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Islam, Law and the Modern State: (Re)imagining Liberal Theory in Muslim Contexts de Arif A. Jamal

Islam, Law and the Modern State: (Re)imagining Liberal Theory in Muslim Contexts: ICLARS Series on Law and Religion

Autor Arif A. Jamal
en Limba Engleză Paperback – 11 noi 2019
Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.
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Specificații

ISBN-13: 9780367893729
ISBN-10: 036789372X
Pagini: 164
Dimensiuni: 174 x 246 mm
Greutate: 0.3 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria ICLARS Series on Law and Religion

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate

Cuprins

Introduction
i. The challenge
ii. The structure
iii. The approach
iv. The contribution and the argument
Chapter 1: Developing the concept of ‘justice as discourse’
1.1 The challenge of diversity: liberal theory’s normative commitment
1.2 Alternatives to Rawls’ theory
1.3 Constructing a theory: justice as discourse
1.4 Justice as discourse versus some alternatives
1.5 Conclusion
Chapter 2: Justice as discourse in application
2.1 Justice as discourse and classical liberal theory
2.2 Justice as discourse and the Secular
2.3 Implementing justice as discourse: the axes of state, law, civil society and politics
2.4 Conclusion
Chapter 3: Muslim Contexts I: History and heritage
3.1 Why use the term ‘Muslim contexts’?
3.2 What is the same, and what is different, about Muslim contexts?
3.3 The politico-legal legacy
3.4 Conclusion and lessons from the heritage
Chapter 4: Muslim Contexts II: Contemporary contexts
4.1 Re- working the law: replacement, codifications and ‘etatization’
4.2 The nexus of Din, Dunya and Dawla: religion, politics and the state – divided?
4.3 Contemporary opinions in Muslim populations
4.4 Prospects for democracy?
4.5  Conclusion
Chapter 5: Terms of engagement: (re)imagining religion, law, state and society for Muslim contexts
5.1 Challenges to the uses of liberal theory
5.2 Defining a practical political model
5.3 The bridge from politics to law: Menski’s kite
5.4 The overall argument and conclusion
Conclusion

Recenzii

'This path-breaking study on comparative public law confirms that the globalisation of debates about the relationship of law and religion allows today a profound, sensible re-assessment of plurality-conscious ‘justice as discourse’. Truly liberal theories of justice can indeed be reformulated and contextually applied to include Muslim concepts. An argumentative masterpiece!'
Prof. Emeritus Werner Menski, SOAS University of London, UK
'In a time of political Islamic reductionism, when the plural experience of Islam is at risk of being reduced to a dogmatic monolith, Jamal’s book invites Muslims to engage with liberal theories of justice not as the passive recipients of Western ideas, but as the active innovators of the local and global polity.'
Professor Marco Ventura, University of Siena, Italy
'This is a highly commendable and fresh contribution to the debates on the relationship between Islam and the Modern State; proposing a much needed third way apart from a theocracy or an anti-religious secular state. A well researched and highly recommended read.'
Professor Mashood A. Baderin, SOAS University of London, UK

Descriere

This work develops a framework for addressing this issue. It argues that liberal theory and, in particular, justice as discourse, can be normatively useful in Muslim contexts for relating, religion, law, state and society.