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Shari'a As Discourse. Legal Traditions and the Encounter with Europe


Author: Jørgen S. Nielsen and Lisbet Christoffersen (eds.)
Publisher: Ashgate
Publication Place: London
Pages: 284
ISBN: 9780754679554
Category: n\a


This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari‘a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari‘a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.

Table of contents

Preface, Jørgen S. Nielsen and Lisbet Christoffersen; Shari‘a between renewal and tradition, Jørgen S. Nielsen; Part 1 An Encounter of Legal Theories: Clarity or confusion – classical fiqh and the issue of logic, Mona Siddiqui; Demarcating fault-lines within Islam: Muslim modernists and hard-line Islamists engage the Shari'a, Asma Afsaruddin; Islamic jurisprudence and Western legal history, Mark van Hoecke; Is Shari'a law, religion or a combination? European legal discourses on Shari'a, Lisbet Christoffersen; Women, secular and religious laws and traditions: gendered secularization, gendering Shari'a, Hanne Petersen; Shari'a and Nordic legal contexts, Kjell-Åke Modéer. Part 2 Local Experiences: Shari'a from behind the bench: court culture, judicial culture and a judge-made discourse on Shari'a at a Swedish district court, Matilda Arvidsson; Between God and the Sultana? Legal pluralism in the British Muslim diaspora, Prakash Shah; Shari'a and secularism in France, Manni Crone; Divine law and human understanding – the idea of Shari'a in Saudi Arabia, Dorthe Bramsen; Speaking in His name? Gender, language and religion in the Arab media, Dima Dabbous-Sensenig; Shari'a and the constitutional debate in Egypt, Jakob Skovgaard-Petersen. Part 3 Shari'a and Discourse: Traditions of interpretation within (Protestant) Christian theology as compared with Islam, Mogens Müller; Rebellious women – discourses and texts: Shari'a, civil rights, and penal law, Peter Madsen; Bibliography; Index.