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Accommodating Muslims under Common Law - A Comparative Analysis (Paperback)
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Accommodating Muslims under Common Law - A Comparative Analysis (Paperback)
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The book explores the relationship between Muslims, the Common Law
and Shari'ah post-9/11. The book looks at the accommodation of
Shari'ah 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 Shari'ah by looking at how the flexibilities that
exists in both the Common Law and Shari'ah 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 Shari'ah is not
necessarily one that requires the establishment of a separate and
parallel legal system.
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