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

Cambridge University Press, 4/11/2013
EAN 9781107639874, ISBN10: 1107639875

Paperback, 332 pages, 22.8 x 15.2 x 1.9 cm
Language: English

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.

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.

'The contributions collected in [this book] testify [to] the extent and the complexity of the matter.' The Bookseller