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

Author:   Arif A. Jamal
Publisher:   Taylor & Francis Ltd
ISBN:  

9780367893729


Pages:   150
Publication Date:   11 November 2019
Format:   Paperback
Availability:   In Print   Availability explained
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Islam, Law and the Modern State: (Re)imagining Liberal Theory in Muslim Contexts


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Author:   Arif A. Jamal
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.300kg
ISBN:  

9780367893729


ISBN 10:   036789372
Pages:   150
Publication Date:   11 November 2019
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

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

Reviews

'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


'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


Author Information

Arif A. Jamal is Associate Professor at the National University of Singapore, Faculty of Law where he teaches comparative law, legal theory, law and religion, and Islamic law. He has studied and researched in law, politics and Islamic studies in Canada, the UK and the USA, and writes on issues of law and religion, comparative law and law in Muslim contexts.

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