Applying Sharia in the West: Facts, Fears and the Future of Islamic Rules on Family Relations in the West
edited by Maria Berger
Leiden University Press, 2013 eISBN: 978-94-006-0105-5 | Paper: 978-90-8728-170-0 Library of Congress Classification K670.A976 2013
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | TOC
ABOUT THIS BOOK
Shari’a, the framework of Islamic rules and norms, governs many aspects of human behavior. The contributors to Applying Shari’a in the West examine in depth how Muslims in the West shape their normative behavior on the basis of Shari’a and how Western societies and legal systems react thereto. With its explicit focus on social and family relations, these country and thematic studies provide a timely overview of the current state of Shari’a and outline aspects of possible future developments, studies, and policies.
AUTHOR BIOGRAPHY
Maurits S. Berger holds the Sultan of Oman chair as professor of Islam in the contemporary West at Leiden University, and is senior research associate at the Clingendael Institute for International Relations in the Hague.
TABLE OF CONTENTS
Contents Introduction: Applying Shari῾a in the West 7 Maurits S. Berger Section I: Country Studies 1 Reasons for the Application of Shari῾a in the West 25 Mathias Rohe 2 America Islam and the Problems of Liberal Democracy 47 Bryan S. Turner and James T. Richardson 3 Australia The Down-Under Approach and Reaction to Shari῾a: An Impasse in Post-Secularism? 65 Jamila Hussain and Adam Possamai 4 United Kingdom An Early Discussion on Islamic Family Law in the English Jurisdiction 79 Jørgen S. Nielsen 5 The Netherlands Applying Shari῾a to Family Law Issues in the Netherlands 97 Susan Rutten 6 Albania and Kosovo The Return of Islam in South-East Europe: Debating Islam and Islamic Practices of Family Law in Albania and Kosovo 111 Besnik Sinani 7 Greece Debate and Challenges 125 Angeliki Ziaka Section II: Law Versus Culture 8 Unregistered Islamic Marriages: Anxieties about Sexuality and Islam in the Netherlands 141 Annelies Moors 9 Understanding and Use of Islamic Family Law Rules in German Courts: The Example of the Mahr 165 Nadjma Yassari 10 A Language of Hybridity: Honour and Otherness in Canadian Law and Shari῾a 189 Pascale Fournier and Nathan Reyes Section III: The Need for Accommodation 11 Accommodating Islamic Family Law(s): A Critical Analysis of Some Recent Developments and Experiments in Europe 207 Marie-Claire Foblets 12 Religion, Gender, and Family Law: Critical Perspectives on Integration for European Muslims 227 Zainab Alwani and Celene Ayat Lizzio 13 Reflections on the Development of the Discourse of Fiqh for Minorities and Some of the Challenges It Faces 241 Abdullah Saeed Bibliography 257 About The Authors 281 Index 285
Applying Sharia in the West: Facts, Fears and the Future of Islamic Rules on Family Relations in the West
edited by Maria Berger
Leiden University Press, 2013 eISBN: 978-94-006-0105-5 Paper: 978-90-8728-170-0
Shari’a, the framework of Islamic rules and norms, governs many aspects of human behavior. The contributors to Applying Shari’a in the West examine in depth how Muslims in the West shape their normative behavior on the basis of Shari’a and how Western societies and legal systems react thereto. With its explicit focus on social and family relations, these country and thematic studies provide a timely overview of the current state of Shari’a and outline aspects of possible future developments, studies, and policies.
AUTHOR BIOGRAPHY
Maurits S. Berger holds the Sultan of Oman chair as professor of Islam in the contemporary West at Leiden University, and is senior research associate at the Clingendael Institute for International Relations in the Hague.
TABLE OF CONTENTS
Contents Introduction: Applying Shari῾a in the West 7 Maurits S. Berger Section I: Country Studies 1 Reasons for the Application of Shari῾a in the West 25 Mathias Rohe 2 America Islam and the Problems of Liberal Democracy 47 Bryan S. Turner and James T. Richardson 3 Australia The Down-Under Approach and Reaction to Shari῾a: An Impasse in Post-Secularism? 65 Jamila Hussain and Adam Possamai 4 United Kingdom An Early Discussion on Islamic Family Law in the English Jurisdiction 79 Jørgen S. Nielsen 5 The Netherlands Applying Shari῾a to Family Law Issues in the Netherlands 97 Susan Rutten 6 Albania and Kosovo The Return of Islam in South-East Europe: Debating Islam and Islamic Practices of Family Law in Albania and Kosovo 111 Besnik Sinani 7 Greece Debate and Challenges 125 Angeliki Ziaka Section II: Law Versus Culture 8 Unregistered Islamic Marriages: Anxieties about Sexuality and Islam in the Netherlands 141 Annelies Moors 9 Understanding and Use of Islamic Family Law Rules in German Courts: The Example of the Mahr 165 Nadjma Yassari 10 A Language of Hybridity: Honour and Otherness in Canadian Law and Shari῾a 189 Pascale Fournier and Nathan Reyes Section III: The Need for Accommodation 11 Accommodating Islamic Family Law(s): A Critical Analysis of Some Recent Developments and Experiments in Europe 207 Marie-Claire Foblets 12 Religion, Gender, and Family Law: Critical Perspectives on Integration for European Muslims 227 Zainab Alwani and Celene Ayat Lizzio 13 Reflections on the Development of the Discourse of Fiqh for Minorities and Some of the Challenges It Faces 241 Abdullah Saeed Bibliography 257 About The Authors 281 Index 285