻah in the common law world
Muslims, family relationships and the common law
Muslims, crime and the common law
Muslims, business Transactions and the common law - Conclusion.
Muslim communities in a multicultural context
Contextualising Sharīʻah in the common law world
Muslims, family relationships and the common law
Muslims, crime and the common law
Muslims, business Transactions and the common law - Conclusion.
Summary
"The book explores the relationship between Muslims, the Common Law and Sharīʻah post-9/11. The book looks at the accommodation of Sharīʻah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʻah by looking at how the flexibilities that exists in both the Common Law and Sharīʻah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʻah is not necessarily one that requires the establishment of a separate and parallel legal system." -- Back cover.
Bibliography, etc. Note
Includes bibliographical references.
Location
STA
Call Number
K236 .F38 2017
Language
English
ISBN
9780415710466 hardcover
0415710464 hardcover
9781315867618 electronic book
1315867613 electronic book
0415710464 hardcover
9781315867618 electronic book
1315867613 electronic book
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