Applying Sharia in the West
Applying Sharia in the West
Facts, Fears and the Future of Islamic Rules on Family Relations in the West
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Table of Contents
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Introduction: Applying Shari.a in the West
Maurits S. Berger
Section I: Country Studies
1 Reasons for the Application of Shari.a in the West
Mathias Rohe
2 America
Islam and the Problems of Liberal Democracy
Bryan S. Turner and James T. Richardson
3 Australia
The Down-Under Approach and Reaction to Shari.a: An Impasse in Post-Secularism?
Jamila Hussain and Adam Possamai
4 United Kingdom
An Early Discussion on Islamic Family Law in the English Jurisdiction
Jørgen S. Nielsen
5 The Netherlands
Applying Shari.a to Family Law Issues in the Netherlands
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
Besnik Sinani
7 Greece
Debate and Challenges
Angeliki Ziaka
Section II: Law Versus Culture
8 Unregistered Islamic Marriages: Anxieties about Sexuality and Islam in the Netherlands
Annelies Moors
9 Understanding and Use of Islamic Family Law Rules in German Courts: The Example of the
Nadjma Yassari
10 A Language of Hybridity: Honour and Otherness in Canadian Law and Shari.a
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
Marie-Claire Foblets
12 Religion, Gender, and Family Law: Critical Perspectives on Integration for European Muslims
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
Abdullah Saeed
About The Authors

Maria Berger (ed.)

Applying Sharia in the West

Facts, Fears and the Future of Islamic Rules on Family Relations in the West

This volume provides new insights in the concept of shari'a in the West, and sets out a framework of how shari'a in the West can be studied. The premise of this volume is that one needs to focus on the question ‘What do Muslims do in terms of shari'a?’ rather than ‘What is shari'a?’. This perspective shows that the practice of Sharia is restricted to a limited set of rules that mainly relate to religious rituals, family law and social interaction. The framework of this volume then continues to explore two more interactions: the Western responses to these practices of shari'a and, in turn, the Muslim legal reaction to these responses.

Maria Berger

Maria Berger is a political scientist and a research advisor for the city of Delft.