Accommodating muslims under common law : a comparative analysis / Salim Farrar and Ghena Krayem.
"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 Musli...
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| Online Access: |
Full Text (via Taylor & Francis) |
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| Main Authors: | , |
| Format: | eBook |
| Language: | English |
| Published: |
New York, NY :
Routledge,
2017.
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| Subjects: |
| 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. |
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| Physical Description: | 1 online resource. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9781315867618 1315867613 9781317964223 1317964225 |
| Source of Description, Etc. Note: | Source of description: Print version record. |