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Religious Pluralism and Islamic Law - Dhimmis and Others in the Empire of Law (Hardcover, New)
Loot Price: R4,249
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Religious Pluralism and Islamic Law - Dhimmis and Others in the Empire of Law (Hardcover, New)
Series: Oxford Islamic Legal Studies
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The question of tolerance and Islam is not a new one. Polemicists
are certain that Islam is not a tolerant religion. As evidence they
point to the rules governing the treatment of non-Muslim permanent
residents in Muslim lands, namely the dhimmi rules that are at the
center of this study. These rules, when read in isolation, are
certainly discriminatory in nature. They legitimate discriminatory
treatment on grounds of what could be said to be religious faith
and religious difference. The dhimmi rules are often invoked as
proof-positive of the inherent intolerance of the Islamic faith
(and thereby of any believing Muslim) toward the non-Muslim. This
book addresses the problem of the concept of 'tolerance' for
understanding the significance of the dhimmi rules that governed
and regulated non-Muslim permanent residents in Islamic lands. In
doing so, it suggests that the Islamic legal treatment of
non-Muslims is symptomatic of the more general challenge of
governing a diverse polity. Far from being constitutive of an
Islamic ethos, the dhimmi rules raise important thematic questions
about Rule of Law, governance, and how the pursuit of pluralism
through the institutions of law and governance is a messy business.
As argued throughout this book, an inescapable, and all-too-often
painful, bottom line in the pursuit of pluralism is that it
requires impositions and limitations on freedoms that are
considered central and fundamental to an individual's well-being,
but which must be limited for some people in some circumstances for
reasons extending well beyond the claims of a given individual. A
comparison to recent cases from the United States, United Kingdom,
and the European Court of Human Rights reveals that however
different and distant premodern Islamic and modern democratic
societies may be in terms of time, space, and values, legal systems
face similar challenges when governing a populace in which minority
and majority groups diverge on the meaning and implication of
values deemed fundamental to a particular polity.
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