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OverviewWithin 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. Full Product DetailsAuthor: Arif A. JamalPublisher: Taylor & Francis Ltd Imprint: Routledge Weight: 0.453kg ISBN: 9781138205482ISBN 10: 1138205486 Pages: 150 Publication Date: 26 March 2018 Audience: College/higher education , Tertiary & Higher Education Format: Hardback Publisher's Status: Active Availability: In Print ![]() 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 ContentsIntroduction 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 ConclusionReviews'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 Author InformationArif 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. Tab Content 6Author Website:Countries AvailableAll regions |