Islam and English Law
Rights, Responsibilities and the Place of Shari'a

Should England adopt shari'a law? Does Islam threaten British ideals? Lawyers, theologians and sociologists provide here a constructive, forward-looking dialogue.

Robin Griffith-Jones (Edited by)

9781107639874, Cambridge University Press

Paperback / softback, published 11 April 2013

331 pages, 1 b/w illus.
22.8 x 15.2 x 1.5 cm, 0.54 kg

'[Rowan Williams' February 2008 lecture, 'Civil and Religious Law in England'] formed part of a series marking the 400th anniversary of the entrusting of the Temple Church (established hundreds of years earlier by the Knights Templar) to the care of the Middle and Inner Temple; and so the interplay between religion and law in general, and of Islam and English law in particular, was a fitting focus. This extremely valuable collection of essays is based on that lecture series, and also includes other 'conversations' between authors on other issues, including responses to the publication of Salman Rushdie's The Satanic Verses, and the cartoons in the Danish daily newspaper Jyllands-Posten, and contemporary understandings of jihad.' Malcolm D. Evans, Church Times

Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of Islam, shari'a and jihad and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.

List of contributors
Preface Robin Griffith-Jones
List of abbreviations
Introduction Stephen Hockman
Part I. The Archbishop of Canterbury and Shari'a Law: 1. The 'unavoidable' adoption of shari'a law? The generation of a media storm Robin Griffith-Jones
2. Civil and religious law in England: a religious perspective Rowan Williams
Part II. The Archbishop's Proposal for 'Transformative Accommodation': Section 1. Shari'a and Secular Democracy: Is Islamic Law Compatible with the European Convention on Human Rights?: 3. The Refah case at the European Court of Human Rights Nicolas Bratza
4. The compatibility of an Islamic/shari'a law system or shari'a rules with the European Convention on Human Rights Dominic McGoldrick
5. An analysis of the relationship between shari'a and secular democracy and the compatibility of Islamic law with the European Convention on Human Rights Mashood A. Baderin
6. Dignity and religion Christopher McCrudden
Section 2. Legal Pluralism: Should English Law Give Greater Recognition to Islamic Law?: 7. Family law: current conflicts and their resolution Elizabeth Butler-Sloss and Mark Hill
8. Arbitration law and family law: developments towards legal pluralism? Ian Edge
9. Judging Muslims Prakash Shah
10. From Muslim migrants to Muslim citizens Shaheen Sardar-Ali
11. Ontario's 'shari'a court': law and politics intertwined Marion Boyd
Section 3. Accommodation or Conflict: Trajectories in the United Kingdom: 12. Religious rights and the public interest Robin Griffith-Jones
Part III. Responsibilities and Rights: Section 4. Freedom of Speech, Incitement to Religious Hatred: Beyond the Divide?: 13. Where to draw the line, and how to draw it Sydney Kentridge, including a note: the Satanic Verses and the Danish cartoons Robin Griffith-Jones
14. Censor or censure: maintaining civility Tariq Modood
15. In praise of 'fuzzy law' Albie Sachs
Section 5. Defining Jihad: Personal Commitment, Politics and the State: 16. Towards an Islamic society, not an Islamic state Abdullahi An-Na'im
17. Following shari'a in the West Tariq Ramadan
18. Violence, personal commitment and democracy Khaled Abou El Fadl
Part IV. Prospect: Equality before God and before the Law: 19. Equal before God David F. Ford
20. Equal before the law Nicholas Phillips.

Subject Areas: Legal system: general [LNA], Islamic law [LAFS], Human rights [JPVH], Islam [HRH]