This edited collection focuses on the comparative analysis of the application of Shari’a in countries with Muslim minorities (e.g. USA, Australia, Germany and Italy) and majorities (e.g. Malaysia, Bangladesh, Turkey, and Morocco). Most chapters in this new edition have been revised and the book as a whole has been updated to give even more international coverage.
This text provides a sociological and global analysis of a phenomenon that goes beyond the ‘West versus the rest’ dichotomy. One example of this is how included are case studies in Muslim minority countries not exclusively located in the West. Although the contributors of this book come from various disciplines such as law, anthropology, and sociology, this volume has a strong sociological focus on the analysis of Shari’a. The final part of the book indeed draws out from all the case studies explored some ground-breaking theories on the sociology of Shari’a such as the application of Black, Chambliss and Eisenstein’s sociological theories. This text appeals to students and researchers working in the sociology of religion.
Author(s): Adam Possamai, James T. Richardson, Bryan S. Turner
Series: Boundaries of Religious Freedom: Regulating Religion in Diverse Societies
Edition: 2
Publisher: Springer
Year: 2023
Language: English
Pages: 356
City: Cham
Contents
Chapter 1: Introduction: Legal Pluralism and Shari’a
1.1 Introduction: Legal Pluralism and Shari’a
1.2 The Breakdown of Legal Centralism
1.3 Shari’a and Legal Pluralism
1.4 The Structure of This Volume
1.5 Coda
References
Chapter 2: Sharī’a in the Qur‘an: A Word Meaning “Law” or a Metaphor Evoking “Path”?
2.1 Introduction
2.2 Four Contrasting Meanings of Sharī‘a
2.2.1 Sharī‘a as Islamic Law (in All of Its Complexity)
2.2.2 Sharī‘a As “Path” (in All of Its Simplicity)
Sharī‘a Reference in the Quran
Sharī‘a as a Path to Life-Giving Water
Other Metaphorical Qur’anic Terms for “Path”
Sharī’a in the Hadith
W.C. Smith on the Use of Sharī’a During the First Few Hundred Years of Islam
2.2.3 Sharī’a As God’s Perfect Law in Contrast to Fiqh (Human Beings’ Imperfect Understanding of God’s Law)
2.2.4 Sharī‘a as a Source of Positive Law of the Modern State
2.3 Law and the Qur‘an
2.3.1 Paths in Other Religions
2.3.2 Law in the Qur‘an
In Fact, a Relatively Small Portion of the Qur‘an Refers to Legal Matters
Lack of Legal Terms in the Qur‘an
The Qur‘an Does Not Provide a Comprehensive Basis of Law for the Modern State
The Qur‘an Does Not Explicitly Claim to Provide a Basis for the Governance of Any State (or Polity) Other Than That of Medina at the Time of the Prophet
2.4 Conclusion
References
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Part I: Case Studies from Muslim Majority Countries
Chapter 3: One State, Three Legal Systems: Social Cohesion in a Multi-ethnic and Multi-religious Malaysia
3.1 Introduction
3.2 Embedding of Religious Diversity and Legal Pluralism in Malaysia: A Brief Historical Analysis
3.3 Social Impact of Religious Diversity and Legal Pluralism in Malaysia
3.4 The Social Impact of the Unresolved ‘Federalism’ Puzzle in Malaysia
3.5 Federalism and the Application and Non-application of Shari’a Law
3.6 Social Cohesion Impacts
3.7 Conclusion
3.8 Postscript to the Second Edition: Discourses on ‘Islamization’ and ‘Modernization’ in Malaysia: A Commentary
References
Chapter 4: Modern Law, Traditional “Shalish” and Civil Society Activism in Bangladesh
4.1 Introduction
4.2 Development of Modern Law in Bangladesh
4.3 Civil Society Activism
4.4 Legal Pluralism in Bangladesh
References
Chapter 5: Evolution of Unofficial Muslim Family Laws to Islamist Legal Pluralism in Erdogan’s Turkey
5.1 Introduction
5.2 Expected Secularization Versus Unofficial Muslim Law
5.3 Construction of Unofficial Muslim Family Law
5.3.1 Registration and Solemnization of Marriage
5.3.2 Age of Marriage: Child Marriages
5.3.3 Polygamy
5.3.4 Divorce
5.4 Conclusion
References
Chapter 6: The Clerics, Legal Schisms, and Pragmatism in the Islamic Republic of Iran
6.1 Religion and Politics in the Monarchist Era
6.2 Religion and the Clerics in the Islamic Republic of Iran
6.3 The Ja’afari School, Islamization of the Law, and Legal Pragmatism
6.4 Political Challenges and Institutionalization of Legal Pragmatism
6.5 Intra-clerical Schisms and Institutionalized Legal Control
6.6 Recent Pragmatic Changes to the Law
6.7 Contemporary Legal Challenges and Debates
6.8 Conclusion
References
Chapter 7: Equivocal Attitudes to Religion in Moroccan Law and Society
7.1 Introduction
7.2 State, Religion, and the French Protectorate (1912–1956)
7.3 The Muslim State and the Freedom of Worship
7.4 King as Commander of the Faithful and Guarantor of Free Worship
7.5 Religion and the Family Code
7.6 Religion and the Penal Code
7.7 Conclusion
References
Part II: Case Studies from Muslim Minority Countries
Chapter 8: The Philippine Shari’a Courts and the Code of Muslim Personal Laws
8.1 The Socio-Political Context
8.2 Our Work in Muslim Communities
8.3 The Code of Muslim Personal Laws and the Shari’a Courts: Cases and Incidence
8.4 The CMPL and the UN CEDAW
8.5 Community Practices of which Shari’a Courts Still Take Cognizance
8.6 The ARMM Gender and Development (GAD) Code
8.7 Concluding Remarks
8.8 Postscript
8.9 Postscript to the Second Edition: The Philippine Shari’a Courts & the Code of Muslim Personal Laws
References
Legislation and Legal Instruments
Chapter 9: Shari’a and Muslim Women’s Agency in a Multicultural Context: Recent Changes in Sports Culture
