Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions, explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.
Islam, Gender Politics, and Family Law Arbitration
Author: Anna Korteweg
Publisher: University of Toronto Press
Category: Social Science
When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states. Focusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives, including policy and media analysis, fieldwork, feminist examinations of the portrayals of Muslim women, and theoretical examinations of religion, Sharia, and the law. This volume is an important read for those who grapple with ethnic and religio-cultural diversity while remaining committed to religious freedom and women's equality.
Written by the Qadi (judge) of the Shari'a Court of Jerusalem and former director of the Shari'a Court system in Israel, this book offers a unique perspective on the religious law of Muslim minorities living in the West. Specifically, it explores the fiqh al-aqalliyyāt doctrine of religious jurisprudence developed by modern Islamic jurists to resolve the challenges of maintaining cultural and religious identity in majority non-Muslim societies. The author examines possible applications across numerous cultural and geographical contexts, answering such questions as: what are the rules for assuming political and public roles, and should one deposit money that incurs interest? Building on a growing scholarship, this book aims to resolve points of view and facets of religious law that have been neglected by previous studies. Accessibly written, Shari'a in the Modern Era is designed to promote cross-cultural understanding among readers of all faiths.
While Americans focus on terrorism, a more insidious Islamist threat to our way of life lurks. It is the agenda of sharia, Islamâ€™s authoritarian legal and political system. The global Islamist movement aims, in the words of the international Muslim Brotherhood, to destroy the West by sabotaging it from within. Its principal strategy is not mass-murder but the exploitation of Western freedoms and the insinuation of sharia principles into Western legal systems. Because those principles are hostile to our core liberties - indeed, hostile even to the bedrock premise that people are free to govern themselves as they see fit - shariaâ€™s advance gradually undermines our culture. The sharia agenda has found a friend in the Obama administration, which has embraced its vanguard, including the Brotherhood and the Organization of the Islamic Conference. President Obama is actively abetting the Islamist platform: promoting sharia in his foreign policy, easing enforcement of laws that stop Islamic “charitiesâ€ from diverting funds to jihadist terror, and even sponsoring a United Nations resolution that - under the guise of insulating Islam from criticism - would stifle First Amendment rights.
A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present
Author: Jan Michiel Otto
Publisher: Amsterdam University Press
"Sharia Incorporated is an ambitious study of how Islamic law traditions have been incorporated into the national legal systems throughout the Muslim world. Both puritan Islamists and Western alarmists tend to oversimplify and misrepresent the role and position of sharia. In response, this book takes stock of the actual legal positions, putting them into their socio-political and historical contexts. The twelve country chapters, each written by laudable international scholars speak to the historical evolution of Islamic, legal, and political ideas and practices. They consider the key legal issues raised by the 'Islamic awakening' of recent decades. Otto's conclusion presents the main findings of this unique comparative study and explains why the incorporation of sharia is such a thorny governance problem for an government in today's Muslim world. It is intended that this wealth of facts and analyses contributes to current debates on sharia, law, and politics"--Publisher's description, p.  of cover.
This edited volume offers a collection of papers that present a comparative analysis of the development of Shari’a in countries with Muslim minorities, such as America, Australia, Germany, and Italy, as well as countries with Muslim majorities, such as Malaysia, Bangladesh, Turkey, and Tunisia. The Sociology of Shari’a provides a global analysis of these important legal transformations and analyzesthe topic from a sociological perspective. It explores examples of non-Western countries that have a Muslim minority in their populations, including South Africa, China, Singapore, and the Philippines. In addition, the third part of the book includes case studies that explore some ground-breaking theories on the sociology of Shari’a, such as the application of Black, Chambliss, and Eisenstein’s sociological perspectives.
The sharia is a set of traditional laws that define a Muslim’s obligations to God and his fellow human beings. Westerners often misunderstand the nature of the sharia, born as it is of a complicated legal and academic tradition that may not always seem relevant to today’s world. Written for those unfamiliar with Islam, this volume provides an accurate and objective assessment of the sharia’s achievements, shortcomings and future prospects. It explores the fundamentals of Islam and traditional sharia laws. In addition, the sharia is discussed with respect to Ottoman law, puritanism and jihad. The sharia’s relevance to today’s world events is also explored. Among items provided in appendices are a commentary on a Western translation of the concept of jihad and an analysis of the sharia in 29 selected countries.