This month, Routledge releases “Accommodating Muslims under Common Law: A Comparative Analysis,” by Salim Farrar (University of Sydney) and Ghena Krayem (University of Sydney). The publisher’s description follows:
The book explores the relationship between Muslims, the Common Law and Shari’ah post-9/11. The book looks at the accommodation of Shari’ah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith.
Salim Farrar and Ghena Krayem consider the question of recognition of Shari’ah by looking at how the flexibilities that exists in both the Common Law and Shari’ah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Shari’ah is not necessarily one that requires the establishment of a separate and parallel legal system.
Posted in Scholarship Roundup
Tagged 9/11, Books, Islam, Islamic Law, Law and Religion, Religion and the Common Law, Religion in America, Religion in Australia, Religion in Canada, Secular Societies, Secular State, Shari'a Law, United Kingdom
In July, Palgrave Macmillan will release “Poverty and Wealth in Judaism, Christianity, and Islam,” edited by Nathan R. Kollar (St. John Fisher College) and Shafiq Muhammad. The publisher’s description follows:
This book gathers scholars from the three major monotheistic religions to discuss the issue of poverty and wealth from the varied perspectives of each tradition. It provides a cadre of values inherent to the sacred texts of Jews, Christians, and Muslims and illustrates how these values may be used to deal with current economic inequalities.
Contributors use the methodologies of religious studies to provide descriptions and comparisons of perspectives from Judaism, Christianity, and Islam on poverty and wealth. The book presents citations from the sacred texts of all three religions. The contributors discuss the interpretations of these texts and the necessary contexts, both past and present, for deciphering the stances found there. Poverty and Wealth in Judaism, Christianity, and Islam identifies and details a foundation of common values upon which individual and institutional decisions may be made.
In June, Brill Publishing will release “The Encyclopedia of Law and Religion” edited by Gerhard Robbers (Minister of Justice for Consumer Protection of Rhineland-Palatinate (Germany)), and W. Cole Durham, Jr. (Brigham Young University). The publisher’s description follows:
In recent years, issues of freedom of religion or belief and state-religion relations have become increasingly important worldwide. While some works have treated such issues regionally, the Encyclopedia of Law and Religion is unique in its breadth, covering all independent nations and jurisdictions as well as the major international organizations, treating the relation between law and religion in its various aspects, including those related to the role of religion in society, the relations between religion and state institutions, freedom of religion, legal aspects of religious traditions, the interaction between law and religion, and other issues at the junction of law, religion, and state.
Offered online and in five print volumes – Africa, the Americas, Asia, Europe, Oceania, Special Territories, International Organizations and Index – this work is a valuable resource for religious and legal scholars alike.
Brill Publishers, in cooperation with the Centre for Law and Religion at Cardiff University, has announced the publication of a new journal, Brill Research Perspectives in Law and Religion. Brill has also issued a call for papers. The publisher’s description follows:
Legal issues concerning religion increasingly make the news headlines these days. As a result, the intersection of law and religion is today an established but growing field of scholarship worldwide. Just as the burgeoning field whose name it shares, Brill Research Perspectives in Law and Religion seeks better to understand how the phenomena of law and religion interact and to stimulate practical debate on the diverse range of issues involved. The place of religion in society, religious pluralism, the fear of religious extremism, and the terms and limits of religious freedom generate a host of important questions on the interface of law and religion. In response, law and religion scholars themselves recognise the need for interdisciplinary approaches to this developing field. Secular laws on religion, at the international and national levels, as well as their historical, political, philosophical, sociological, and comparative analysis, all form part of the canon of law and religion. Alongside these are the religious laws and other regulatory entities of religious traditions and organisations, all shaped by their distinct theological postures.
Brill Research Perspectives in Law and Religion encourages the publication of studies of the highest quality, for scholarly analysis and for public debate, associated with the regulation of religion in society and the regulation of the internal life of religious traditions. Its primary readership includes academics, researchers, practitioners, policy makers, educators, and graduate and undergraduate students.
Each issue consists of one uniquely focused article of 50-100 pages. To facilitate the efforts of researchers and educators alike, each journal issue will also be available as a book in both print and electronic format.
Brill Research Perspectives in Law and Religion is published in close cooperation with the Cardiff University Centre for Law and Religion.
In June, Brepols Publishers will release “
Muslim law developed a clear legal cadre for dhimmīs, inferior but protected non-Muslim communities (in particular Jews and Christians) and Roman Canon law
decreed a similar status for Jewish and Muslim communities in Europe. Yet the theoretical hierarchies between faithful and infidel were constantly brought into question in the daily interactions between men and women of different faiths in streets, markets, bath-houses, law courts, etc. The twelve essays in this volume explore these tensions and attempts to resolve them. These contributions show law was used to attempt to erect boundaries between communities in order to regulate or restrict interaction between faithful and non-faithful—at at the same time how these boundaries were repeatedly transgressed and negotiated. These essays explore the possibilities and the limits of the use of legal sources for the social historian.