9.1 Introduction
9.2 Multicultural Citizenship and Policies
9.3 Does Multiculturalism Pose a Threat to Social Cohesion?
9.4 Is Multiculturalism Bad for Women?
9.5 Multiculturalism, Power and Agency
9.6 Shari’a and Dress
9.7 Shari’a, Dress and Sport in a Multicultural Context
9.8 Conclusion
References
Chapter 10: Shari’a Law in Catholic Italy: A Non-agnostic Model of Accommodation
10.1 Introduction
10.2 Shari’a Law and Italian International Private Law
10.3 Moving on: Islam as an Officially Recognized Religion
10.4 Conclusion
References
Legislation
Case Law
Chapter 11: Trial and Error: Muslims and Shari’a in the German Context
11.1 Introduction
11.2 The Starting Point
11.3 Changing Atmosphere
11.4 The Learning Process
11.5 Refugees and Increasing Islamophobia
11.6 German Islam Culture
11.7 Barriers to Overcome
11.8 Shari’a: Controversies Abound
11.8.1 Food Preparation Issues for German Muslims
11.8.2 Financial Issues under Shari’a
11.8.3 The Circumcision Issue in Germany
11.9 Concluding Comments
References
Chapter 12: Islam in Europe: Balancing Between Conflicting Values and Interests – The Case of Unanaesthetised Slaughter of Animals
12.1 Introduction
12.2 The Legal Framework in European Countries
12.3 Recent Judgments in Europe
12.4 Socio-Religious Opinions
12.5 The Way Forward? A Plea for More Consistent Legal Thinking
References
Chapter 13: Between the Sacred and the Secular: Living Islam in China
13.1 Introduction
13.2 A Brief History of Islam in China
13.3 Politics of Muslims Identities in China
13.4 Variations in Acculturation and the Practice of Shari’a Among China’s Muslim Communities
13.5 Islam and the State in China
13.6 Migration, New Communities, and Extra-Territorial Rights
13.7 Conclusion
References
Chapter 14: The Case of the Recognition of Muslim Personal Law in South Africa: Colonialism, Apartheid and Constitutional Democracy
14.1 Introduction
14.2 Historical Background
14.3 A Basic Framework of Islamic Family Law
14.4 Islamic Marriage and Divorce
14.4.1 Marriage (Nikah)
14.4.2 Divorce
14.4.3 Custody
14.5 Present Day Practice of Muslim Personal Law in South Africa
14.6 Overview of the Muslim Marriages Bill
14.7 Disputed Issues in the Bill
14.8 Islamic Law Issues
14.9 Constitutional Law Issues
14.10 Conclusion
References
Legislation
Case Law
Part III: Theoretical and Comparative Considerations
Chapter 15: Contradictions, Conflicts, Dilemmas, and Temporary Resolutions: A Sociology of Law Analysis of Shari’a in Selected Western Societies
15.1 Introduction
15.2 Cautionary Note
15.3 Chambliss’ Basic Approach
15.4 Extending Chambliss’ Ideas
15.5 Shari’a in Canada: The Ontario Case
15.6 Shari’a in America: Battles in the States
15.7 Australian Controversies Over Shari’a
15.8 Conclusion
15.9 Epilogue
References
Chapter 16: Shari’a and Multiple Modernities in Western Countries: Toward a Multi-faith Pragmatic Modern Approach Rather Than a Legal Pluralist One?
16.1 A ‘Clash’ or a Diversity of Modernities?
16.2 Shari’a and an Islamic Aggiornamento?
16.3 The New Australian Conservative Modernity and its Obstacles to Post-Secularism
16.4 How to Embrace a Multi-faith Pragmatic Approach to Family Law?
16.5 Conclusion
References
Chapter 17: The Future of Legal Pluralism
17.1 The Growth of the Shari’a in the West
17.2 Liberalism, Religion and Citizenship
17.3 Postscript to the Second Edition
References
Index
