Shari’a and legal pluralism in the West

Abstract

Since 9/11, the possibilities for pluralism and tolerance have been severely tested by a discourse of terrorism and security. The development of an intelligent and cosmopolitan understanding between religious communities in Europe and America has been compromised by a range of legal and political responses to terrorism. While the debate about the berqa has clearly indicated the problems relating to Muslim cultural differences, we argue that legal pluralism and in particular the question of Shari’a tribunals may prove to be a more decisive test of Western multiculturalism. This article examines the many criticisms raised against religious arbitration in domestic affairs and considers the presence of the Shari’a at various levels of society, claiming that the evolution of Sharia-mindedness is compatible both with a faith-based life and with liberal ideals. However, the problem with religious courts lies elsewhere, namely with the fragmentation of social life and the erosion of citizenship. The article concludes by examining the prospects and problems of Turkish entry into the European Union with special reference to the domestic policies of the Justice and Development Party.

Social work, family welfare, and Muslim personal law in South Africa

“…Scholars of Islam argue the infusion of customs and cultural beliefs into the law, patriarchal bias to legitimise male privilege and politics are causes of erroneous practices of the sharī §ah, in contrast to the spirit of Islam that supports gender equality (al-Hibri 2000, Barlas 2002, Mir-Hosseini 2006, Wadud 1999. Similarly, Turner and Arslan (2011) observe that Islamic law has been varied and dynamic in its interpretation and practice across different eras and societies; some of its original laws are also no longer relevant today (Nasir 1990). The Muslim Marriages Bill presents such a modified interpretation of MPL that would restrict the rights of men while simultaneously allowing women greater legal access and participation in family matters that affect them (Amien 2011).…”

Legal Pluralism and the Shari'a: A Comparison of Greece and Turkey

“…It is possible to see these new ‘legalities’ in terms of legal pluralism and the shift in the conception of the secular in Turkey. The Turkish state has been both regulating its relation to the global economic system and the space of religious affairs, leading to a new secular regime, which promises legal pluralism within the existing secular legal system (Turner and Zengin Arslan, 2011). In this new state approach, the Shari'a is integrated into the economy (through the banking system and Shari'a -based companies), which opens up new forms of and possibilities for global interconnectivity.…”

Religious Tolerance in France: A Perspective of Maqasid Shari'a

“…Many researchers on religious tolerance have conducted in the perspective of local wisdom (Eko & Putranto, 2019;Fadli, 2018;Pajarianto, Pribadi, & Sari, 2022;Purna, 2016;Zuhdi, 2018), religious teaching (Menchik, 2016;Mendus, 2010;Turner & Arslan, 2011), society and country (Brunn & Gilbreath, 2015;J Neusner, 2008;Verkuyten et al, 2014), as well as global politic (Vaezi, 2018). The results of those previous research indicated that the internalization of religious teaching could strengthen tolerance among religious adherents.…”