In June, Routledge will release “Changing God’s Law: The Dynamics of Middle Eastern Family Law” edited by Nadjma Yassari (Max Planck Institute for Comparative and International Private Law, Hamburg). The publisher’s description follows:
This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.
In June, Cambridge University Press will release “God and the Secular Legal System” by Rafael Domingo (University of Navarra, Spain). The publisher’s description follows:
This timely book offers a theistic approach to secular legal systems and demonstrates that these systems are neither agnostic nor atheist. Critical but succinct in its approach, this book focuses on an extensive range of liberal legal approaches to religious and moral issues and subjects them to critical scrutiny from a secular perspective. Expertly written by a leading scholar, the author offers a rare combination of profundity of ideas and simplicity of expression. It is a ringing defense of the theistic conception of secular legal systems and an uncompromising attack on the agnostic and atheist conception.
In May, the University of Pennsylvania Press will release “Sacred Violence in Early America,” by Susan Juster (University of Michigan). The publisher’s description follows:
Sacred Violence in Early America offers a sweeping reinterpretation of the violence endemic to seventeenth-century English colonization by reexamining some of the key moments of cultural and religious encounter in North America. Susan Juster explores different forms of sacred violence—blood sacrifice, holy war, malediction, and iconoclasm—to uncover how European traditions of ritual violence developed during the wars of the Reformation were introduced and ultimately transformed in the New World.
Juster’s central argument concerns the rethinking of the relationship between the material and the spiritual worlds that began with the Reformation and reached perhaps its fullest expression on the margins of empire. The Reformation transformed the Christian landscape from an environment rich in sounds, smells, images, and tactile encounters, both divine and human, to an austere space of scriptural contemplation and prayer. When English colonists encountered the gods and rituals of the New World, they were forced to confront the unresolved tensions between the material and spiritual within their own religious practice. Accounts of native cannibalism, for instance, prompted uneasy comparisons with the ongoing debate among Reformers about whether Christ was bodily present in the communion wafer.
Sacred Violence in Early America reveals the Old World antecedents of the burning of native bodies and texts during the seventeenth-century wars of extermination, the prosecution of heretics and blasphemers in colonial courts, and the destruction of chapels and mission towns up and down the North American seaboard. At the heart of the book is an analysis of “theologies of violence” that gave conceptual and emotional shape to English colonists’ efforts to construct a New World sanctuary in the face of enemies both familiar and strange: blood sacrifice, sacramentalism, legal and philosophical notions of just and holy war, malediction, the contest between “living” and “dead” images in Christian idology, and iconoclasm.
In May, Palgrave Macmillan will release “Theological Reflections on the Hong Kong Umbrella Movement,” edited by Justin K. H. Tse (University of Washington), and Jonathan Y. Tan (Case Western Reserve University). The publisher’s description follows:
This book gathers the voices of four local Hong Kong theologians to reflect on the 2014 democracy protests in the city from the perspectives of Catholic social teaching,
feminist and queer intersectionality, Protestant liberation, and textual exegesis. The volume also includes an extended primer on Hong Kong politics to aid readers as they reflect on the theology underlying the democracy protests.
September 28, 2014 is known as the day that political consciousness in Hong Kong began to shift. As police fired eighty-seven volleys of tear gas at protesters demanding “genuine universal suffrage” in Hong Kong, the movement (termed the “Umbrella Movement”) ignited a polarizing set of debates over civil disobedience, government collusion with private interests, and democracy. The Umbrella Movement was also a theological watershed moment, a time for religious reflection. This book analyzes the role that religion played in shaping the course of this historic movement.
Next month, Cambridge University Press will release “The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe” edited by Frank Cranmer (University of Durham), Mark Hill (Cardiff University), Celia Kenny (Trinity College, Dublin), and Russell Sandberg (Cardiff University). [Ed. note: congratulations to our loyal reader Frank Cranmer!] The publisher’s description follows:
Since the early 1990s, politicians, policymakers, the media and academics have increasingly focused on religion, noting the significant increase in the number of cases involving religion. As a result, law and religion has become a specific area of study. The work of Professor Norman Doe at Cardiff University has served as a catalyst for this change, especially through the creation of the LLM in Canon Law in 1991 (the first degree of its type since the time of the Reformation) and the Centre for Law and Religion in 1998 (the first of its kind in the UK). Published to mark the twenty-fifth anniversary of the LLM in Canon Law and to pay tribute to Professor Doe’s achievements so far, this volume reflects upon the interdisciplinary development of law and religion.