British Islam and English Law
A Classical Pluralist Perspective

Asks and answers the hardest questions about the relationship between British Islam and English law using classical pluralist theory.

Patrick S. Nash (Author)

9781108713603, Cambridge University Press

Paperback / softback, published 27 January 2022

320 pages
24.5 x 16.9 x 1.7 cm, 0.566 kg

British Islam and English Law presents a novel argument about the nature and place of groups in society. The encounter with Islam has led English law to tread a line between two theoretical models, liberal individualism and multiculturalism, competing for dominance over the law of organised religion. This philosophical rivalry has generated a set of seemingly intractable conflicts between individual and community, religion and state, nation and culture. This book resurrects the long-buried theory of classical pluralism to address and resolve these tensions. Applying this to five understudied institutions that give structure and form to British Islam – banks, charities, schools, elections, clans – it outlines and justifies the reforms that would optimise the relationship between law and religion. Unflinching and unorthodox, this book places law and theory in context, employs innovative methods such as nudge theory and applied history, and provides detailed answers to hard questions about British Islam.

Part I. Theory: 1. Liberal individualism
2. Multiculturalism
3. Classical pluralism
Part II. Practice: 4. Banks
5. Charities
6. Schools
7. Elections
8. Clans
Conclusion.

Subject Areas: Constitutional & administrative law [LND], Law & society [LAQ], Islamic law [LAFS], Jurisprudence & philosophy of law [LAB], Central government [JPQ], Islam [HRH], Religion & politics [HRAM2]